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NSW Accidentally Opened Ex's Mail - Breach of Privacy?

Discussion in 'Other/General Law Forum' started by Mia123, 13 May 2016.

  1. Mia123

    Mia123 Active Member

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    My ex-husband and I are separated. I have a mail redirection on for my mail. Recently, some mail was forwarded to me since we both bank with the same institution, so when the mail came I thought nothing of it and just opened it until I saw the mass amounts of money which unfortunately are not mine and I looked and saw it was my ex-husband's bank statement.

    Obviously, the large amounts of money caught my eye and I looked over the statement and found a few things that he's been lying about. He claims he can't afford 400.00 in child support a month for 2 kids but at the same time, he's out buying a 10,000 bike and going on holidays.

    I'd really like to ask him about this but I'm really worried I could get into trouble for opening his mail and breaching his privacy.

    Thanks
     
    Timnuts likes this.
  2. Sophea

    Sophea Well-Known Member

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    Hi Mia123,

    While "tampering with mail" is a Commonwealth offence and includes opening mail you are not authorised to open, simply accidentally opening someone else's mail is not an offence. It would however be illegal to keep someone else’s mail or intentionally obtain it dishonestly.
     
    Timnuts likes this.
  3. AllForHer

    AllForHer Well-Known Member

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    Documents attained illegally - as these would be on grounds that opening someone else's mail is a federal offence - cannot be used as evidence in any court matters because it would be inadmissible.

    Regarding child support, the only fiscal detail of concern to the agency is taxable income. Even holidays can be claimed as tax deductions in some cases, so it would be unwise and inaccurate to assume that his bank statement is a reflection of his taxable income.
     
    Sophea likes this.

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