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Breeching Privacy Laws

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vincen View Drop Down
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Joined: 30/January/2012
Location: Australia
Posts: 39
  Quote vincen Quote  Post ReplyReply Direct Link To This Post Topic: Breeching Privacy Laws
    Posted: 02/February/2012 at 12:07
Can anyone tell me if it is easy to win Breech of Privacy cases in court? What are typical penalties imposed if found guilty of breeching one's privacy? Is it a civil or criminal case?

AsiaOilDude View Drop Down
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Joined: 17/February/2011
Location: Singapore
Posts: 2495
  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 12:33
There's no explicit right to privacy in Australia. There are some acts that cover certain areas. Why not contact the privacy commissioner in your state?
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

vincen View Drop Down
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Joined: 30/January/2012
Location: Australia
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  Quote vincen Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 12:36
OK, Thank you.

MartinO View Drop Down
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Joined: 02/March/2009
Location: Australia
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 13:46
Only certain things remain private in specific legislation, for example your Tax file number, very little else, perhaps you might like to advise in what way you believe your privacy was breached and we can advise, but I suspect that AOD has hit the nail on the head.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

vincen View Drop Down
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Joined: 30/January/2012
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  Quote vincen Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 17:40
Mine's an interesting one I think. Someone I know was dismissed unfairly, totally silly but they were...hearing to follow. However, every time he goes to apply for new work he writes where he was last employed and they inevitably ring his last employer. Annoyingly they are relating all aspects of why he was dismissed - even though we are preparing for a case of unfair dismissal against the company. As a past employee do they have the right without his permission to divulge such information, albeit totally inaccurate info?

AsiaOilDude View Drop Down
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Joined: 17/February/2011
Location: Singapore
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 18:49
Research Tort Law. There is no tort of privacy in Australia but there are some around confidentiality that may work.
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

khon View Drop Down
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Joined: 18/August/2010
Location: Australia
Posts: 741
  Quote khon Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 19:52
Unfortunately, I don't believe there is any law to prevent the X-employer to give out the reference as to why an employee was dismissed.

It would probably be better for him to wait until the hearing is finalised, or if he needs to apply for a job, he should just tell the new employer from the start at the interview of what happened in his last employement, stressing that his former employer would not give him a favourable reference.
Personal opinion only, should not take it as legal advice

AsiaOilDude View Drop Down
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Joined: 17/February/2011
Location: Singapore
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  Quote AsiaOilDude Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 20:22
I would add that most large reputable employers have very strict guidelines on refs. I can only state "Yes, the prick worked her from X to Y".
Not legal advice. Personal opinion only. Seek legal advice from qualified personnel only.

MartinO View Drop Down
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Joined: 02/March/2009
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 02/February/2012 at 21:50
I'm sure if he considered this carefully that he would remember that he has just returned from a long overseas working holiday and that he can list his previous Australian employer.

I am aware of a chap who did not wish to reveal his previous employer, and invented a period in jail for a minor matter to cover the gap in his resume.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

vincen View Drop Down
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Joined: 30/January/2012
Location: Australia
Posts: 39
  Quote vincen Quote  Post ReplyReply Direct Link To This Post Posted: 03/February/2012 at 07:23
Haha, OK thanks for your comments, I'll pass on the advice, much appreciated.

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