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K
Joined: 09 Sep 2011
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| 5 from the wing on debut wrote: | | K wrote: | | 5 from the wing on debut wrote: | ...
There is legislation which carries severe penalties for those that disclose medical records without a proper purpose, or without consent. I don't know what the standard AFL contract says about those issues, but the privacy issue doesn't apply to AFL footballers in the same sense as it does to the rest of the community. Which other group in the community has their medical records broadcast every week?
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The legislation covers only medical professionals, though, right? ... What are the penalties?? ... |
No, it covers both health service providers and any entity that collects, holds or uses health information. That would include a football club. That's why I raised the query about the player's contractual status in terms of consent to tell those outside the club about their injuries. VCAT can award compensation of up to $100k and the party at fault can also be prosecuted and fined. |
I see. Is this an area you have particular knowledge or experience in?
I see that S.77 of the Privacy and Data Protection Act says:
"(1) After hearing the evidence and representations that the parties to a complaint desire to adduce or make, VCAT may—
(a) find the complaint or any part of it proven and make any one or more of the following orders—
(i) an order restraining the respondent, or the organisation of which the respondents are members of the committee of management, from repeating or continuing any act or practice the subject of the complaint which VCAT has found to constitute an interference with the privacy of an individual;
(ii) 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;
(iii) 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;
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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."
I note the existence of option (b), where apparently nothing happens, but in any case it seems VCAT won't necessarily get involved even to begin with. [The complaint needs to be referred to it by the Commissioner or Minister. Who is the Commissioner? Which Minister?]
The relevant stuff for medical professionals apparently says consent is not needed if there is a "reasonable expectation" of disclosure, which maybe gives too much wiggle room... [As a patient, you'd hope it means that they share info only with other medical professionals directly treating you, but is that what health professionals think it means?] In the AFL case, it always happens, so I guess it is "reasonable to expect" it to happen. It's only when it shifts from hamstrings and knees to heart conditions and mental health that people stop to think. |
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glasseyevfx
Joined: 01 Jul 2017
Location: Gold Coast
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feKKo
Joined: 27 Nov 2009
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| Just up on the afl website ASADA investigation. |
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Tanks1966 
Joined: 07 Dec 2006
Location: Taylors Lakes
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Culprit 
Joined: 06 Feb 2003
Location: Port Melbourne
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| It was a whisper, looks like we already have a vacancy to fill in 2019. Sydney must have known. |
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Damien 
Me Noah & Flynn @ the G
Joined: 21 Jan 1999
Location: Croydon Vic
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Well that’s a personal reason
_________________
'Collingwood are the Bradmans of Football'
The Herald - 1930 |
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Pa Marmo
Side by Side
Joined: 16 Jun 2003
Location: Nicks BB member #617
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You can’t put an old head on young shoulders, the bad choices of youth.
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Genesis 1:1 |
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glasseyevfx
Joined: 01 Jul 2017
Location: Gold Coast
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Man I liked his pace and with Varcoe getting on its a cruel blow for the team. I'd like to persist with him but after Keefe and Thomas I don't think we should - I think the pies should only put up with something like this once every 10 years or more
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We shall set our course by the stars and not ships that pass in the night |
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sixpoints
Joined: 27 Sep 2010
Location: Lulie Street
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This will take months to resolve. The test followed the Richmond game apparently. If it ends up being the worst then he will be in strife. This was a game day test.
In the mean time I guess he’s cooked for the remainder of the year.
Why is it us again?
Last edited by sixpoints on Fri Aug 24, 2018 8:57 am; edited 1 time in total |
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Damien
Me Noah & Flynn @ the G
Joined: 21 Jan 1999
Location: Croydon Vic
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Last thing we need is a scandal to stuff up our finals campaign
_________________
'Collingwood are the Bradmans of Football'
The Herald - 1930 |
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think positive 
Side By Side
Joined: 30 Jun 2005
Location: somewhere
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$£$%^%%$ Sydney drug culture, **** if Sam. Moron.
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You cant fix stupid, turns out you cant quarantine it either! |
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dillo_09
Joined: 15 Apr 2001
Location: Whittington
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Christ! What is wrong with these guys?
How could he not recognise the opportunity in front of him after not getting an opportunity at the swans? Why risk it?
You would think that after the Thomas Keefe Affair that there would become a culture within the group!!
In my book, that's your only chance son! Now get around him to get through it and move on.
Do it again and you are GAWN!
We are a football club and we are here to win mens AFL premierships and cant afford to take risks on blokes who could jeopardize that! |
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think positive
Side By Side
Joined: 30 Jun 2005
Location: somewhere
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| Culprit wrote: | | It was a whisper, looks like we already have a vacancy to fill in 2019. Sydney must have known. |
. **** off back to the harbour city. Done dusted, not worth it. Bye bye
Can I delete every sympathetic post I gave him? Dickhead, selfish, prick
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You cant fix stupid, turns out you cant quarantine it either! |
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September Zeros
Joined: 04 Oct 2012
Location: Behind you
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Awesome - sigh
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No Pressure, No Diamonds
They used to be a happy team at hawthorn.
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tbaker
Joined: 02 Jul 2018
Location: Q19 Southern Stand MCG
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| Damien wrote: | | Last thing we need is a scandal to stuff up our finals campaign |
My immediate thoughts
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I find your lack of faith disturbing |
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