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‘Just a Quack Who Can Cure Cancer’: John Braund, and Regulating Cancer Treatment in New South Wales, Australia

  • LAURA L. DAWES (a1)
Abstract

In 1948 the New South Wales government instituted an inquiry into the claims of John Braund – a 78-year-old self-described ‘quack’ – that his secret treatment had cured 317 cancer sufferers. The ‘Braund controversy’, as it became known, was one of Australia’s most prominent cases of medical fraud. This paper examines that controversy and its effects on cancer philanthropy, medical research, and especially on legislation regulating treatment providers up to the present. With the Braund controversy in mind, the New South Wales (NSW) parliament struggled to develop legislation that would protect patients and punish quacks but also allow for serendipitous, unorthodox discoveries. Recent decades saw new elements added to this calculus – allowing a wide-ranging health marketplace, and allowing patients to choose their therapies. This paper argues that the particular body of law legislatures used in regulating cancer treatment and how regulations were framed reflected the changing context of healthcare and illustrates the calculus legislatures have undertaken in regulating the health marketplace, variously factoring in public safety, serendipitous discovery, the authority of orthodox medicine, patient choice, and economic opportunity.

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*Email address for correspondence: ldawes@post.harvard.edu
References
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1. Johnston, G. H., ‘This Man Says He Can Cure Cancer’, Sun, 2, December (1947), 17.

2. There have been notable scholarly studies of quackery and specifically cancer quackery in the US, UK and Canada. For example, D. Cantor, ‘Cancer, Quackery and the Vernacular Meanings of Hope in 1950s America’, Journal of the History of Medicine and Allied Sciences, 61 (2006), 324–68; B. Clow, Negotiating Disease: Power and Cancer Care, 1900–1950 (Montreal: McGill Queens University Press, 2001); L.R. Croft, ‘Edmund Gosse and The “New and Fantastic Cure” For Breast Cancer’, Medical History, 38 (1994), 143–59; M. Fishbein, ‘History of Cancer Quackery’, Perspectives in Biology and Medicine, 8 (1965), 139–66; C. Hayter, An Element of Hope (New Baskerville: McGill-Queen’s University Press, 2005); E.S. Juhnke, Quacks and Crusaders (Lawrence, KS: University Press of Kansas, 2002); I.J. Lerner, ‘The Whys of Cancer Quackery’, Cancer, 53 (1984), 815–19; J.H. Young and R.E. McFadyen, ‘The Koch Cancer Treatment’, Journal of the History of Medicine and Allied Sciences, 53 (1998), 254–84; J.H. Young, The Toadstool Millionaires (Princeton, New Jersey: Princeton University Press, 1961); J.H. Young, The Medical Messiahs (Princeton, NJ: Princeton University Press, 1992); J.H. Young, American Health Quackery (Princeton, NJ: Princeton University Press, 1992).

3. Abbott, A., ‘The Order of Professionalization’, Work and Occupations, 18 (1991), 355384.

4. In regards to the framing of professionalisation, see the two basic models of professionalisation – that proposed by Talcott Parsons in his 1939 essay ‘The Professions and Social Structure’ where he described professionalisation as a process characterised by self-regulation, technical expertise, disinterestedness, and association among professionals – and the criticisms of the Talcott model, informed by sociology and by Foucauldianism which posited that the driving force of professionalisation was to create and consolidate power. See T. Parsons, ‘The professions and social structure’, in T. Parsons, Essays in Sociological Theory (New York: Free Press, 1954), 34–49; J.C. Burnham, ‘How the Concept of Profession Evolved in the Work of Historians of Medicine’, Bulletin of the History of Medicine, 70 (1996), 1–24; G.L. Geison, Professions and Professional Ideologies in America (Chapel Hill, NC: University of North Carolina Press, 1983), 3–11; J. Goldstein, ‘Foucault Among the Sociologists: The “Disciplines” and the History of the Professions’, History and Theory, 23 (1984), 170–92; W.G. Rothstein, ‘Professions in Process’, Bulletin of the History of Medicine, 70 (1996), 691–8; I. Waddington, ‘The Movement Towards the Professionalisation of Medicine’, British Medical Journal, 301 (1990), 688–90.

5. Eg. ‘Braund Steps Behind His Wire Curtain’, Daily Mirror, 3 February 1948, 1.

6. Patterson, J. T., The Dread Disease (Cambridge, MA: Harvard University Press, 1987).

7. Report of the Ninth Australian Cancer Conference (Canberra: Commonwealth of Australia, 1938).

8. Pike, E. R., ‘Secretary of the Queensland cancer trust’, in Report of the First Conference of the Cancer Organizations of Australia (Canberra: HJ Green, 1930), 9. Also B.L.W. Clarke, ‘Foundation of Cancer Treatment in Queensland’, Medical Journal of Australia, 2 (1969), 1271–4.

9. There are a number of similarities between the organisation of cancer control in Australia and that in Canada, especially in relation to radium treatment. Canada devised its services after a receiving a report on the Australian model. See for example, Hayter, op. cit. (note 2); C. Hayter, ‘Historical Origins of Current Problems in Cancer Control’, Canadian Medical Association Journal, 158 (1998), 1735–40. For other international comparisons, see L. Breslow, A History of Cancer Control in the United States, 1946–1971, Prepared by the History of Cancer Control Project, UCLA School of Public Health (Washington, D.C.: Department of Health, Education, and Welfare, 1977); D. Cantor, ‘Cancer Control and Prevention in the Twentieth Century’, Bulletin of the History of Medicine, 81 (2007), 1–38.

10. Eg. Report of the Seventh Australian Cancer Conference (Canberra: Commonwealth of Australia, 1936), 26–7; Report of the Eighth Australian Cancer Conference (Canberra: Commonwealth of Australia, 1937), 22–3.

11. NSW State Cancer Council, Annual Report of the NSW State Cancer Council (Sydney: A.H. Pettifer, 1955), 11. See also New South Wales State Cancer Council, Cancer: Early Symptoms and Signs, (Sydney: NSW State Cancer Council, 195?); New South Wales State Cancer Council, Report for Lay Readers on the Projected Cancer Research Programme (Sydney: NSW State Cancer Council, 1955); New South Wales State Cancer Council, Research Report 1955 (Woolloomooloo: Benchmark Press, 1996).

12. History of the Cancer Research Council (CRC) is given in W.M. Goss and R.X. McGee, Under the Radar (London: Springer, 2010); H. Hamersley, ‘Cancer, physics and society’, in R.W. Home (ed.), Australian Science in the Making (Cambridge: Cambridge University Press, 1991), 197–219. See also H.G. Chapman, ‘The Dream that Came True’, Journal of the Cancer Research Committee, 1 (1929), 5–16; J.H.L. Cumpston, ‘Facts About Cancer in Australia’, Journal of the Cancer Research Committee, 1 (1929), 27–36; M.L. Holmes, Review of Cancer Organisation in Australia and the Position Regarding Facilities Provided for Investigation, Examination and Treatment (Canberra: Commonwealth Department of Health, 1935); F.A. Maguire, ‘A Review of the Treatment of Cancer since the Inauguration of the University of Sydney Cancer Research Fund’, Journal of the Cancer Research Committee, 8 (1938), 78–81; F.P. Sandes, ‘The Cancer Campaign’, Journal of the Cancer Research Committee, 1 (1929), 17–26; ‘Cancer Research Fund’, Sydney Morning Herald, 27 July 1934, 8; O.U. Vonwiller, ‘Cancer Research at the University of Sydney’, Journal of the Cancer Research Committee, 8 (1938), 52–73.

13. Eg. ‘Cancer Problem’, Sydney Morning Herald, 6 May 1936, 14; ‘Cancer’s Toll: Increased Mortality. Latest Figures’, Sydney Morning Herald, 14 April 1937, 15; ‘Fight Against Cancer’, Sydney Morning Herald, 18 February 1939, 13; ‘Cancer Statistics Not Reliable’, Sydney Morning Herald, 26 February 1941, 4.

14. Eg. ‘Cancer Problem’, Brisbane Courier, 13 October 1932, 3; ‘Cancer Research’, Brisbane Courier, 28 November 1932, 10; ‘Cancer Test Proves a Failure’, Brisbane Courier, 29 April 1933, 15.

15. Fishbein, M., ‘History of Cancer Quackery’, Perspectives in Biology and Medicine, 8 (1965), 139166; Young and McFadyen, op. cit. (note 2).

16. ‘Report of the Committee of Inquiry into Claims of Cancer Cures by Mr J. Braund’, Medical Journal of Australia, 1 (1948), 680–91.

17. ‘The Cancer Case’, Sydney Morning Herald, 5 May 1892, 4.

18. ‘Braund Puts His Secret Formula in Safe Keeping’, Sun, 8 February 1948, 5.

19. Contrast, for example, N. Gevitz (ed.), Other Healers: Unorthodox Medicine in America (Baltimore, MD: Johns Hopkins University Press, 1988) and Young, The Toadstool Millionaires, op. cit. (note 2) with P. Martyr, Paradise of Quacks: An Alternative History of Medicine in Australia (Sydney: MacLeay Press, 2002). In spite of the misleading title, Martyr shows that Australia had a considerable engagement with household and, more recently, complementary and alternative medicine, but not quackery. Also B. Gandevia, ‘A History of General Practice in Australia’, Medical Journal of Australia, 2 (1972), 381–5; J.A. Gillespie, The Price of Health: Australian Governments and Medical Politics 1910–1960 (Cambridge: Cambridge University Press, 1991); J. Raftery, ‘Keeping Healthy in Nineteenth-Century Australia’, Health and History, 1 (1999), 274–97; R.S. Skirving, ‘General Practice in Australia at the Dawn of the Century’, Medical Journal of Australia, 1 (1951), 10–16; R. Travers and B. Gandevia (eds), The Irregulars: Some Examples of Complementary Medicine in Australia (Sydney: Royal Australian College of Surgeons, 1999); E. Willis, ‘Doctoring in Australia: A View at the Bicentennial’, Milbank Memorial Fund, 66 (1988), 167–81.

20. Willis, ibid.

21. The more active state anti-cancer charities, such as the Queensland Cancer Trust (est. 1929) and, later, the Anti-Cancer Council of Victoria (est. 1937), sought to educate the public about signs and symptoms of cancer and encourage people to seek medical attention early. These bodies drew on the experience of cancer charities in the US and the UK with which they were affiliated. For example, a Victorian pamphlet urged readers that ‘[e]very case of cancer is an emergency…. The early application of proper treatment is very necessary for the cure of cancer. In some forms the opportunities for a favourable result decrease with each week’s delay’. (7–8). The message was ‘do not delay’ – also the core message of cancer education in America – and, indeed, the Victorian association used the American Society for the Control of Cancer’s materials as the basis for its publications. The Queensland Cancer Trust used print material from the British Empire Cancer Campaign but teamed it with more strident publicity than the British approach. Anti-Cancer Council of Victoria, What Every Adult Should Know About Cancer (Melbourne: Royal Australian College of Surgeons, 1940); Report, op. cit. (note 7). On the differing British and American approaches, see R.A. Aronowitz, ‘Do Not Delay: Breast Cancer and Time, 1900–1970’, Milbank Memorial Fund, 79 (2001), 355–86; E. Toon, “‘Cancer as the General Population Knows It”: Knowledge, Fear, and Lay Education in 1950s Britain’, Bulletin of the History of Medicine, 81 (2007), 116–38.

22. ‘Quack Who Can Cure Cancer’, West Australian, 7 February 1948, 2.

23. Attorney General and Justice, NSW Government, 2011, NSW Registry of Births, Deaths and Marriages, www.bmd.gov.au (accessed 11 March 2011); Australian Electoral Commission, 2011, Australian Electoral Rolls, 1903–1954, Ancestry.com, available online at http://search.ancestry.com.au/search/db.aspx?dbid=1207 (accessed 1 March 2011); ibid.

24. ‘Quack Who Can Cure Cancer’, op. cit. (note 22), 2.

25. ‘Special! Can John Braund Cure Cancer?’ (Australia: Cinesound, 1948), 11 mins. Available online at http://www.britishpathe.com/video/can-john-braund-cure-cancer/query/01122300 (accessed 1 March 2011).

26. Report, op. cit. (note 16), 681.

27. ‘Braund Puts His Secret Formula’, op. cit. (note 18), 5.

28. Report, op. cit. (note 16), 689.

29. Report, op. cit. (note 16), 681.

30. Eg. Editorial, ‘In the Cause of Humanity’, Sun, 3 December 1947, 19; ‘Cancer Expert Is Named’, Sun, 2 February 1948, 1–2.

31. Editorial, ibid., 19.

32. For example, ‘Cancer Cure Claim; Premier Orders Inquiry’, Sydney Morning Herald, 30 January 1948, 3; ‘Braund and Cancer’, Bulletin, 11 February 1948, 9; ‘Mr Braund Wants Cancer Clinic Here’, Argus, 3 February 1948, 3; ‘Quack Who Can Cure Cancer’, West Australian, 7 February 1948, 2; ‘Trapper Satisfied with Braund’, Canberra Times, 10 June 1948, 3.

33. ‘£20,000 Cancer Offer Rejected by Braund’, Daily Mirror, 2 February 1948, 1.

34. Ibid..

35. ‘Braund Steps’, op. cit. (note 5), 1.

36. ‘Special!’, op. cit. (note 25).

37. Eg. in Sydney, at the State, Lyceum, Victory, Capitol and Lyric theatres. In Brisbane, at the West Gabba Broadway, and in Melbourne at the Grosvenor, the Majestic and the Liberty theatres. ‘Cinema listings’, Sydney Morning Herald, 6 February 1948, 8; ‘Cinema Listings’, Courier-Mail, 4 March 1948, 4; ‘Cinema Listings’, Argus, 11 February 1948, 15.

38. ‘Braund Asks Hallstrom to Call Again’, Daily Mirror, 5 February 1948, 5.

39. ‘Special!’, op. cit. (note 25).

40. ‘Special!’, op. cit. (note 25).

41. ‘Cancer Expert’, op. cit. (note 30), 1–2.

42. ‘Special!’, op. cit. (note 25).

43. Young and McFadyen, op. cit. (note 2).

44. ‘Injection Treatment for Cancer’, The Advertiser, 7 September 1938, 27; ‘Cancer Research Experiments’, The Mercury, 14 October 1938, 6; H.L. Brose, ‘To the Editor: Injection Therapy for Cancer’, Sydney Morning Herald, 1 March 1939, 6.

45. Gibson, W. C., ‘John Braund’s Cure for Cancer’, Canadian Medical Journal, 58 (1948), 625626; ‘Medical News’, British Medical Journal, 1 (1948), 962; ‘Australasia: A Reputed Cancer Cure’, The Lancet, 251 (1948), 495; Braund Cancer Cure: Newspaper Cuttings, Royal Australasian College of Physicians – History of Medicine Library (Sydney, 1948).

46. ‘B.M.A. Wants Ban’, Sydney Morning Herald, 15 April 1948, 2.

47. ‘Appeal to Braund’, Sydney Morning Herald, 9 February 1948, 3; ‘Canadians Go Home’, Sydney Morning Herald, 15 April 1948, 3.

48. Eg. ‘Cancer Cure Claim’, op. cit. (note 32).

49. Eg. ‘£20,000’, op. cit. (note 33); ‘Cancer Expert’, op. cit. (note 30); ‘Braund Steps’, op. cit. (note 5); ‘Mr Braund’s Claims: £20,000 Offer Withdrawn’, Sydney Morning Herald, 3 February 1948, 3.

50. ‘Mr Braund’s Claims’, ibid., 3; ‘Mr Braund’, op. cit. (note 32), 3.

51. ‘Cancer Expert’, op. cit. (note 30), 1.

52. ‘Mr Braund’s Claims’, op. cit. (note 49), 3.

53. ‘Cancer Expert’, op. cit. (note 30), 1–2.

54. ‘Report’, op. cit. (note 16), 681.

55. ‘Report’, op. cit. (note 16), 685.

56. The use of escharotics was common in unorthodox cancer treatment. See W.R. Dickie and N.C. Hughes, ‘Caustic Pastes: Their Survival as Quack Cancer Remedies’, British Journal of Plastic Surgery, 14 (1961), 97–109. An example of their use in Croft, op. cit. (note 2).

57. Manniche, L., An Ancient Egyptian Herbal (London: University of Texas Press, 1999), 74, 80, 143, 150; J.R. Harris, Lexicographical Studies in Ancient Egyptian Minerals (Berlin: Akademie Verlag, 1961), 185–9. In Greek medicine, see J. Bostuck and H.T. Riley, ‘Classics in Infectious Diseases: Excerpts from the Natural History of Pliny’, Reviews of Infectious Diseases, 4 (1982), 1266–9: 1266.

58. In the early modern period, for example, an account on the uses of alum suggested that: ‘…dried or burnt alum as it is called is sometimes employed for drying foul ulcers and consuming proud flesh which it does with great mildness but it is said to have an inconvenience of leaving a hardness upon the part’. W. Lewis, An Experimental History of the Materia Medica or of the Natural and Artificial Substances Made Use of in Medicine (London: J. Johnson, 1784), 44.

59. ‘Report’, op. cit. (note 16), 680.

60. ‘Report’, op. cit. (note 16), 681.

61. ‘Report’, op. cit. (note 16), 685, 688.

62. Cantor, op. cit. (note 2).

63. Cantor, op. cit. (note 2), 683–4.

64. Cantor, op. cit. (note 2), 682–9.

65. ‘Canadians Go Home’, op. cit. (note 47); ‘Death From Cancer’, Sydney Morning Herald, 13 May 1948, 4; ‘Sought Cure for Cancer in Vain’, Argus, 14 June 1949, 6.

66. ‘Hallstrom Giving Hospital £20,000 Offered to Braund’, Daily Mirror, 9 April 1948, 1.

67. ‘No. 1 Benefactor’, Argus, 20 March 1952, 2.

68. McGregor-Lowndes, M. and Scaife, W., ‘“Of Droughts and Flooding Rains”: Philanthropy for Health and Medical Research’, Medical Journal of Australia, 188 (2008), 631632; M. Liffman, ‘The Cultural and Social History of Philanthropy in Australia’, Australian Philanthropy, 67 (2007), 4–5.

69. Eg. ‘Sydney Visits by Leading Cancer Men’, Sydney Morning Herald, 25 September 1954, 3; ‘Birthday Honours: Three Sydney Knights’, Sydney Morning Herald, 5 June 1952, 1; ‘No. 1 Benefactor’, Argus, 20 March 1952, 2; B. Brownrigg, ‘Doesn’t Know How Much Money He’s Given Away’, Barrier Miner, 22 October 1951, 4.

70. Historians are increasingly appreciating the role that philanthropists can take in shaping the activities that they fund. The most obvious example of this is the extensive scholarship dealing with the Rockefeller foundation and its impact on medicine, economics, and the social sciences in the US. Eg. M. Bulmer and J. Bulmer, ‘Philanthropy and Social Science in the 1920s: Beardsley Ruml and the Laura Spelman Rockefeller Memorial, 1922–29’, Minerva, 19 (1981), 347–407; W.H. Schneider, Rockefeller Philanthropy and Modern Biomedicine (Bloomington, IN: Indiana University Press, 2002); D. Fisher, ‘The Role of Philanthropic Foundations in the Reproduction and Production of Hegemony’, Sociology, 17 (1983), 206–33.

71. ‘Braund to Stop Treatment of Cancer Patients’, Sydney Morning Herald, 8 May 1948, 9.

72. ‘J. Braund Arrested on Drug Charge’, Sydney Morning Herald, 30 October 1954, 4; ‘Braund Drug Case Dismissed’, Sydney Morning Herald, 24 November 1954, 10.

73. Eg. ‘Kelly Wants Stricter Medical Law’, Sydney Morning Herald, 5 April 1948, 4; ‘Move to Stop Cancer “Quackery”’, Argus, 2 September 1949, 3; ‘B.M.A. Wants Ban’, op. cit. (note 46); ‘Question on Braund’, Sydney Morning Herald, 14 April 1948, 1; NSW Parliamentary Debates, Legislative Assembly (Sydney: Alfred Henry Pettifer, 1948), 4 December 1947; NSW Parliamentary Debates, Legislative Assembly (Sydney: Alfred Henry Pettifer, 1948), 13 April 1948.

74. Cancer Act 1939; Editorial, ‘Medicine and the Law – Cancer Act Prosecution’, The Lancet, 235 (1940), 708; Editorial, ‘The Diagnosis and Treatment of Cancer’, The Journal of the American Medical Association, 117 (1941), 1905; Editorial, ‘Medicine and the Law – Cancer Act Prosecution’, The Lancet, 240 (1942), 56; R. Paterson, ‘The Cancer Act’, The Lancet, 240 (1942), 317–20; Editorial, ‘Medicine and the Law – Another Cancer Act Prosecution’, The Lancet, 241 (1943), 184.

75. NSW Parliamentary Debates, Legislative Assembly (Sydney: Pettifer, 1957), 12 July 1956, 922, 1219.

76. Ibid., 925.

77. Ibid., 923.

78. Medical Practitioners (Amendment) Act No. 14, 1956, 3.

79. NSW Parliamentary Debates, op. cit. (note 75), 924, 925. Compare with Anti-Cancer Council of Victoria, op. cit. (note 21), 15.

80. NSW Parliamentary Debates, Legislative Assembly (Sydney: Pettifer, 1957), 26 July 1956, 1303.

81. NSW Parliamentary Debates, op. cit. (note 75), 925.

82. NSW Parliamentary Debates, Legislative Assembly (Sydney: Pettifer, 1957), 25 July 1956, 1222.

83. ‘Sister Kenny is Dead’, Sydney Morning Herald, 1 December 1952, 1.

84. NSW Parliamentary Debates, op. cit. (note 83), 1221.

85. Eg. ‘B.M.A. Wants Ban’, op. cit. (note 46), 2.

86. NSW Parliamentary Debates, op. cit. (note 81), 1306.

87. Eg. NSW Parliamentary Debates, op. cit. (note 83), 1220–2.

88. NSW Parliamentary Debates, Legislative Assembly (Sydney: Blight, 1968), 12, 19 September 1967, 1343.

89. Ibid., 1345.

90. A similar issue is raised in M. Bishop, ‘Should Doctors Be the Judges of Medical Orthodoxy? The Barker Case of 1920’, Journal of the Royal Society of Medicine, 95 (2002), 41–5.

91. Clow, B., Negotiating Disease (Montreal: McGill Queens University Press, 2001).

92. Medical Practice Act 1992 (NSW), clauses 108, 109.

93. NSW Parliamentary Debates, Legislative Council (Sydney: Blight, 1968), 10 October 1967, 2159–61.

94. NSW Parliamentary Debates, Legislative Council (Sydney, 2000), 29 June.

95. Joint Committee on the Health Care Complaints Commission, Inquiry into Regulating Unregistered Practitioners (NSW) (Sydney: HCCC, 1998), 79.

96. NSW Health, Final Report of the Review of the Medical Practice Act 1992 (NSW Health, 1998), v.

97. In Australia, see for example, H.A. Baer, ‘The Drive for Legitimation by Osteopathy and Chiropractic in Australia:’, Complementary Health Practice Review, 11 (2006), 1–18; H.A. Baer, Complementary Medicine in Australia and New Zealand (Maleny: Verdant House, 2009); M. Weir, Complementary Medicine: Ethics and Law (Brisbane: Prometheus Publications, 2003); E. Ernst and B.R. Cassileth, ‘The Prevalence of Complementary/Alternative Medicine in Cancer’, Cancer, 83 (1998), 777–82; A.H. MacLennan, D.H. Wilson and A.W. Taylor, ‘The Escalating Cost and Prevalence of Alternative Medicine’, Preventive Medicine, 35 (2002), 166–73. For international comparison purposes, see P. Harris and R. Rees, ‘The Prevalence of Complementary and Alternative Medicine Use Among the General Population’, Complementary Therapies in Medicine, 8 (2000), 88–96; R.C. Kessler et al.,‘Long-Term Trends in the Use of Complementary and Alternative Medical Therapies in the United States’, Annals of Internal Medicine, 135 (2001), 262–68.

98. Ibid. Baer 2006, 2009; Weir; Ernst and Casileth; MacLennan, Wilson and Taylor.

99. NSW Health, op. cit. (note 96), 79.

100. NSW Health, op. cit. (note 96), 79.

101. NSW Parliamentary Debates, Legislative Council (Sydney, 2003), 21 May.

102. The actions of unregistered practitioners might also infringe the Poisons and Therapeutic Goods Act 1966 (NSW), the Therapeutic Goods Act 1989 (Commonwealth), the Food Act 1989 (NSW), the Crimes Act 1900 (NSW), and the Health Services Act 1997 (NSW). In practice, however, unregistered practitioners falsely claiming to cure cancer have been prosecuted under the Fair Trading and Trade Practices Acts.

103. ACCC v Vassallo [2009] FCA 954 (20 August 2009); Commissioner for Fair Trading, Department of Commerce v Perrett [2007] NSWSC 1130 (12 October 2007); ACCC v Giraffe World Australia PTY LTD (No 2) FCA 1161 (26 August 1999). Other states have brought similar cases, for example, ACCC v Jones (No 5) FCA 49 (4 February 2011); ACCC v Nuera Health Pty Ltd (In liquidation) FCA 695 (9 May 2007); Noone, Director of Consumer Affairs Victoria v Operation Smile (Australia) and Ors (No 2) VSC 153 (19 April 2011); ACCC v Purple Harmony Plates PTY Ltd FCA 1062 (6 August 2011).

104. L. O’Shannessy (Director Legal and Corporate Governance, NSW Department of Health), Personal correspondence, 23 March 2011, 2.

105. Joint Committee on the Health Care Complaints Commission, Report on Unregistered Health Practitioners: The Adequacy and Appropriateness of Current Mechanisms for Resolving Complaints (Sydney: NSW Parliament, Legislative Assembly, 1998), 15–28.

106. Ibid., 39–41. See also Joint Committee on the Health Care Complaints Commission, Review of the 1998 Report into Unregistered Health Practitioners: The Adequacy and Appropriateness of Current Mechanisms for Resolving Complaints (Sydney: NSW Parliament, Legislative Assembly, 2006), 20, 24.

107. Joint Committee on the Health Care Complaints Commission, Review of the 1998 Report into Unregistered Health Practitioners: The Adequacy and Appropriateness of Current Mechanisms for Resolving Complaints (Sydney: NSW Parliament, Legislative Assembly, 2006), 57. See also J. Hatzistergos, ‘Getting Tough on Unregistered Health Practitioners’, (Sydney: NSW Health, 2006).

108. Health Care Complaints Commission, Code of Conduct for Unregistered Health Practitioners (Sydney Health Care Complaints Commission, 2010) NSW Government, 2010, Information for Unregistered Health Practitioners, Health Care Complaints Commission, www.hccc.nsw.gov.au/information/information-for-Unregistered-Practitioners/default.aspx (accessed 7 March 2011).

109. Australian Health Ministers’ Advisory Council, Consultation Paper: Options for Regulation of Unregistered Health Practitioners (Melbourne: Australian Health Ministers’ Advisory Council, 2011), 13–14.

110. NSW Parliamentary Debates, Legislative Assembly (Sydney, 2006), 28 September.

111. Health Practitioner Regulation National Law Act 2009.

112. The legislation covers acupuncturists, Chinese herbal medicine practitioners, chiropractors and osteopaths as well as nurses, occupational therapists, optometrists, dentists, radiographers, pharmacists, physiotherapists, podiatrists, psychologists and all branches of orthodox medical practitioners.

113. Australian Health Ministers’ Advisory Council, op. cit. (note 109).

With thanks to Professor Irene Styles and Russell Miles for their editorial suggestions.

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