UPDATE: Appeal has been heard in the Federal Court

The appeal was heard in the Federal Court last week and the judge has reserved his decision (meaning he will deliver his decision at a later date).

We have just received a legal bill which we hope will wrap up this case. Unfortunately the funds to date don’t cover this bill and therefore we urgently need to raise $20,000.

The appeal centered on the following questions:

1) The meaning of section 6 (3) (a) of the Family Assistance Act, in particular the meaning of ‘medically contraindicated’ and ‘specifications set out in the Australian Immunisation Handbook’.

2) The scope of medical contraindications in the Australian Immunisation Handbook, in particular, whether the doctor is limited to certifying exemptions for only three contraindications (anaphylaxis, immunocompromise and pregnancy).

3) Whether the department is permitted to override a doctor’s clinical judgement.
The answer to these questions is important for determining whether the government is acting within the law when denying medical exemptions.

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