AVN – NSW FAIR TRADING

CORRESPONDENCE RELEASED VIA THE

“GOVERNMENT INFORMATION PUBLIC ACCESS ACT”

This is an update of an earlier post on Scribd. This update is necessitated by the final decision of the
Administrative Decision Tribunal on 13 March 2013 and the subsequent release to us of the last
tranche of documents. The formal decision of the Tribunal rejecting the AVN’s arguments is at
http://www.caselaw.nsw.gov.au/action/pjudg?jgmtid=163555

But first some background: Readers who are following the activities of the AVN will be aware that
there have been many accusations of financial mismanagement made against its Past President and
Treasurer, Ms Meryl Dorey. In developing the analyses that led to these accusations, we have been
using AVN documents available to the public from various government instrumentalities.

One of these instrumentalities is the NSW Office of Fair Trading, to whom every Incorporated
Association in NSW must submit documents in accordance with the Associations Incorporation Act. 1
Some of these documents are available to the public for a small fee, and others may be made
available under the NSW Government Information Public Access Act, (GIPA), formerly known as the
Freedom of Information Act, or FOI.

Some documents have been obtained through the normal channels and formed the basis of the
document “Meryl Dorey’s Trouble With Finance.” 2 When we developed this analysis, we noticed
that the AVN had failed to comply with the legislated reporting requirements relating to the AVN’s
2010 financial year. These requirements were that the AVN

a) hold its AGM within six months of the end of their financial year;
b) submit their audited Annual Financial Statement to the AGM;
c) receive the AGM’s approval of the audited Annual Financial Statement;
d) submit its audited Annual Financial Statement to Fair Trading within one month of the AGM.

So in this case the AGM should have been held before 30 June 2011, and the latest the audited
Statement could have been submitted was 31 July 2011. 3 We were curious as to whether the AVN

1
http://tinyurl.com/9d8298k
2
http://www.scribd.com/doc/106751563/Meryl-Dorey-s-Trouble-With-Finance
3
The standard Australian Financial Year is from 1 July to 30 June. The AVN, unusually, conducts its Financial
Year from 1 January to 31 December.

page 1 of 34
applied for deadline extensions to Fair Trading, and what excuses had been offered, so in November
2011 we applied through GIPA for any relevant correspondence.

We found that such correspondence exists, but the AVN fought the release of those documents to us
vigorously, through all the appeals processes within government departments, all the way to a
judicial body, the NSW Administrative Decisions Tribunal.

Of course we asked ourselves many times, “What is the AVN trying to hide?”

Following a long legal battle in the NSW Administrative Decisions Tribunal, that correspondence was
released in two tranches; the first on 20 September 2012 and the second on 25 March 2013. What
follows are the documents that have been released to us. Some portions have been redacted as is
normal in these circumstances to protect privacy and commercial arrangements.

The first tranche begins on page 17.

The second tranche begins on page 13.

To make it easier for readers, the documents were interpreted, placed in chronological order, and
typed up by SAVN follower Harry Phillips. His versions begin on page 3. We all owe Harry our
sincere thanks.

Please inform us of any errors or omissions in the transcriptions, or any matters that you
think should be brought to the attention of the Minister in a formal report, at
stopavn@gmail.com. Bloggers are welcome to reproduce this document, but please give
us attribution and acknowledgement to Harry.

We will continue to monitor the activities of the “Australian Vaccination Network” and hold them to
account.

We will keep you informed.

Ken McLeod,

Stop the Australian (anti-) Vaccination Network,

31 March 2013

page 2 of 34
From: Robert Smith
To: Meryl Dorey
Date: 2-Aug-2011 9:44AM
Subject: Annual Summary of Financial Affairs Form A12
Attachments: Form A12-Annual Summary of financial affairs.pdf

Dear Mrs Dorey

We note that the Australian Vaccination Network Inc has not submitted its Annual Summary for the year ended 31 December
2010. Presumably, the Association has held its AGM.

Could you please arrange to submit the Annual Statement. A copy of Form A12 is attached. The necessary fees are listed on
the Form Information.

Please contact me should you have any questions

Robert Smith | Financial Analyst

Compliance & Enforcement Division

From: Robert Smith

To: Meryl Dorey
Date: 11-Aug-2011 5:58PM
Subject: Australian Vaccination Network Inc
CC: Christine Gowand
Attachments: Form A12-Annual Summary of financial affairs.pdf
Meryl

I refer to our discussion this afternoon concerning the AGM and outstanding Statement of Financial Affairs Form AF12 for
Australian Vaccination Network for the year ended 31 December 2011. [sic]

You advised that, due to delay in obtaining an audit of the Associations financial statements for the year ended 31 December
2010, the Association has not yet held its AGM.

The Office of Liquor, Gaming and Racing has advised that, as the Association had its authority to fundraise removed in
October 2010, it will not be required to have its 2010 financial statement audited in accordance with the NSW Charitable
Fundraising Act.

Based on your advice, as the total revenue of the Association for 2010 falls in Tier 2, it is not required to have its financial
statement audited under the Associations Incorporation Act 2009.

You are reminded that S37 of the Associations Incorporation Act 2009 (the Act) requires that the committee of an association
must ensure that an AGM is held within 6 months of the end of the financial year or within such further time as may be
allowed by the Director-General, Ss 47 and 48 of the Act (together with the Associations Regulation) require that the
committee must prepare a detailed income and expenditure statement and balance sheet which give a true and fair view for
the financial year and these must be presented to an AGM, S49 of the Act requires that and association must lodge a
summary of financial affairs (Form A12) within one month of an AGM or 7 months of the end of the financial year.

The Association is currently in breach of these requirements of the Act for the financial year ended 31 December 2010.

The committee must, as a matter of urgency, act to ensure that it complies with the requirements of the Act.

Please contact me should you have any questions.

Robert Smith | Financial Analyst
Compliance & Enforcement Division
page 3 of 34
From: Meryl Dorey
To: Robert Smith
Date: 12-Aug-2011 9:26AM
Subject: Form A11
Dear Mr Smith,

Thank you so much for looking into this for me. I met with our committee last night and we have set the date of September
17th for our AGM. I will be overseas at the time but we will be holding it on the internet so that should not be a problem.

I will fill in the paperwork and get it to you shortly.

Please let me know if you have any questions or need anything further from me.

All the best,

Meryl

From: Meryl Dorey

To: Robert Smith
Date: 12-Aug-2011 12:41AM
Subject: Form A11
Attachment: Rob Smith Dept of Fair Trading Re AGM 2011.pdf; AVN Form A-11.pdf
Dear Mr Smith,

Please find attached a copy of the A11-A form that I have completed as well as a letter explaining the circumstances behind
our request for an extension of time in which to hold our AGM. Feel free to contact me should you require any further
information.

Kind regards,
Meryl Dorey

12 August 2011
Robert Smith
Financial Analyst
Compliance and Enforcement Division

Dear Mr Smith,

Thank you very much for sending through the form for me to complete in order to ask for an extension of time for the
Australian Vaccination Network (AVN) to complete and submit its AGM. As I said in my email to you, the date has been set by
our committee for the 17th of September 2011 at 11AM (this is a Saturday). I will be attending from the United Sates where I
will be at the time.

I understand of course, I will need to put down the reasons that have led to the AVN needing to extend the amount of time
required to hold our AGM. Below I have listed some of the extenuating circumstances which have prevented our
management committee from scheduling and holding this meeting in a timely manner. Should you need any clarification or
further information I will be happy to give you details on any of these items or anything else you need.

1 – In October, 2010, the Office of Liquor, Gaming and racing revoked the charity authority of the AVN. This led to a great deal
of confusion regarding what it was we could and could not do and a period of some months during which we had to change
our operational structure substantially to allow for the fact that we were no longer able to accept new memberships or
donations from the general public. This included changing our database structure, completely changing our accounting
information / chart of accounts, etc. One point which I have still not been able resolve to my own satisfaction, is whether or
not we were required to hire an auditor to do our end-of-year accounts. This uncertainty led to a huge delay while I spoke to
our solicitor and read as much as I could from the OGLR’s website. The conclusion I arrived at was that an auditor was
page 4 of 34
unnecessary but I would still be required to have an accountant sign off on our financial reports. Now, I am not sure if that is
correct or not, but I was under the impression that it was. Due to targeting of the AVN by SAVN, most of the firms of
accountants I contacted were afraid to deal with us (we found this to be the case with most professionals we have been in
contact with over the last 12 months from solicitors to accountants to newspapers and magazines – they are fearful of being
targeted in the way that the AVN has been), I finally found a firm in Bangalow that agreed to do our books and promised to
have them ready by 30th of June and we had a tentative date for the AGM in July to make sure we would be finished before
the deadline. Unfortunately I am STILL waiting for this to be finished and since I thought I needed this for the meeting, I had
to delay the date, which was done in consultation with our committee.

2 – As you are no-doubt aware, for the last 2 years, the AVN has been under constant and vicious attack by the organisation,
Stop the AVN (SAVN). These attacks have not just targeted the organisation but have been aimed at myself and my husband
as well. I have filed 2 separate complaints with the NSW Police due to direct threats against myself by several members of this
organisation as well as being sent violent pornographic images by an unknown person who I assume is also a member of the
SAVN, I am fearful for my safety and that of my family. [REDATCTED] combined with the items listed above, have made it very
difficult for me to complete many important projects – including staying on top of finding out what was needed for the AVN
in our changed circumstances.

3 – Due to the loss of our charity authority, the AVN was placed under extremely difficult financial burden. This led to us
having to lay off our entire staff of 2 part-time assistants (one of whom had been with the organisation for over 6 years – the
other for 3 years), our graphic designer and our salesperson. I have had to do all of their jobs plus my own that I have done
for many years. [REDATCTED] We could no longer appeal for donations to the general public which is very difficult for an
organisation that has always been membership and donation funded. Of course, the time and financial pressures have played
a role in the slower than expected comption [sic] of what was necessary for our end of year since there was not enough hours
in the day to do everything and do it properly but I have been doing my utmost to keep up with it all.

4 – We are currently pursuing legal action in the NSW Supreme Court against the HCCC for their part in issuing a public
warning against our organisation. Since we don’t have the funds to enable a solicitor to do all the work for this, I have been
co-opted to assist and this has taken an extraordinary amount of my time in my already busy schedule. Most organisations
might have been able to offload some of this work onto their other committee members or hire outside help to assist, but
since the AVN’s committee is scattered across Australia and our finances wouldn’t accommodate any additional helpers both
myself and our solicitors are located in Bangalow, there really was not much option.

I hope that this information is what is required to allow the AVN to ask for and receive this extension.

[REDACTED]

Again, please let me know if you need any more details.

Kind regards,

Meryl Dorey

page 5 of 34
Meryl Wynn Dorey
138 Old Byron Bay Road
Bangalow NSW 2479

Dear Client

AUSTRALIAN VACCINATION NETWORK INCORPORATED – Y2079127

I refer to your Application for Extension of Time to hold the above association’s annual general meeting lodged on 16th
August 2011. Fair Trading has approved the association’s request for extension. The association is now required to hold its
annual general meeting on or before 17th September 2011.

The association is required to lodge its Annual summary of financial affairs within one month of the date on which the annual
general meeting is held, being no later than 17th October 2011.

Yours sincerely
Kristine Smith
Team Leader (Revenue)
17th August 2011

From: [REDACTED]
To: Robert Smith
Date: 28-Sep-2011 10:51AM
Subject: Australia Vaccination Network, Inc (AGM+FR)
CC: [REDACTED]
Attachments: AVN FR 31.12.2010.pdf
Dear Mr.Smith

It is with pleasure that I am forwarding to you a copy of the Minutes for the AVN’s Annual General Meeting, help 17
September 2011, and an attached PDF containing the Financial Report.
MINUTES OF AVN 2011 ANNUAL GENERAL MEETING

17 September 2011, 13:00 hrs

Present: MD, [REDACTED]
1. WELCOME
MD welcomed all to the meeting, confirming all in attendance.

2. APOLOGIES
All in attendance – no apologies tended.

3. MINUTES OF PREVIOUS YEAR’S AGM

Last years minutes had been distributed to all attendees, in advance.
MD moved that they be accepted, [REDACTED] seconded, noting she had been in attendance.

4. ANNUAL MANAGEMENT REPORT

General discussion of current court proceedings, and the attack from the SAVN.
It was concurred upon that general management was running at an acceptable rate considering the time being spent dealing
with the HCCC, OGLR, SAVN and media being influenced by SAVN and their advertisements.
It was agreed that monitoring of the SAVN attack should continue, for potential use, following current court proceedings.
Discussion on the AVN’s limited resources, and the time and effort being spent, on responding to government demands, with
continuing complaints by the SAVN

5. ANNUAL FINANCIAL REPORT

The AFR had been distributed to all attendees prior to the AGM.
MD noted that K50 profit for last year was posted.
And that the AFR is to be included with the minutes when sending to the Office of Fair Trading.
page 6 of 34
MD moved to accept the AFR, seconded by [REDACTED]

6. ELLECTION OF NEW COMMITTEE MEMBERS

All committee members expressed their desire to remain in position for a further 12 months.

7. SPECIAL BUSINESS
It was agreed that this was covered in #4, being Management, and no Special Business was forthcoming.

8. CLOSURE OF MEETING
It was agreed, next AGM will be June 15, 2012
It was agreed, next committee meeting will be Sun 9 Oct, 19:00 hrs NSW/ACT (18:00 hrs QLD)
2011 AVN AGM closed at 13:23 hrs.

Please be so kind as to advise if you require further information.

Yours faithfully,
[REDACTED]
Secretary
Australian Vaccination Network, Inc

From: Robert Smith

To: [REDACTED]
Date: 29-Sep-2011 11:00AM
Subject: Re: Australia Vaccination Network, Inc (AGM+FR)
CC: Meryl Dorey
Attachments: Form A12-Annual Summary of financial affairs.pdf
Dear [REDACTED]/Meryl Dorey,

Thank you for the information provided.

From my discussions with Ms Dorey, it seemed quite clear that the Association was a Tier 2 association for the year and thus
would not need an audit (total revenue less than $250,000). However, this is not the case.

I note that the Association’s revenue for the year is greater than $250,000 and that the Association MUST, as a Tier 1
association, have the financial statements for the year ended 31 December 2011 audited. This will need to be done poste-
haste as the Association has an extension of time until 15 October to submit its Annual Summary of Financial Affairs, together
with the payment of fee for lodgement – Form A12, copy attached.

Robert Smith | Financial Analyst

COMPLIANCE & ENFORCEMENT
Registry of Co-operatives & Associations

page 7 of 34
From: Robert Smith
To: Meryl Dorey
Date: 5-Oct-2011 2:14AM
Subject: Australian Vaccination Network Inc
Dear Ms Dorey,

Following on from my e-mail 29 September to [REDACTED] and you, I had a telephone call from [REDACTED] about the audit
of the financial statements of the AVN for the year ended 31 December 2010.

[REDACTED] submitted that the audit will not be able to be finalised until at least the middle of November 2011 but more
definitely by 30 November 2011.

As you are aware, this would be 11 months since the end of the 2011 [sic] financial year.

I will discuss this matter with the General Manager of the registry tomorrow and communicate further with you then.

Rob Smith | Financial Analyst

From: Meryl Dorey

To: Robert Smith
Date: 5-Oct-2011 3:11PM
Subject: Re: Australian Vaccination Network Inc

Thank you Mr Smith. I appreciate you getting back to me and I will await your response after you have spoken with your
General Manager.

Kind regards
Meryl Dorey

From: Robert Smith

To: Meryl Dorey
Date: 5-Oct-2011 5:58PM
Subject: Re: Australian Vaccination Network Inc
Dear Ms Dorey

Further to our correspondence below, if the Association cannot comply with the original extension of time for the submission
of the Annual summary of financial affairs (Form A12), and it seems very clear that this is the case, the Association must make
another application for extension of time to present audited financial statements to its members and lodge these on the
public register.

Before any such application can be considered, it will need to set out a clear and detailed explanation as to why the
Association cannot comply with the original extension of time.

Rob Smith | Financial Analyst

page 8 of 34
From: Meryl Dorey
To: Robert Smith
Date: 14-Oct-2011 4:54PM
Subject: Letter from the Australian Vaccination Network
Dear Mr Smith,

I am writing to you in regards to our earlier correspondence concerning the requirements for the AVN to have its finances
audited rather than just prepared by an accountant. In my previous discussions with both yourself and the OGLR, as well as
my solicitors, I was informed that there would be no requirement for an audit since the AVN was no longer a charity authority
holder.

I understand now that there is a requirement since our annual turnover is in excess of $250,000 – something which I was
unaware of.

I have been to see [REDACTED] the accountant who prepared our end-of year financial report and who you have spoken, with
regarding this matter. He has made a commitment to finish our required audit by the 15th of November but he cannot do it
any sooner since obviously, I have just returned from overseas and he or his associate will need to sit down with me and go
over the information held at the AVN’s office. In addition, [REDACTED] has informed me that the busiest time for any
accountant is from July through to October when they are completing client’s end of year work.

I would therefore like to request an extension of one month for the completion and submission of our audit.

[REDACTED] has said that he would be happy to discuss this with you further should you have any questions or concerns. he
can be contacted on 02 [REDACTED] or by email at [REDACTED]

Kind regards,
Meryl Dorey

From: Robert Smith

To: Meryl Dorey
Date: 14-Oct-2011 5:10PM
Subject: Re: Letter from the Australian Vaccination Network
CC: Christine Gowland
Attachments: Form A11-Application for extension.pdf
Meryl

Re your request below, please refer to my e-mail of 5 October 2011 concerning the need for the Association to make a
further formal application for a further extension of time – further copy of Form A11 attached. This needs to be submitted as
a matter of urgency, with payment of the necessary fee.

As explained in my e-mail of 5.10.11, before any such application can be considered, it will need to set out a clear and
detailed explanation as to why the association cannot comply with the original extension of time.

As stated in my email 29.9.10, it seemed clear in my discussions with you that the Association was a Tier 2 association. When
we were discussing the need for an audit, I recall specifically asking the total revenue for the year and whether it was in
excess of $250,000.

Robe Smith | Financial Analyst

page 9 of 34
From: Meryl Dorey
To: Robert Smith
Date: 18-Oct-2011 12:58PM
Subject: Application for extension
CC: [REDACTED]
Attachments: Form A11-Application for extension.pdf
Dear Mr Smith,

Attached is my application for an extension for submitting an audit. Please note that my letter (please see below) originally
requested an extension only until the 15th November 2011. That was due to my wish to meet with [REDACTED] or his
associates before I leave for Perth on Friday morning. I have written to [REDACTED] twice and called his office and left a
message but I believe that they must be away because I have not received a response. I leave early Friday morning for Perth
when I will be presenting 7 seminars between the 23rd of October and the 7th November. Immediately upon my return, I will
be flying to Sydney to attend our court case which is occurring on the 9th of November. I will be back in the office on the 10th
of November but that will only give [REDACTED] 5 days to do what is needs to be done to complete our audit. I would have
filled in and submitted this form to you as requested but I was hoping to be able to speak with [REDACTED] first about this
and have been unable to do so.

I will call you as soon as this information has been sent.

Kind regards,
Meryl Dorey

18 October 2011
Registry of Cooperatives and Associations
PO Box 22
Bathurst NSW 2795

Dear Sir or madam,

The management committee of the Australian Vaccination Network (AVN) is aware that the association had previously
applied for an extension until the 17th of September. This extension was for the purpose of holding our Annual General
Meeting (AGM) and also for presenting or financial statements to that meeting.

It has now come to our attention that these financial statement should have been audited prior to being presented to our
members. The association had been informed that and audit would no longer be required because we did not have a current
authority to fundraise and we were told that having an audit was a requirement of holding an authority to fundraise.

We now understand, after speaking with your Rob Smith, that there is a requirement for our financial records to be audited
since our turnover is in excess of $250,000 – something we were previously unaware of. We have tried to do the right thing in
holding our AGM and presenting our audited accounts in accordance with the regulations of the registry but obviously were
not aware of this further requirement.

I have been to see [REDACTED] the accountant who prepared our end-of year financial report and who Mr Smith has spoken
with regarding this matter. He has made a commitment to finish our required audit by the 30th of November but he cannot
do it any sooner since I have recently returned from overseas and either he or his associate will need to sit down with me and
go over the information held at the AVN’s office. In addition [REDACTED] has informed me that the busiest time for any
accountant is from July to October when they are completing client’s end of year work.

Should the Registry agree to this extension, we will ensure that a copy of our audited statement will be made available to a
special general meeting of our members.

I would therefore like to request an extension of six weeks for the completion and submission of our audit.

[REDACTED] has said that he would be happy to discuss this with you further should you have any questions or concerns. he
can be reached at 02 [REDACTED] or by email at [REDACTED]
page 10 of 34
Thank you for your time and for your consideration of this matter.

Kind regards
Meryl Dorey

Meryl Wynn Dorey

138 Old Byron Bay Road
Bangalow NSW 2479

Dear Client

AUSTRALIAN VACCINATION NETWORK INCORPORATED – Y2079127

I refer to your Application for Extension of Time to hold the above associations annual general meeting lodged 19th October
2011. Fair Trading has approved the association’s request for extension. The association is now required to hold its annual
general meeting on or before 30th November 2011.

The association is required to lodge its Annual summary of financial affairs within one month of the date on which the annual
general meeting is held, being no later than 31st December 2011.

Your sincerely
Margaret Struthers
Team leader
19th October 2011

From: Robert Smith

To: Meryl Dorey
Date: 20-Oct-2011 10:15AM
Subject: AVN – 2010 Form A12 (Annual summary of financial affairs)
Attachments: Form A12-Annual Summary of financial affairs.pdf
Meryl

Please see a copy of the attached letter put in the post to you yesterday. This is how the system works in terms of dates.

However, I trust that the Association will have its accounts audited and submitted to the public register by way of the
required Form A12 (copy attached) by 30 November 2011. I am sure you can understand the need for this.

The Form A12 should record the date of the AGM as 17.9.11 with note underneath on the form that unaudited financial
statements were presented on this date but that audited financial statement were presented on xx November 2011
(presumably)
Rob Smith | Financial Analyst

page 11 of 34
From: Meryl Dorey
To: Robert Smith
Date: 20-Oct-2011 10:51AM
Subject: Application for extension
CC: [REDACTED]
Dear Mr Smith,

Thank you so much for forwarding this to me as I leave in the morning for WA and most likely won’t receive the hard copy of
the letter before I go.

I appreciate the Department’s understanding and have forwarded the letter below to our auditor, Mr [REDACTED] and his
assistant, [REDACTED]

I am also copying this email to our committee and will ensure that the A12 form will be filled out and delivered to you prior to
the deadline of November 30th as instructed.

Kind regards
Meryl Dorey

page 12 of 34
 PO Box 972
Parramatta NSW 2124
Tel: 02 98950111 Fax: 029895 0222
Fair TIY 1300723404 ABN 81913830179

NSW
GOYERNMENT Trading
www.fairtrading.nsw.gov.au

Ref: GIPA 2011-12/59

Mr Ken McLeod
PO Box 51
MORUYA NSW 2537

Dear Mr McLeod

I refer to your application under the Government Information (Public Access) Act 2009,
received on 14 November 2011, seeking information on the operations of the Australian
Vaccination Network Inc.

As you are aware, the proposed release of certain documents related to the application was
objected to and subsequently appealed to the Administrative Decisions Tribunal by the
Australian Vaccination Network.

Following a decision by the Administrative Decisions Tribunal on 13 March 2013, I am now in

a position to release the outstanding documents associated with your application. These
documents, totalling three pages, are enclosed.

The release of these documents finalises the current application process. Should you have
any questions regarding this matter, please contact me by telephone on 9338 8980 or via
email atsamuel.jenkin@services.nsw.gov.au.

Yours sincerely

~-----25/3//3
Sam Jenkin
AlDirector - Policy

A division of the Department of Finance & Services

page 13 of 34
 :.14"9

Page 1 oi2

"
Robert SmIth .. Ref Australian VaccinatIon Network, Inc. (AGM+FR).
F'f!WS. = r •
Prom: Robert SmIth
To.
Data: 29/09/20111l~OO AM

Subject: Re: AustraUan Vacclnatfon Network, Inc. (AGM+FA.)

cc: metyf@avn,org,au

Attachments: FOlm A12-Annual sur.nmary or financIal affillrs.pdf

Dear IMs D~rey .

"Thank you for the blformatlon provlded.
From my dlscussfons with Ms Doreyl It seemed quite clear that the AssocIation was a TIer 2 asooclatlon for
the year and thus would not need an audIt (total revenue fess than $250/000). However, thIs Is not the
case,

1 note that the As$ocfatfon's revenue for the year fs greater than ,$2501000 and thaUhe AssocIation MUST,
as a Tier 1 assocratfon, have the flnanclal statements for the year ended 31 December 2011 audlted. lhrs
will need to be done poste~ha$te as the Association has an extensIon of time until 15 october to submIt Its
.Annual Summary of Financial AffaIrs, tDgether wlth payment of fee for lodgement· Form A12, oow
attached. . ,

Rob SmIth I FIt1a~cfal Analyst

COMPLIANCE It ENfORCEMENT OMS/ON

Reglsf!), or Co-operatIvea &Asaoolatlons

164 Russell Slr~et. BATHURST

(PO Box 22 BATHURST 279&)

e: tobert.8O!'~WV1C01.n3W.qoy.au
Praaoalr: 1sOii • 042) P: 02 5&331458 JF: 63831458/

)M'i.'alrt1ad1ng.nsw.goy.su .

'/FaIY
m TradIng
»> ~III!I!!II• • • • • • • • •_ 2B/09/201110:51 pm »>
Dear Mr.SmIth.
It Is with pleasure. that I am forwardIng to y~ 8 oopy of the Minutes for the AWls Annual General Meeting,
held 17 September2011, and an attaohed PDF eontaInJng the Ffnanclal Report.

MrNUTES OFAVN 2011 ANNUAL GeNERAL MEETING

17Saptember2011. 13:00 hI'$.
Pr~$en'!

1. WELCOME
·MD welcomed all to fh& meeting. confirming all rn attendance.
2. APOLOGIES •
An fn att$ndanot: no apolog[es tended.

11

.- - ------- - - - -- . -- ------- ---- -.. -- -"- -- •••• _- •• - - - - - _ _ _ _ A. _<~_ .__ ... - ._,. ____ ..

page 14 of 34
 ·.. 150

Page2of2
II
'.
3. MINUTES OF PREVIOUS YEAR'S AGM
Last yeare minutes had been dlstrlbuted to a1laltendees, In advance.
. MO moved that they be accepted."eeonded, noting ahe ~ad been In attendance. I
4. ANNUAL MANAGi:MENT ~EPORT
General dfscussfon otourrent court proo&edlngs, end the atfackfrom SAVN. •
It was conourred upon that general management was runnfng at en acceptable rate considerIng the time

I
baIng spent dealing wHh the HCCC, OLGR, SAVN and media being fnftuenoed by SAVN and their

advertieements.

It was agreed that monUorlng of. the SAVN attack should continue, for potential usa, following current court
proceedlngs. .
DIscussion on the AVN's limIted resouraes, and the trme and effort beIng spent. on respondIng to
I
government demands, wIth conUnulng complalnls by ths SAVN.
o. ANNUAL FINANCIAL REPORT
The AFR had been dIstributed to all attendees prfor to the AGM.
MD noted that K60 profft for fast year was posted. .
.And that the APR Is to be Included with the minutes when sending to tb& Office ofFaIr iradlng.
MD.mov~d to accept 1he AFRI seconded by. ' .
6, ELECTION OF NEW COMMITTEE MI:MBERS . '
All oommlttee members eXpressed theIr desIre to remafn rn p()slflon for a further 12 months.
. .
7. SPEOIAL BUSINESS
ft was agreed that !bra was ooveroo In it4, being ~nt, and no Specfal Bustness was fortboomtng•

a. OLOSURE OF MEETING

It \ws agreed, next AGM wiD be June 10, 2012

ltwas agreed, next Committee meeting will be SUn '1 Oct, 19:00 hrs NSW/ACT (16:00 hre Ql.D)

2011 AVN AGM dosed at 13:23 hrs. .

.... .
Pleaso be so Jdnd as to advise Ifyou requlre fW.iher infonnation.

AuslralJan Vacolnatlon Network, tn!).

12

page 15 of 34
 151

Pa~ 1 ofl
(' .
Robert Bmftlt.. Austl'aHan Vacelnatlon NetworJ[t Inc. (AGM+lm)
,............" l!ItUUSOiJ!d. MJ»"'!' i. :4a&

From:
To: ,nsw.&Ov.au>
Dam:
Subject:.
eel
Attacllments:

Dear A1r.Smlth,
ItIs WIth pleasure, that t am folWardlng 10you a copy 01 the MinUtes for (he AVN's Annual General Meeting,
held 17 Sepfember2011, and an aftached PDF cornafntng 1M FInancial Report.

MINUTES OF AVN 2011 ANNUAL GENeRAL MEETING

17 Sep!embtr201f, 13:00 hrs,

. Pr~ent: MO'• • • •
i.WElOOME

MO welcomed aU to the meeHng, confirming aU fn affendance.

2. APOLOGIES

All In attendance - noapofogJes i&nded.

3, MINUTeS OF PREVIOUS YEAR'S AGM

laslyears mlnufes had been dfs~ed to aU attendes$, In advanc&,

MD moved that they be accepted. .econded, notIng she had been In al!endance.

4. ANNUAL MANAGEMENT REPORT

General dlsousston of currentcourt proceedlngs, and the sttackfrom SAYN.
It was ooncurred upon that genera! managementwlia runnIng at an acceptable rafe consIdering fhe time being spent
dealing with the HCCC, OLGR, SAVN and media beIng Influenced by SAVN and theIr advertIsements•
. It was agreed that Iftonltorlng of the 8AVN sUaek should conI/noe, for potent/al use. followlnS current court

proooedlng$•

.blscusslon on the AVN'a Umlf$(f resources. and h€ e time and effort being spent, on responding to government

demands. with contlnutng complaInts by the SAVN.

S. ANNUAL FINANClALREPORT

The AFR had been dfsfr1buted (0 aB attendees prior (0 the AGM.

MD noted that J(fSO proftf for last year~$ poslad.

And lfiat the AFR 1810 be Included wIth the 1lJ!mjt$$ when sendIng to the Offloo ofFair TradIng•.

MD moved to accept fheAFR" seconded by •

6. ELECTION OF WEWCOMMiTTEE M~aERS •

All commIttee memberf expressed theIr desIre to remaIn rn posltlon rot' a further 12 monflls.

7. SPECIAL BUSINESS

It was Elf)reed that mls was covered In '4, being Managem~nt, and no SpeaTsl BusIness was forthcoming.

8, Ol.OSURE OF MeEnNG

It Was agreed, next AGM will be June 15.,21)12

It was asreed, nexf CommIttee me eting will be sun 9Oot. 1~OO hre NSW/ACT (18:00 hr$ QLO)

2011 AVN AGM clo$ed at 13:23 hr~.

.....
Ploaso be so .kind as to advJso Jfyou-requfre.ibrther InformatIon,

Auelralfan Vacotnaf/on Network, rl'lo.

.'
. , . ..... .......
.'
~
,
"
.
13

page 16 of 34
 PO Box 972
Parramatta NSW 2124
Tel: 0298950111 Fax: 02 9895 0222
Fair nv: 1300723404 ABN 81 913830179

NSW Trading
GOVERNMENT
www.fairtrading.nsw.gov.au

Ref: GIPA 2011-12/59

Mr Ken McLeod
PO Box 51
MORUYA NSW 2537

Dear Mr McLeod

I refer to your application under the Government Information (Public Access) Act 2009 (the
Act). received on 14 November 2011. seeking information on the operations of the Australian
Vaccination Network Inc.

As you are aware. the proposed release of certain documents related to the application was
objected to and subsequently appealed to the Administrative Decisions Tribunal (the Tribunal)
by the Australian Vaccination Network.

As part of the Tribunal process. and ahead of the formal decision process, discussions have
taken place between NSW Fair Trading and the Australian Vaccination Network regarding the
removal of specific information from some of the documents in question by way of redaction to
enable their release to you as soon as possible. As a result of these discussions, I have
enclosed a number of documents with redactions.

The decision to release these documents with redactions is a reviewable decision under
section 80(d) of the Act. If you disagree with this decision (that is, receiving the documents in
redacted form), you may seek a review under Part 5 of the Act. There are three avenues of
review: internal review by a senior officer, external review by the Information Commissioner or
external review by the Administrative Decisions Tribunal. I have enclosed a brochure
published by the Office of the Information Commissioner which details your rights of review
under the Act.

You should note that the time for seeking internal review is 20 working days or, for external
review, 40 working days from the date you were notified of this decision. You may obtain
further information about your rights under the Act by contacting the Office of the Information
Commissioner on freecall1800 194210 or at www.oic.nsw.gov.au.

I can further advise that the outstanding documents associated with your application remain
subject to the proceedings before the Tribunal. and subject to the filing of evidence by the
parties, a further planning meeting is scheduled for 23 October 2012.

If you have any questions regarding this matter, please contact me by telephone on
93388980 or via email atsamuel.jenkin@services.nsw.gov.au.

Yours sincerely

~ in--~qfr2-
Sam Jenk....
Director - Ministerial and Executive Services

A division of the Department of Finance & Services

'--.
page 17 of 34
 .139

Pege 1of2
,
•f
Rq'bert Swith. • Rei AVN .. 2010 FOllll.A12 (AunualsuJllU1811 offiuRnclal aftnfl's)

lii:oltllM6tyl Dorey -<tttolyL@avn,org.aU>

TOl "Robert 8:mfth" -<Rohorf.Smitll@sorv[Ce!.Il8w,goV.ftlP
Dftf~1 . 20/1OnOlt 10:51 AM
Subjeot: Ro: AVN .. 2(110 F01'1n.A12 Annual summary offInanclal a:ffttlrs)
eer

DOIIl'Me Smith,

Thank you so .muchfor fo.eWlll'ofllg th.tIJ to .mo.as r lea.va Inthe. filOJ'.I1i11g.to1' \VA aile! moat llkely

won't l'e¢olvo 1&0 hard oopy otllw totrel' beforo rgo, .

~h.&Depatltnent's underst~ncllng 811d haw fOlwarded tho lotrel' below to oUi'tmdltolj Ml'
~l1dh1s aSSf8falt~'i• • •

I ftM olso oopylng thIs eman to 0\11: conuntttoo and wlll Ollsnro tbatf1t6A12 forM w11l he filled out
and dellvercd10 youpi'lol' to tlte deadline otNovembor 30tb as JU3tl'UOted. .
Kind tegm'ds j

MerylDoroy

On 2(/11)12011, all0:15 AM> Robert Smith wrote:

MalYI
P(eage see acopy of the ~ttacbed latter put In the post to you yesterday. ThIs 19 how the
SY$tem works tn wrms or dares, •
.
However, Xtrust that the Msocll1t/on will have Cts accounts audIted and submItted to the
publle register by way ofthe requIred f'Oml A12 (copy attached) by 30 November 2011. I ~m
sure that you can undat$talld the need for thrs.
The form A12 should record the da~ of the AGM as 11.9.11 wRh note underneath on the
form that uoaudlted financial stateme/lt$ were presented on thIs date but thae auolteQ
fJnanclal shlt$ntents wert\ presented on xx November 2011 (presumably).

~i8 emailmessag$, inQludinganyattaob$dfi168, is oonfidential and

intended 801ely fo~ the U8& of the individual or entity to wh~ it i$
addt'essed.

.... 111'1 \ '1"'0.

page 18 of 34
 . .l4D

Pago2of2
..:
.
I

I
~he Department of Finanoe and Sexv!oe8 prohibits the right to publish,

oopy,'diet~ibutG or disolose any information oQntain$d In this email,

or .

I
its attao~ent$1 by any party other than the intended reoipient.

If you h~ve reoeived this $mail in erro~ please notify the 8ende~ and

delete it ft6m your system.

No employee ox agen~ is autho~i$$d to conolude any binding agx~ement

on behalf ¢f the Depa~tment of Fin~nce and Servioes by email,

fhe views or o.piniQns p~~sented in this email a~a solely those of the

a~tho~ and do not necessarily r$p~~ent thoBe of the Department,

r
exoept Wheta the Elender eKpresely, and.tllth AuthQrltYI states them to

b6 th$ vielfS of the ?epa):tment of Finanoe and Seniaa$. .

~ho Depa~tment of fInance and $$rvioee ~ooepte nQ liability to~ any

~0118

O~ da~aga arisinq t~om the U~~ of this email and reooMmsnde that the

reoipient oheok this email and any attaohed £i1$$ for the pr$son¢$ of

viruses.

*.*~~******** •• *.****~*~**~******.*.***~************.***********t*****

**************~ .

<AVN Letter 19.1O.11.pd£><FO£m A12-Atutualsumtnaty otftuanolat aftalrs.pdf?

2 1­

page 19 of 34
 .141

FaIr
Trading FILE ..COpy ,

OurRefl N44:2681a
MERVLOOReV
138 OLD BYRON SAY RD YOl/fRer.
BANGAt.OW NSW 2419 Oontact!
rel&phOn~1 1800602042
F'a08lm1fa: 02683S14~4

Dear ClIent
AUSTRALIAN VACCINATION NeTWORK INCORPORATED - Y207Q127
( re(~r (0 yourApplloatron (or Sxtell$lon afTlma fo hold tha above assoolaflon'a annual general
meeting lodged on 19th ootobar 2011. Fafr Trad{ng has approved the assootatfon's requastfol'
axten$lon. The assoolatlon Is nowrequtred to hold lis annual general meeting on or before 30th
November 2011. .
The assoalatlon Is requIred to lodge Its Annual summ.ary of flnaooJaJ arfatrs wlthfn ona month of
the dats on whIch the annual general meeting 16 held, barng no later than a1st Deoember 2.91:f.
. .
. "
Yours slnoerely

Margaret Strulhers ..
TE/am LeMer
. 1iJ Ootober2011

'f

RegIstry ofC()tQl'9talfves &AesocfaUons PO Box 22 Balhul$t NSW270SAUtl(6Rl

DX 81~ Balmr.t TGlephOl\$ (02)88831400 Fax(02) 833311444 FRSEOALI.·1800 502 042 3
hllp:lNN/W.relf\f~dbg.f\$w.gov.ftU

----"­ "~~-----=~~---------
page 20 of 34
 Pagel! ofl

)h'(l)lU Meryl »ot'el <molyf@avn.ol'g.cm>

Tor RollertStnrth <Rotiort,smftfl@SlIlylces,lIl1w.gov.ftu>
nat!)1 1 12:58 PM
SlIbJect:
. Cer

lJ~r Mt' Smltlr,

Atta¢lled ht my IIppJlOOtiou fur an oldenslon :fbI' om' subm.lttlng!t11 ftudlt. Pl(1ftso note thatln), fertel' (1)16010 $¢(\
below) Ol'fglnatk reql1es~d ftt) ~¢/ISIOIl (lnty ttntH t1tO 15t11 ofNovembe1; 2011. Thatwas dUG fo trty wIsh to
nue! WJtfl • odds assoelafo beforo IleAY(rfol' POl'ttl Oil 'UJtlday mornfng. Unvs wrll.tefllo.
twlOf> and onlled Ills offico And left mesl~ buU boJlov~ flltl.tttlOY nlustbe away beOlluS& I have.lIot
l'tco.fved It respollso. I feftve earlyFrld/l.y mol'tlfng tor Pettit whoro I wJll bo pl'OlIontln, 1 8emblflrB betw«ll1 .
tbe 23t'd ofOotobor lind UIO "Jttl otNov6mf>cl', numedJatoly upon my -"'hIm, I wlll be tl,yJng to Sydney fo
. tlttend our court Ollie wJtfol11s ooourlu§ OJ) tho 9th ofN()vembel~ I will ba"baoklniflo officeon tb~ lOtlt of

November bnttbatwlll only glv~ • 5days10 do what needs (0 he «0110 to Qomplelo OUl' 8udlt.1

wOllfd Ill\\'0 filled fn and snbtnlffed tltls form to you as requested cllrnor buH WflS 1101>ln8 to bo ~ible to spoak

wftt_fll'st about ibfs Ilnd bavo beon tlllablo fo do so, .

I wlll oalf you 8880011 8$ .MII fnf'orm~f1oldllls been $ont.

KInd regards,

MetyJDoroy

Request fbr extel14Jon.. otttmo to :flfe final PlI)lolworlund 60011:

Dear Mrsmllh,
ram Wdtlng to you rn ~gards ftJ our earlier (Olf&POIldenc~ coricernlno tha requlrt1lnlent (or 111& AVN. to have Its Rn~s

I;ludlted raUler than~lst prepared by an 8«ountant. tn mv prevfous dlsooss!oll; with bolll youllelfand Uta OlGR" as VleU

es With my soI/dt0f.9, I VIM 'ntanned thatlkere W<luId be ItO requtr«nent foran audit sf~ the AWl was no longer II

cltarlty authOtlLy holder. .

r un~ar~tatld /lQW thatth!!fll Is & requlrementslncG our annual turnover fs fl'l ex~~Qr f25<l,OOG •somethIng wlllch! was

unawam of though r do recall tltat W8 dltcussed the AVN~ turnover lind I w~s lIotaware at the tlma U!ahw were OYer

thaI/mIt.

I have been to the ftccountantwho prepaf«l our ~'tlryear fTnancfat repoJt and.who vou have

spoken WIth hil$ madea «lmIt\Umentto trnfsb our reqUired audit by the 30th orNovember but

he cannot do obvfou~/1 havajust retumed frOllt overseas and he orhl$ .$~clate wl1l need to .$lt

down With me Information held atthe AVN'G of/k(f. Tn addltlon,_has fnformed me that tits

busJest time (or any accountant'9 from July through to O~berwhtn tltay are ~ltent'$ end ofyear Y/Olk.

! Vlould therefoRlll!(e to request an ~efls!on ~t»)le month fortba completion and _ub\'lllss/()1l ofour audIt.
nas sald tbatll& would be 1\1IPpylo dl~ havaanyquesllons ofcon~s.
He can be reached a~02 or.bV emaU a t _ _ _ _ _ _ _ .
"
Tflank you for your tfme and for your consfder~t!on oftN$ matter.
f<Jndregqrdsl ~~~
KoylO<tty
~fi"'~IJ1,~~
AiPJ-."rI ~N rl 11 1ilJ w.I/, !~
,~e.. n,,([ ~

.
y~. '-N;, ~

. ..... ._If.:.1 .::::.L/:... . . . . . . . . . . ., <..... ...,,.,,u

4

page 21 of 34
 .l l.IVINlirWISJ)l«ClNATH

I
p~ 21
0266872032

Australian

aqJV'/ Vaccfnatfon

Network
Ie Otl.OlIOIj 2011

Rc!1Jlstry of C~opelltllvllS lind As~dcratrons

PO BOl(22

BATHURST NSY/2195

I
&VfA){I~~1I~3145S
AND ny £MAlltrobttt••mllh@'.rvlces,lu\'f.go....Iu

D~~f SIr orMadllM,

The Management ComMIltlJD ofche A~trill'anv.tcclna(lon Network (AVN) l~ aWArtl thatdlaI!$$oc/at/oh. had pr$Vlovsfy

IIPplllllQ (OTllfltllWndoll vntll thll11th otStptl1/nber. ThIs eltt4ntlon was (or thlt PillpolO I)f holdlnD ourAt//\Vill Gell~t"

Meeting (AGM)i\nd Jrso for p14filntlng our #InMer., ,IlIlllMGnts to thlltmutIng.

Jt hatno\Vc00l4 to (JUT at~«onth4t thefctllnanclaf stat6ln91l~ ~hould hWI! ba~n Gudlted pdotto befng Pl'esented to

OVfhlt'llllbert. Ttlus$¢Cfatlon Iltd been I"formed thn$nllud(tWOtrltfna!ongllrOIl requIted becauraW4dldnot h6VQ

8 ~urrent lIuthorlty t~ ftJndralfti met we ~tt fald thn 1111'1(1\9 ~n aud/tWM 11 tllq!Jrr*M!lllt ofhofd(~ *nattth~dtyto .

f\ln"taltf.

W4 now urtdtrlcMdt IIfteupQIlIdJ111 with your MrRebSmflh, tbmltbre Is atequlf4IUilllt (or OUt ttllanc(al ,«oras to bl!

lIudrttd $lnf!e OUt aMUIII (utnO'/4r'r In C!J«9$S of$~SO.OllO· SOMEthIng wflfth we '11e.ro pre~ouslytlnll.wareof.Wa havll

tiled to do ~hq tight thing 11\ bofd(l\g O\lt AdM and pte,intlng OVf audrteall«(OUnlf 11'1 acoord~,,(. with tI1a f$gll/atlons

of tl\. R'I9llbybutobv!ouslywert not AViare ofth{s Wrther requlrlllMllt.

I have b4111'1tQ JIll ha Ilt«wntllnt who plepllreif OIll'4nd-o!yeafllnancfafr,polt /ll\dwlto Mt SmIth

hafspokenw/lh ~gAr<ffng thfs nla!~r.HII hu madt II commrtm.ntto flnr$1\ "Ul' r,q\lft4d 4t161t by the 30th ottloVllmber

bIn; he annotcfo ItaliI'$oone, 11n~1i Ihlve f4CiAlly flltumlld (tolU ~wcsells IIlld tither be c)r hIs n.odattwll( need t()

,ltdo\V1\ WIth Ina and go overtfl.ln(ormtll!ofl b61t1l!Uho AVN'I: oftic•• ln addltlon._hIlJ f,\formed mathlltthQ

busiest tllM fo( $by J«Ollntanrls {(omJurylhl~gh to Octobllrwhan thQy ar4c:o~nt'send \)'yqar~rk,

I .

Shollfd the ftegrstry ag~4 to thlr ~xt.nSr(:ln, W4 \\'111 ~lUl.lca that_ COp)! of(lU( atldlt!ltf 't4~lMnt \'111t btl made t1V6'J~~f4

to a sp~dlll S14tMTaf maoUn9 o1ollr memb~r#.

'.
Jwould Ih4teforlt lIke to r4Qu8stan ~teMton ~(.sb(\V.e~ rot the c:ompletlon~nd $ubml$slon afoUl audIt•

. . . .Jh8ffJldih6thEtwaufdb9h!lppy
Hec.n iltf411Ched4t02
..
(llbYQnlall
Thankyou fotyoul trmul'id (QfY£lurCOi!stdamlon ofthfs m&tttr.

flh" 0.,., 002 923

AVN PO Box 117f!llnga1GW2419 N$W
ph 02 «5(1&7 :w3~ fax Oil 6678 O$~4 .
em1'11 mttyl$IIVIt.org,lu wwW.eYn.otg.aU

Ii

page 22 of 34
 ,.1~4

Pagel 012

',;,'. .
ltobert Smith .. ReI Letter from the Austranan VacclnatIon Network
II

ProHn Robert SmIth

'tOJ ­ Meryl Deftly
.Datel 14/10/2011 5:10 PM
Subjectl Re: Letter frem the Al!$trallau Vaccination Network
oof Christine Gowland -
Attachments! Fonn AU-AppJfcatlon for extenslon.pdf

Meryl I

Re your ~quest beloWI fl~se rerer to my e-tnall of 5 Cktobar 20:1.1 conoomlng tlie need for tha ft.$soclatfon
to make afurther forma application for tl fUrther extension ()t tlms - further t;opy of ForM AU attached.
'ThIs need!! to be submitted as a matter of urgency, with payment ofthe necessary fee,
I
As expfarned In my a·matl ot 5.10.11, before any such applicatIon can be OOI'lSrd'eroo, It will need to set out
a clear Md detaUed explanatlon a& to why the association cannot comply wUfl the orlgba' ~n$/on or time. I
As stat«{ tn my email of 29.9.10, It ~emed dear rn my dlSGUsslons with you t/tat the Assoclatfon wat aTier
2Els$oclatron. Wilen we were dfscusslng the need (or an audIt, I recal( spetlflcalty 89ktng the total revenue "
' .
for the-year and whether f!: wag tn QXC$$S of 4250,000, " " ,.
'.. ~. ~
" ,
, :

ttjF!fr
b11Q.t
TradIng
»> MetyJ Dorey <metyl@avll.org.au> 14/10/20114:54 pm »>
Dear Mr SmIth.,
I em wrltln.g to you In regards to our earner corr&pondenee Q)ncemlng the requIrement for the AVN to
have Its tln~nces audIted rather than Just prepared bvan ftcoountant. rn my prevIous discussIons wIth both
yourself an(l the OLc~R., as well "s with my sollcltor$,l w8sInformed thaHMra would be no requIrement for
an audIt srnce the AVN was no longer acharily authority holder. •
1understand now that there Is arequfrement sInce ourannual turnover Is In e~ss of $250/000 •
somethIng which Xwas unaware or. .
I have been to m--.. the accountant who preparEd ourend·ofyear ((Ilanelal report and who
"$
. you have 6poken.wi~ matter. has made a commitment to flnfsh OUt' requfred audIt by the
15th ot November but he cannot do It any soonersince o()vrOUSfV, I havejust returned from oVtlrseas lind
he or hIs assocl'ate will need to sIt down with me and go over the InrOTmatton held etthaAVN's office. In
adclltron, h!lslnformad me that the busle$t tJm~ fer any acXCuntant Is from July through to
Ocrober when they ere completlnsl client's end of year work.
1would therefore like to request an extensfon of ona month for the completIon and submfsslon of our audit.
_ has saId that he would be happy to dIscuss this with you further should Yo4 have any quest[o~S

page 23 of 34
 . 145

Pago2ot'2
_
. r'
_ • _ _ _ _ _• f •
or alncerns. He can be t~ched at 02 •or by email at
Thank you for your time and (or yourconsideratIon of tbls matter,
KInd Ng_rds,

Meryl DOl'$Y

Meryl Dorey,

Spokesperson

The AustralIan Vaccfnatlon Network, Ino.

Investigate before you v€loofnate

f. editor,
Living WIsdom Magazrne
Family, Health, Environment
PO Box 177
BANGALOW NSW 2479
AUSTRALfA
http:I{www.avn.org,§lJ
htfp;/Iwww.lfvlng..wtsdom.com

Phone: 02 86871699

FAX 02 ae872032

skype:_
Freedom Is not merely the opporfunffy to do as one pleases; nafther fs It merefy
the opportunity to ohoose between set alternatives, Freedom Is, frrst of all, the
phanoe to formulate the available ohofoes, to argue ,over them ~nd then. the MW

opportunity to ohoose•• O. WrIght M1Us

The 'aufhortty of any governing Instrtullon must stop a.t lIs olUzen'e skIn, .. GlorIa
~~m . .
We rely on the hefp and support of our members and subsor/bers to oqntrnua
offerfng our servIoes freely and without preJudfce.
.
Please comdder helpIng us by subscrfbrn~ to LivIng WIsdom and renewing your
member~hlp promptry rfyou are already an AVN member. Go .
to http://www.6vn.org.au to subBqrlba 0" renew.
We also sell books, vldeos and DVDs on vaoolnat!on and other health Issues.
Go to hUp:llshop.avn.org.a.ul for mOr$ details',

page 24 of 34
 .J~6

Page 1of1

RobeJt Smrth .. AU9traifan VacCInatIon Network Inc

C 1 iii ., AUl/MIlII t sr em.,

ltroltU RQbelt Slnllfl

TOl metyl@avn.org.au
Datel 5/10/~0112:14 PM
sub,feotf f!usmlll:an VacermiUon Network lhe
ce,

bear Ms Dorey

followIng on from m~ e·m~" of 29 September 2011 to and yQlfJ I had a tefephonEl ('aU thIs

mOfl.lfng frOI! 2 about the audItofthe trnanclal stat~mel\t8 of AVN (or the year endad 3~

December 2010.

_submitted thnt the audIt wll! not be able to be final/sed until at least t~6 mIddle or November
20~1 but mom def(nltely by 30 November 2011. .

As you 81'4 aWtlr~, thIs would be 11 months ~1'I00 Ute end or tho 2011 (l"anetal year.
r wID drsClIss thIs matmrwIth the General M~tlager of ttlo R~stty tomorrow and communtcata further with
you then. .

. .

page 25 of 34
 .147

f
.-, Page 1of2

RobertSmlth" Ref Australian Vacdnatfon Networlc luo

, tel.' "" nz trmm ....
from I RobeltSmUb
Tot MIlIYI Dorey
Date. SilO/lOU 0158 PM
subject I ReI Australian \lacdnatlon Network me

CCi

DearM9 Dorey
further to oUt corrlUjlClldell(G. beloW/It the Msoclatron canl10t comp(y wllh orfglnel ~n$lon of Urne for 6ubmlssron of tho
Annual sunmlluy of t//II1ndall.lrralra (POUlt Al2),lmd It sWl)g WIY clear that thb 1$ Uta CjlS81 Iha Assodatron must make allOlMr
applkatfon (or extensIon of (lme to presentauillted fimll1tfal statements to lIS mellllms ~Il" lodge tbest on Uta publfe r~$~r.
Beroto anyS(l(h can be (fJlis!d~red, It Win need to SGt out ~ c(Hr end dlltal!ed exp!analfon II' to why tM Assoelatlon
cannot compJf WI the orlgrtlaf ~$Ion (Iftlm$,

~l1jlFafr
_ TratHng

»> r"atYf Dorey <mlU)'foavn.org,lIO> S/10}2.0113:11j:1lt\ :»>

Thank you MrSmlilr. I,pprllclate )'4tlr gelUng back to mo end I\'IID IIWaltyollr respoJlS1 eRer y¢u have spoken wfth your
Gell~l!1 Manager.

KInd mgall1t,
Metyl
~nt fl'QJ)1 my IPlid

On 04/10/2011/_t BI14 PM.t ~Robert SmIth" <B,oWntmnljh@s.m1w.!\$\MOU!l> wrote~

Pear Ms Dor$Y
FoIlowrrtg~n ftom my 8-mllll ot~~ September 20U r had It hllepl10M <»11 thIs mOltltng
!'rom. abOut: thuudltotlhe Hnanclal year ended 311>ecember 2010.
-submltt~ that tboaudlt \'1m not btl abra to be tktalls.d unlit at leastthe middle ofNovember2011 but
~tety by 30 NoVl!mber20l1.
",yoU Ilruwaret thl$ would btl 11 monthS! $ln~ the IIIld oHha 2011 trnandar year.
-[will dlseuss thl' matter '\11th th$ ~netal Managsl' oftile Reglstly tomorrow and communrcate fUltller \YIlh VDU
thim. .

.. .
.,

page 26 of 34
 .. 148

pago2 ot2
t

'ihis email 1MB /HI"., !noluc\tng ~\t\Y ~tt:$Ohed flles, h con:!dtnt:taX- alld •
int.mded eo101y "1(>): thll uee ot thO lnd1.v~/ll Ol: eat.lty to l1hQR\ it h
Clddussed.
The Departnent o~ FInance and ee~v.iO$B prohIbita the riqbt to publi$hr
Q~YI d~s~ribute or disolC8e any information oontAined in tbia email, ¢~
ita a~l:!lohlltGnta, by any pore:.'I ot;hel! than tM intQnded 1:8oipitnt:.
Xf you have %4o.1.... d this 6Ineil in er1!oJ: p;J.ettse notl'fll th/il ,etlder end
delete it fr~myo~J: eyetem.
H<> e~cye&. 0.1: M:e1l.f; :1.$ $uthoJ:ued to oonol.1.\de *J\Y ~;tl\(!ing .gteelttnt
on behalf of the Depllxt~nt ¢~ finanoe .n~ $ory~el by email.
'!'he vieHS OJ: opiniQrtli present'" in thia $lIUIu, (U:<l IIolely 1:110$$ ot the
autho:r and ~ not ne<l$$sar.il.Y .represent: \:haBa of the Deplll:tlUnt:,
eKQepl: lIhe'l;e thG .tn(bJl: ex.Pl:essIy, and IfUh llul:ll<»:ity, ,,~t:Of thllll1 to
be the vieKs of tho Pepa~tm.nt of rln,no$ an~ 8.~vl~Qs.
'l'h.;t. Di:I~l\~tttenf; oj! lrlna~ and sarviaea aooepC:s nQ liabUt.ty £Oll a~ loss
u".
OJ: cfllllllgtl 11:'J.aJ.ng t~ the oJ! tilts $ma:f.l and r~nds thttl; f:bll.
.teo1»!ont: 9heot this 9111.11 and a~ attaohed til$e l()~ .tho p.rilll&Me ot
V.b:U81&'.

10

page 27 of 34
 .15d!

.
•• • Fair

I1~W Trading
r
OU(R&n N44970i7
MeRYL WYNN DORey

1ea OLD BYRON BAY ROAD YourRefl

SAN<lALQW NeW M79 contacl: KSmlfh

TefephOlle: 1800602042
facsImile: a3381444

OearOHant
AUSTRAt.lAN VAOOINATION NeTWORK INOORPORATED .. Y2079121
I refer to your Applloatlon for extensIon of TIme to hold the above assoolatlon's etnnual gene'ra!
meeting lodged on 16th August 2011. Fair1'radlng has approved the aesoolatton's request for
extensIon. The 6ssoolatron Is now required to hold Us annual general meeting on or before 11th
september 2011. .
The aseoalatlon Is required to JQdge Ita Annual summary offInancial affalr$ within one month of
the date on whlon the. annual general mesUng Is held. being no later than 17th ootob&r 2011.
.

Krlsllne Smith
Team Leader (ReVenue)
17 August .2011

Regletry of Co.oPora.tlV&s a AssoolatloM po BOX H Bathursl NSW27WAuswJa

DX3123 Bt'hM( T$l6Phone (02}6333 i~OO Fal«(~ 0333 i444 PReEOAll·18CO 502042
14
Iit~:lNAW/.f_lftradng.n8w.gOv.QU

page 28 of 34
 : ,153

Pagel 01'1

Robel'tSmith .. Rei Fonn AU

'W It h PH Mr=

lll'omt MClylDOJ.'6Y <n16111@avn,o,rg.au>

'1'01 RO'boLt Smith <.Robelt.Smtth@.fiorvlces.nsw.gov.au>
Datei 12f081201112:41 PM
SubJoetl Ro: FOl'm All

I
AffaobUlontt, Rob SmIth Dllpt ofFai.r Tl'adlng:Re AGM 20lI.pdf) AVNForm A..ll.pdf

Dear Ml' SmIths

plcase fhld aHftohed a copy Qf1ho A11...A form thatI have Qompleted as well as a 1(j~1.· expWnIng
tho olrol1mstan~ behind outrequest for an cxtooslOll oftlmo fn. whioh to Jlold om' AGM. Feol tl:oo
to contaotme should you reqtdte Qtl¥ 1\uthcr Jnfonnatl~n. '. . .: . ~ ..

Kind regards, "

. Meryl Dorey

, '
"

.. -, 15

page 29 of 34
 . [0/41 CJ4:6~J
~ 1..0 1O,{ 'l, 1. .
Australian
VaccinatIon
Network
t2 AugUUi 2011

MrRob Smith,

financIal AnalY$t

Compliance and £nror~mentDM$lon

Regl$uy ofCooperatlVQ$ and AssocIatIons

PDBox2a
BATHURST NSW219S
IlYFAXJ0268331458
AND aY IiMAlll robert.s!'lllth~lvl~s.iuw.r.lQv.au
Oi!l'lrMrSmIth,

lllankyou very much (orsending through the form f~rme t() ~lnp!ete In order to ask tor Iln extension of
time for the AU$~mftan Va«ll'Itltlon Network (AVN) to complete and submrtlts AGM. As I$ald In my email to
you, the data hal been :let by o\lrcommltteefor tblt 17th ,,(September, 2011 at 11 am (thl$1$ aSaturday). I
wrll beattendIng fl'om the United State's where Iwill beatthat .rmt. . .
Iunderstand thatotcounll, Iwill need to put down the reasons thathave led to the AVN needing to &)C{end
the amount oftIme requIred to hold ourAGM. O~'owil havl) listed some of the (lXtenuatlng drcumstances
which have prev~ntedour management C()mmltt~e from scheduling and hofdtngtfif$ meetIng In tt ,Imary
Wlnnet; should you need any cfarfftcatlon or (uttherfnt'otn'latt¢tl, f WIll bav4tyhappyto {lJveyou details on
~my ofthesQ Items or anythIng ~'$& you ne~a

1·In October,2010, the Offic:ei)f U~lIor, GamIng and Racing Mvoked the charity authority oftha AVN. ThI~ led
to a greatd~' of conf\lslon T4gard/ng what it WttS wa (Ourdand tourd not do .nd a petrod of som~ mOhtbs
durIng which we had to changeouroperatIonal structure sUbstantIallyto allow lor tilt t'aGuhat we were
no fongerable to accept new membel'$hfps or donatIons from the general pubRc.Th's Incfudlng changing
our databasestruc:tul't, completely (hanging ourscc()untlng InformatIon I chllrt ofaccoul'ltt, etc. Onepoint
wl\lch Ihave Itt" not beanable to f6$OrV(t to my own sllt{s(aGt/on.ls whether or not Wit were requfred to hire
an auditor to dQ our end-o~year aC(aunts.lhl~ uncertaInty red to ahuge deJa}' whU&' spoke With oursolicitor
andread 8$ muc:h as Icould (/XI1n theOLGR~ web$Tt..The concludon' arrived atwC\s that an audltohw$
unnecessary but IW<luld $UI( PI) NCful~cr to have an t\c~ounlant sIgh ort on ollr financial repor~. Now; f am
not SlItEl '(thllt 1$ cotM(t or noll but IWII5 underthe ImpressIon that It was. Due to targetfng offhe AVN by
SAVN, mO$t ofthe firms ofaccountatlts rcontacted were afraid to.<fear with us (we found thIs to be the care­
WIth ltlostprl>fessfonaJs we ha\llf been In contad overtha fast 12 mOl'\lhs from :fol/dtors to &CCOul\tanfS to •

newspapers and magazln$$ - they are all fsatful ofbefng 1argsMd In theway that I andtheAVN have been).

Iflnallytound It tlrm In Ball{taro~vthat agreed to do our books and proml$ld to htlVIl theM ready by 30th

ofJune and we had atent4tlve date(or th$ AGM 'n Julyto m~kQ ~lIr~ tflat WI! \Yc)Uld be ftnlshed befora the

d~drrne. Unfor{unatel~ Iam STILLwildng for thl$to b& ftnlshed and since lthought' needed this for the

mcaetfng, f had ,to dtlay tfi&date, which was done 11\ con$l.dtatlon wUh our ~ommltte~.

2~ As you IItv no·cloubtawat$, fer the fast 2 }'E!tlrs, the AVN hll$ been under c<mstantand vlcfous atta(k by
the organIsatIon, Stop the AVN (SAVN). These attacks hav., not JU5ttargetedthe organlsutlon but have bes!}
aImed at myself and my hUsband as we". Ihave Illed 2sGj:laratecomplalnt$ with the NSW Police dua to dIrect

abn 077002 923

AVN PO DOl( 177 Banglllow2479 NSW
ph 02615872436 tax 02 6678 0894
email meryf@avn,org.8U www.aVt'l.Ofg.8l1

16

page 30 of 34
 IOU Of /ltU/, ll1AtllfvaUlhorlly,. the AVN WIIS placed under at) exttemefydifficult financial burdell.
1l<\Ir,rrI'lI1l'6fmrBOffl4t6st4ffof 2 tants (oneofwhorn had the
~M~lnl.~,HhnMrfw~r6w~m··m9 ®

~ry htlu{wlIYs been an<ldonation (undnd. Of

O)UUt, the timeand financial pressures have played arole In the sloweHhM expecttUl <emption of what was

nec~ssary (orOllr end ofyaarsince there are slmp!ynot enou~h hours 11\ 1he day to do everythIng and do
properlybut Ihavo·been doIngmy utrr1cfst to keep up with ftalL

't

If· Waara current'y pUl'$ulnglegal actlon'n the NSW Supreme Court 8ga'nn the HCCC for thefr partIn IUlIfng
a p\lblf<: wllmlng agaInstour f)tgtu'llsatlon, Since we dolft have the (IIn& to enablea $olldtor to do all oflhQ
work for thl~} Ihavabeen (0. opted to assfsf and thIs has takl!n an extraordInaryamount Qf t'm~ In myalready
IncredlbJy bU$y scl\edure. Most organisations mIght havo bllen ,abla to offload some aftltls work onto theIr
other committeemembers I.'Irw hrra outstdehelp to. assJsft but srnce thaAVNt commltwe Is sClttered a<rO$S
Austrlllill and (llJI'flntln~ wouldlftaocommodate any addItIonal helpef$ al1d bothmysslhlnd oursof(cltorare
located fn aal\garo~ thl!!'ueaUywas not much ofan optkm,
fnopathattht£ InforMatIon {swhat Is required to ~lIowthe AVN to lI$kforand I1lce[ve thTs extension.

Agalnt please letme know /Iyou I\e~d tiny more cfotaJ/s,

I<Jnd regard"

MerylW Dorey, .
Natronal PresIdent
AustrallilnVaccinatIon Network
Editor
LIvIng WIsdom magazln~

17

page 31 of 34
 ,,1'h6
~

·
.. ....
RolJel't Smith .. Ret Fornl.A11
tzrCn¢"· YAF erz SeW WI Mj I iPta;

From~ MeL),! D01'OY <.m.e.tyl@avn.org.t\u>

, TOI ".Robed Smlthll <Robert.SmIth@servlce8.n$w.g~v,(nt>
Datol 12/081.20119:26 AM
.
Subjectl oRo: Form All

Dear Mr Smith,

Thank you so .mUM for looking:Into this tOl' me. I met with OUt' conunftteo 16M nIght and wo haV611et

fhe aato O:fS&.ptM\~er 17thfor out'AGM. I wJ1lllo oversells at tho tlmo but wo wlU bo holding it on

tho Jnfemot so that should not be ft pl'obl<w.

I wlll fiU in the papcrYiork 8!td geUf-ro you shOl11y.

PloRsl) let me know !fyau flaw any q\losUons ol'need an,ytbfngf'lll'thorfh:Jmme.

All the best.

MOlyl

0.111110812011. at 6:03 PM, Robert Smith wzote;

<MtillAUaolunent,bmp>

**********•• ******************t*.~******t*.********~*********.*** ••• **

***fr***,H,'",i****
~h18 email meS$aga( inoluding any attBohed filesl ~a confidential and
intended sOlely for the USB of the ~ndividual or entity to wham it i$
addressed.
,The Department of Finanoe and Bervio~$ prohibits the ri9ht to publish,
oopYt distribute or dLeolose any infoxmation oontaIned in this email!
or
its attaottMentsl by any party other than the intended recipient,
Xi you have reo6ived this 6~ail in et~ot plea~e noti~y tbe s$nder and
delete it f%Om your $y~~em.
No e~loye& or a~ent is authorised to oonQlude any binding agreament
on behalf o~ the Department of iinanoe and 8erv1oes by email.
1he view3 or opinions p~e8en~ed in 'this email ate solely those of the
author end do not n~oe8sar!ly represent those of the Department,
exoept where th& Bend6r e~pre~8~YI and with authority, states th~ to

The Depaxtmenh ot BinanQ~ and

.
aooepts no
be the v.iet16 of the Depa3:tment of! li'!nanoe and Set-vices •
Se~viO&8 l!ab!li~y for any
lo~e .
or damage ariQinq from the use of this email and rGaommends that the

18

page 32 of 34
 . 1" ~7
a

."
• U! , ';0' r.
Robert SmIth" AustralJan VaccInation Network Inc
* r 'M'
,

aM

From. Robett SmIth

TOI meryl@avn.org,au .
Dlttel 11/08/2.011515$ PM
subj$ctc AustralIan Vaoonatlcin Netwotk Inc
CC~ ClIrJstfne GoWland
Attachmentsl Form A12·Aunual summaty of flnandsf affalrs.pdt

Meryl
. .
I refer to ourdIscussIon thIs afternoon concerning the AGM and oul5\andlng stfttement or Flnandal AffaIrs
\0
F<lrm APia for Australian Vacctnatron Network for the year ended 31 December 2011.
(
You advised that., due to de/lilY In obtaInIng an audit or the Assodattonf ffnanctal statements for tne year
ended 81 Decernber2010, th&Assoetatlon has not yet held ItsAGM. .
The O({Jce ofUquor, GamIng and Racfng has ad~ that, as the Association had Its authority to fbndrafsa
removed In October 2010J It wUf not be requIred to have Its 2010 fInancIal st(tooments aucJlted In accordance
with the NSW Chat1table Fundralsfng Act. . ..
l3a$\'ad on your advrceJ as the total revenue or the Association tor 2010 falls In TIer ~ It Is not r~qtllred to
have Its flnanclal statement$ audited under the ~oclatlol]$ Incorporation Aet 2(l09.
You are remInded that 831 ofthe Associations fnt:orporatroll Act 2009 (the Act) requires that the commltte$
or an assocIation must ensure that an AGM Is held within sIX montbs of the end of Its financial year or w~hfn
sucb further tIme ~$ may be allowed by tbe blre<:lor-General. Ss 47 and 48 of the Act (togetber with the
Associations Regulation) requIre that the commfttee must pr~pare 8 datalfed Income and expenditure
. statement and balance sheet Which gIve ft true and fatr view tor th4 ffnandal year and these must be
pr~ented to an AGM. 849 ot the Act requrres that an aSSOciation must lodge a summary of financial affaIrs
(Porm A1i) withIn one month of an A~M or 7 months ofthe end of the ffnanclal year.
The AssocIatIon Is currnntly fn breach ofthese requIrements ofthe Act for the flnsnclal year ended 31
December 2010.
The Commlttee mustJ as a matter or urgency, ad: to ensure that It compIles wIth the requIrements of the
Act.
Please contact me should you hllV6 any questfons,

Fair
Trading

of . - . . . . . . ., .;" 'A,., ..... • ..,

~ 19

page 33 of 34
 ,:158

Pago 1 \

Robert SmIth" Annual Summary (If Financial AffaIrs Form Al2

I.
'Slt pa+!P¥ . 'PM i 1'''7*'' ., ...
Froml RobettSmltb
To: metYl@avn.org,au
Datal
Subjectf
2/08/201191~4 AM

Annual SUmmary or FInancial Af(arrs Fotm A12

Attftchmenf:s.l ronn A12-Annual 6ummary or tlnandal affalrs.pdf

I
Dear Ms Dorey

i
We not$ th~t AUstralian ValXfnatlon Network Inc has not submltmd Its Mnual Summary tor thtt year ended

31 Dac(!mber 2010. Presumably, the AS$oclatfOn has held its AGM, I

Could you please arrange to submit the Annual statement. Acopy or r4fm A12 rs attached. 'rita neC~$salY

(~are listed on the Form Information,

Please oontactme should you have ShY quesUQOS,

. .~,

"

I
llttt1.
"fl" Fatr
.W. TradlnrJ

'.
, (
.... _/

20

page 34 of 34