Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law

We are of the opinion that a person photographed a hospital

Customer Question
Hi My name is***** are...
Hi My name is***** are of the opinion that a person photographed a hospital letter on a hospital computer screen and sent it to another person, thus breaching privacy.The person in receipt of the document has used this document against his mother in an application to a tribunal. The matter was dismissed but has cost a fortune in fees to a lawyer. How can one get access to another person's telephone record and what is the approximate cost. We know the phone provider
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, after we applied for costs, a photograph of a mobile phone was produced to the court and alleges that the photograph was taken by the defendant. However, the particular document has never been in the hands of any person other than the hospital concerned. The hospital did a privacy investigation and sent the matter to the Privacy Commissioner and ICAC. ICAC says it is not important enough to investigate. Initially the "document " was presented to the tribunal last year by the defendant with incorrect letterhead of the hospital concerned and details missing as well as no date on the partial document presented to the court as "support" for his case. I called the hospital and set in motion an investigation. Using Facebook and the EMR records, I discovered a link between a staff member and a family member . The document was never given to a local GP or anywhere that the defendant claims and therefore could not have been photographed by him in front of the plaintiff as the plaintiff did not possess the record in the first place. After investigating with Apple, I discovered how the photograph of the mobile phone with a partial paragraph form the document may have been gotten on the phone making it appear as if the photograph was taken by the owner of the camera. It could have been a saved document from someone elses phone, brought up on a screen and a screenshot taken.
JA: OK got it. Last thing — Solicitors generally expect a deposit of about $18 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.Category: Australia Law
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 17 minutes by:
1/26/2016
Solicitor: Leon, Solicitor replied 1 year ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,098
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Good Morning

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?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
Hi Leon
yes she was a staff member and now lives in Canada. I hope non e of this is going to be published on your pages. May I have assurance of that first please.
Solicitor: Leon, Solicitor replied 1 year ago

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?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
One of the puzzling things we discovered was that the hospital , once notified of the breach, says it cannot contact the ex employee nor can they demand a phone record from the recipient to prove that it was illegally obtained. I cannot believe that there is no onus on a hospital to find out exactly what happened in a situation where a photo was taken of a computer screen and it was sent to a third party illegally. Is there a way the hospital has the legal right to obtain the phone records of its staff members who took the phot. I have checked the reord and it can only have been photographed by one of 4 people as it was taken only hours after the document was written .
Solicitor: Leon, Solicitor replied 1 year ago

Good Morning,

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.

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
I am a doctor who uses the hospital for my patients. When I looked at the presented "document" it did not look correct in its appearance so i immediately contacted the hospital. When I discovered this, yes I immediately reported it to the hospital. I contacted medical records. I am aware that the person who has used the record is on Telstra. How easy/difficult is it to get a subpoena for the Telstra phone record and how much would that cost. My mother has borne the brunt of the action taken by that person using the illegally obtained document and Dad has paid a lawyer over $40000 to have the matter dismissed. I am trying to save them more wasted money by asking you these questions as dad is 92 years old and absolutely livid that the person presenting the document has done what he has and apparently can get away with it. We all have an ADVO against the person and he is using the law vexatiously to attack us all.
Customer reply replied 1 year ago
Can the hospital contact the employee in Canada to notify them. I have the address
Customer reply replied 1 year ago
Actually I have the hospital all her contact information and they said she did not respond (no surprise) We have her linkd- in address and details as well as where she works
Solicitor: Leon, Solicitor replied 1 year ago

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.

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
We have told the Tribunal and after the costs application, a further response by the defendant was sent in including a photograph of his mobile phone with the part document on it.
What can I do about the hospital? To whom do I report them?
Solicitor: Leon, Solicitor replied 1 year ago

What state are you in?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
NSW
Solicitor: Leon, Solicitor replied 1 year ago

Good Morning

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?

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
Ptretty angry that someone can be such a jerk as to illegally obtain a record for a friend and send it to that person and then get away scott free. Disgusted . Yes it is a public hospital
Customer reply replied 1 year ago
Thanks for the info . I will certainly be lodging a complaint. Can we sue them for the costs of our lawyer for having to spend a fortune?
Customer reply replied 1 year ago
The damages to my parents have been enormous caused by this action of the hospital employee passing on info to which she and the other person was not privy too!
Solicitor: Leon, Solicitor replied 1 year ago

I know and understand your frustration

All the best

You are very welcome and thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
Hi Leon
Can we sue the hospital for damages ?
Solicitor: Leon, Solicitor replied 1 year ago

You have to show that their actions have caused some form of financial loss.

It is going to be difficult.

Ask Your Own Australia Law Question
Customer reply replied 1 year ago
My parents have forked out $42000 approximately regarding the defence at the Tribunal which based it's evidence on the partial document. NCAT Guardianship tribunal requires 2 full reports and there was this report which was only partial and misrepresented the hospital's letterhead as well as reporting that the author was someone who it was not! It was undated as well. We asked why the tribunal went ahead on a document that was so incorrect and only partial without a date!
Yes we have had financial damages! It has also damaged my parents significantly form a psychological point of view..
Thanks for your assistance.
Regards
Sue
Solicitor: Leon, Solicitor replied 1 year ago

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.

All the best

Ask Your Own Australia Law Question
Ask Leon Your Own Question
Leon
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45,098
45,098 Satisfied Customers
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Leon is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Daniel

Daniel

Solicitor

5,800 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
NSW. In terms of what? we have been separated since 1 march
hello my name is*****: What state are you in? It matters because laws vary by location. Customer: NSW … read more
Leon
Leon
Solicitor
45,098 satisfied customers
I just want to ask you. Me and my husband want to divorce
Hello there. I just want to ask you. Me and my husband want to divorce and we already separate more than 12 months. we both agree to make it really easy. I already fill the form divorce application on… read more
Leon
Leon
Solicitor
45,098 satisfied customers
I need advice in regards to signing a workplace contract
I need advice in regards ***** ***** a workplace contract please … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I am just wondering what the limitations on time for someone
Hi I am just wondering what the limitations on time for someone to be charged in Qld. There was a claim maid on a motorbike and the bike was stolen by a family member. The claim was never paid as the … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
We are experiencing getting back a bond from Ramada Suites,
We are experiencing getting back a bond from Ramada Suites, Darwin and would appreciate your advice on the matter. … read more
Leon
Leon
Solicitor
45,098 satisfied customers
Three weeks ago I offered $1.7 m for a property in Tyabb
Three weeks ago I offered $1.7 m for a property in Tyabb (not an auction0 I was told three hoiurs layter that the property had sold for an "exceptionale … read more
Leon
Leon
Solicitor
45,098 satisfied customers
My elderly mother died in Brisbane in a nursing home in June
Good evening, My elderly mother died in Brisbane in a nursing home in June this year. … read more
Leon
Leon
Solicitor
45,098 satisfied customers
Not sure if this is your field i am inquiring about
not sure if this is your field i am inquiring about franchising laws … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I was in a same sex de facto relationship for 45 years, my
I was in a same sex de facto relationship for 45 years, my partner died 4 months ago. We have 4 properties all in my name, I lost a court case they have PSSO on them, the Sherriff asked me if anyone e… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My husband got an ABN number in my name without my consent
Hi there my husband got an ABN number in my name without my consent and withheld that information until I discovered it. Has he broken the law? … read more
Leon
Leon
Solicitor
45,098 satisfied customers
Who do i write the letter to at optus. where do i send it.
who do i write the letter to at optus. where do i send it. he can act in the next day or two? I'm worried.… read more
Leon
Leon
Solicitor
45,098 satisfied customers
León, we have been speaking do you have an email address
hi león, we have been speaking do you have an email address that i can send to optus the letter to stop them from proceeding? please… read more
Leon
Leon
Solicitor
45,098 satisfied customers
My mother died 3 months ago I am not mentioned in the will
My mother died 3 months ago I am not mentioned in the will because I had declared bankrupt 2.5yrs earlier and mum knew it would just be taken from me. But my daughter is getting my share because she l… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Leon i have access to speak to optus but every time i ring
hi Leon i have access to speak to optus but every time i ring them they keep me on line waiting for 45 mins. my ex told me that he took this bundle because i needed internet but i never knew that he t… read more
Leon
Leon
Solicitor
45,098 satisfied customers
I am part of a strata. June 2016 there was a bad storm and I
Hello, my name is***** am part of a strata. June 2016 there was a bad storm and I made a claim. The insurance company have done everything within their power to not honour the claim. It is a long stor… read more
Leon
Leon
Solicitor
45,098 satisfied customers
I have a complicated situation that I need advice on.
I have a complicated situation that I need advice on. … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
We are having our house built with Boutique homes and after
Hi there. We are having our house built with Boutique homes and after the contract was signed, we went through the colour tile carpet fixtures selection process. This was done, a document "addenda" dr… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I'm an owner in a block of 4 units; but don't live there. 3
I'm an owner in a block of 4 units; but don't live there. 3 owners and the OC manager have ganged up against me. At the AGM it was decided to have 2 visitors only parking signs, as the other owners wo… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x