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HAL 

Please don't shout at me - I can't help it.


Joined: 17 Mar 2003


PostPosted: Wed Aug 22, 2018 10:38 pm
Post subject: Reply with quote

No, this is real life.
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K 



Joined: 09 Sep 2011


PostPosted: Sat Aug 25, 2018 2:26 am
Post subject: Reply with quote

K wrote:
K wrote:
...
"When referring the complaint to police last week, [Shadow Attorney-General] Ms Haddad said Mr Ferguson may have breached the Personal Information Protection Act.
...
A police spokeswoman said no investigation into Ms Haddad's complaint was warranted because the substance of the complaint did not constitute a criminal offence."


http://www.abc.net.au/news/2018-08-16/police-rule-out-minister-probe-cricket-australia-abortion/10128054
...

The Victorian equivalent is presumably the Privacy and Data Protection Act 2014. [I'll assume for the moment that they are very similar.]
...

"A contravention of this Act does not create any criminal liability except to the extent expressly provided by this Act."
[It made me curious when the spokeswoman was quoted as saying "the substance of the complaint did not constitute a criminal offence". What does a contravention of an act constitute? Is this just a matter of categorization, as in "misdemeanor" vs. "felony", etc.?]

[Again, I'm just looking at the Vic. Act, not the Tas. Act.]

S. 57 of the Privacy and Data Protection Act says:
"(1) An individual in respect of whom personal information is, or has at any time been, held by an organisation may complain to the Commissioner, in writing, about an act or practice that may be an interference with the privacy of the individual."

S. 73 says:
"VCAT may hear any of the following—
(a) a complaint referred to it by the Commissioner under section 62, 66 or 71;
(b) a complaint referred to it by the Minister under section 65."


In the definitions:
"Commissioner means the Commissioner for Privacy and Data Protection appointed under section 96."


I guess those bits do suggest that this is not something that can be referred to the police. (Why, then, did the Shadow Attorney-General do that?)
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K 



Joined: 09 Sep 2011


PostPosted: Mon Aug 27, 2018 8:36 am
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The (Vic.) Privacy and Data Protection Act gives the definition:

"personal information means information or an opinion (including information or an opinion forming part of a database), that is recorded in any form and whether true or not, about an individual whose identity is apparent, or can reasonably be ascertained, from the information or opinion, but does not include information of a kind to which the Health Records Act 2001 applies..."

Is this a case of information of a kind to which the Health Records Act 2001 applies? [I continue to pretend that Vic. & Tas. are the same.]

S.10 of the (Vic.) Health Records Act 2001 states:

"This Act applies to—
(a) a Minister;
(b) a Parliamentary Secretary, including the Parliamentary Secretary of the Cabinet;
(c) a member of the Parliament of Victoria;
(d) a public sector agency;
(e) a Council;
(f) a body established or appointed for a public purpose by or under an Act;
(g) a body established or appointed for a public purpose by the Governor in Council, or by a Minister, otherwise than under an Act;
(h) a person holding an office or position established by or under an Act or to which he or she was appointed by the Governor in Council, or by a Minister, otherwise than under an Act;
(i) a court or tribunal;
(j) the police force of Victoria;
(k) a denominational hospital within the meaning of the Health Services Act 1988;
(l) a privately operated hospital within the meaning of the Health Services Act 1988;
(m) any other body that is declared, or to the extent that it is declared, by an Order under subsection (2) to be an organisation for the purposes of this subsection—
that is a health service provider or collects, holds or uses health information."


...

In any event, the procedures and penalties seem very similar for the two Acts...


Last edited by K on Sat Sep 01, 2018 1:40 am; edited 2 times in total
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HAL 

Please don't shout at me - I can't help it.


Joined: 17 Mar 2003


PostPosted: Mon Aug 27, 2018 8:40 am
Post subject: Reply with quote

If I am ever looking for the definition [he or she][b]personal information[b] means information or an opinion including information or an opinion forming part of a database that is recorded in a form and whether true or not about an individual whose identity is apparent or can be ascertained from the information or opinion but [b]does not include information of a kind to which the Health Records Act 2001 applies[b], I will ask him
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K 



Joined: 09 Sep 2011


PostPosted: Wed Aug 29, 2018 1:12 am
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K wrote:
The (Vic.) Privacy and Data Protection Act ...
[T]he (Vic.) Health Records Act 2001 ...
...
In any event, the procedures and penalties seem very similar for the two Acts...


For example, S. 57 "Complaints" (p.54) of the former is very similar to S. 45 "Complaints" (p.45) of the latter.

e.g.
"(1) An individual in respect of whom personal information is, or has at any time been, held by an organisation may complain to the Commissioner, in writing, about an act or practice that may be an interference with the privacy of the individual."
vs.
"(1) An individual may complain to the Health Services Commissioner about an act or practice that may be an interference with the privacy of the individual."
...
"(5/7) The complaint must specify the respondent to the complaint."
is identical.
...


Okay, here's a difference.

S. 62 of the former:

"(1) The Commissioner may decline to entertain a complaint made under section 57(1) by notifying the complainant and the respondent in writing to that effect within 90 days after the day on which the complaint was lodged if the Commissioner considers that—
...
(b) the act or practice is subject to an applicable code of practice and all appropriate mechanisms for seeking redress available under that code have not been exhausted; or
(c) although a complaint has been made to the Commissioner about the act or practice, the complainant has not complained to the respondent; or
(d) the complaint to the Commissioner was made more than 45 days after the complainant became aware of the act or practice; or ..."


S. 51 of the latter:

"(1) The Health Services Commissioner may decline to entertain a complaint made under section 45(1) by notifying the complainant and the respondent in writing to that effect within 90 days after the day on which the complaint was lodged if the Health Services Commissioner considers that—
...
(c) although a complaint has been made to the Health Services Commissioner about the act or practice, the complainant has not complained to the respondent; or
(d) the complaint to the Health Services Commissioner was made more than 12 months after the complainant became aware of the act or practice; or ..."



Different time frame, it seems. But what if, in the former, carrying out (b) and (c) delays your complaint more than 45 days? The respondent could be deliberately stalling. [I guess you just tell the Commissioner that.]
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K 



Joined: 09 Sep 2011


PostPosted: Sat Sep 01, 2018 1:54 am
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And S. 77 of the Privacy and Data Protection Act is very similar to S. 78 of the Health Records Act, which says:

"(1) After hearing the evidence and representations that the parties to a complaint desire to adduce or make, the Tribunal may—
(a) find the complaint or any part of it proven and make any one or more of the following orders—
...
(ii) an order restraining the respondent, or the organisation of which the respondent is the committee of management, from repeating orcontinuing any act or practice the subject of the complaint which the Tribunal has found to constitute an interference with the privacy of an individual;
(iii) an order that the respondent perform or carry out any reasonable act or course of conduct to redress any loss or damage suffered by the complainant, including injury to the complainant's feelings or humiliation suffered by the complainant, by reason of the act or practice the subject of the complaint;
(iv) an order that the complainant is entitled to a specified amount, not exceeding $100 000, by way of compensation for any loss or damage suffered by the complainant, including injury to the complainant's feelings or humiliation suffered by the complainant, by reason of the act or practice the subject of the complaint; or
(b) find the complaint or any part of it proven but decline to take any further action in the matter; or
(c) find the complaint or any part of it not proven and make an order that the complaint or part be dismissed; or
(d) in any case, make an order that the complainant is entitled to a specified amount to reimburse the complainant for expenses reasonably incurred by the complainant in connection with the making of the complaint and the proceedings held in respect of it under this Act."

...


[Question: Can the complainant go directly to the Tribunal, or must the case be referred by the Commissioner??]
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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
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PostPosted: Sat Sep 01, 2018 9:57 am
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The Privacy commission will try to conciliate an outcome. If that doesn't work then the complainant can request the commissioner to refer it to VCAT.

https://ovic.vic.gov.au/privacy/for-the-public/complaints/

_________________
Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down.
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K 



Joined: 09 Sep 2011


PostPosted: Tue Sep 04, 2018 11:14 pm
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Following links from the link Stui gave above, we see this:

"If it is appropriate in the circumstances, we will try to conciliate. Conciliation may be conducted indirectly (where the parties communicate with each other through us), over the phone, or at a face to face meeting. We will decide on the best approach to conciliation in each case. ...

In some cases, we might decline to entertain your complaint. For example, if we think that the act or practice you have complained about does not breach the IPPs, or if we think that the organisation has already dealt adequately with your complaint.

If we think conciliation is inappropriate or has failed, or if we decline to entertain your complaint, we’ll let you know. If this happens, you can have the complaint referred to the Victorian Civic and Administrative Tribunal (VCAT) for hearing."



https://ovic.vic.gov.au/privacy/for-the-public/complaints/what-happens-when-you-make-a-complaint/


"Where the Commissioner decides that:

a complaint should be declined under section 62(1) of the Privacy and Data Protection Act 2014;
conciliation is not possible or is otherwise inappropriate; or
conciliation has been attempted, but has failed to result in an agreement
the complainant (person making the complaint) and respondent (organisation that is the subject of the complaint) will be given notice of that decision in writing.

A complainant has the right to require the Commissioner to refer his or her complaint to the Victorian Civil and Administrative Tribunal (VCAT) for a determination. This right must be exercised within 60 days of the complainant receiving notice of the Commissioner’s decision."



https://ovic.vic.gov.au/privacy/privacy-complaints-at-vcat/

[Also at the last link:

"The general rule is that each party pay their own costs of the proceedings irrespective of the result. However in some cases, VCAT may make an order that the unsuccessful party pay some or all of the legal costs of the successful party.

All costs and compensation awarded to a party shall be a debt due to that party and recoverable by legal action."
]
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K 



Joined: 09 Sep 2011


PostPosted: Sun Sep 16, 2018 3:59 am
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Cricket Australia settles case with woman sacked over abortion tweets

https://www.theage.com.au/sport/cricket/cricket-australia-settles-case-with-woman-sacked-over-abortion-tweets-20180914-p503vp.html

Quote:
...
"Ms Williamson had lodged her case with the Federal Court last month, with court documents revealing explosive allegations about Tasmanian Premier Will Hodgman's involvement in the sacking. However, Cricket Australia said on Friday the matter had been settled.
...

In the documents lodged with the Federal Court, Ms Williamson had alleged that Cricket Tasmania had determined her role was "no longer tenable" because she had upset Health Minister Michael Ferguson and the Premier with her June 14 tweet.
...

The statement of claim also alleged that Cricket Tasmania chief executive Nick Cummins had told Ms Williamson that Mr Hodgman was "lying" when he assured her he had not raised concerns with CA about her comments. Mr Hodgman maintained he had not played any role in her dismissal.

Ms Williamson had sought compensation for loss of income, humiliation, damage to her reputation, anxiety and distress.
...
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