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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
You can only get access if you are in a court matter and issue a subpoena.
Was this person a hospital staff member?
I will have this closed when we are done.
Being in Canada there is nothing that can be done now. They have breached their duty and the hospital could have taken disciplinary action against them.
No Australian Court or Tribunal can do anything now to them.
If you believe the hospital has breached its duty, you have to show that and you can report them. But if the hospital was not aware then you will have difficulty doing anything.
When discovered were they reported to the hospital?
The hospital cannot ask for their private phone. They have to notify the employee and have them come in and advise that there is an investigation.
The person whose phone it was sent to also has evidence of who sent it.
They can but they cannot force them to come back
The employee is out of the jurisdiction now.
Was the document objected to at the tribunal? There are many issues here.
But the employee being out of the country does not have to comply with any request.
I hope this makes sense and is of assistance.
What state are you in?
Contact the Department of Health and Lodge a report about the hospital as this goes to practices and breaches of privacy.
I assume it is a public hospital?
I know and understand your frustration
All the best
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You have to show that their actions have caused some form of financial loss.
It is going to be difficult.
Those costs can only be recovered if they are successful against the other party.
They cannot argue the hospitals actions have caused those costs.
This evidence is only a part of the action.