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Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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I was confronted on the 18th May by a phone call from a

Customer Question

I was confronted on the 18th May by a phone call from a police officer informing me that he was at my property and that he had a search warrant to search my property. I informed that I was in the course of earning a living and could I meet him at a later time, he informed me that he had the authority to break into my property. I said I would attempt to be there in half and hour.
They explained all the technicalities regarding the search warrant etc. and I informed them that that was well and good, however please explain what this was all about as this I was completely oblivious to what was going on. They have then vaguely informed me that I have been implicated in a alleged sexual assault of a young person at one of my properties which I rent out to Families SA. I continued with the video taped interview with the police officers and they left the property.
As far as I am concerned this is a slanderous accusation by a young person who will have no financial implications to her accusation, however we have felt an immediate financial implication by the way we are being treated by Families SA already. Not that they are going to admit this. The SCIC returned on the following Friday 20th May to return my mobile phone and inform me that I was no longer a person of interest. The investigation was still ongoing.
However they have already disrupted my business and tarnished my reputation. Where can I go from here? Can I pursue slander and if the young person has made a written statement can I pursue libel claims?
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good EveningMy 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 advice but a guide to assist you.You cannot sue for defamation (Slander) for allegations made to police. If they are fraudulent then the police can take action under the crimes act against the person that made the false statements. How has your reputation been tarnished? Have they advertised it to third parties except the police?If this person has told others, not the police, and they have then shunned you and caused you to lose business then you can sue for defamation. But not making false allegations to the police that becomes a police matter.

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