LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC FOI - Access to Emails Regarding Disciplinary Action Against Me?

Discussion in 'Employment Law Forum' started by Hammer, 29 April 2016.

Tags:
  1. Hammer

    Hammer Active Member

    Joined:
    20 July 2015
    Messages:
    5
    Likes Received:
    0
    Just wondering if it is possible to make a Freedom Of Information Request (or similar) in Victoria to a large private hospital regarding emails and personal journal notes written by other senior employees about myself relating to disciplinary action and related matters. Do I have access to this information through FOI and if so what is the best way to get started?
     
  2. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,160
    Likes Received:
    256
    No. FOI only applies to government agencies, not private organisations. You'd need court orders to obtain the information you require if they are not willing to tell you.
     
  3. Serge Gorval

    Serge Gorval Well-Known Member

    Joined:
    2 November 2015
    Messages:
    167
    Likes Received:
    10
    Have you been subjected to DA ?

    Obviously if you are not provided with allegations and action is taken against you, there're pretty strong grounds to argue that you weren't afforded procedural fairness...
     
  4. Hammer

    Hammer Active Member

    Joined:
    20 July 2015
    Messages:
    5
    Likes Received:
    0
    Yes, I was subjected to disciplinary action. I was given no opportunity to respond to most of the allegations prior to the allegations being couriered to me at home and being ordered to attended a formal disciplinary hearing. I attended the hearing and I was subsequently found to be innocent of all eight allegations .

    I wish to know why the false allegations were brought against me. I wish to know why I was not afforded the procedural fairness of not having the matters discussed with me prior to the formal notice. I wish to know why the matters were not investigated properly. Is there any means that you know of that I could apply, to access relevant information to get to the truth.

    As this is the second time this has been done to me are there any avenues under Bullying or Discrimination Laws or FOI or similar?

    Thank you
     

Share This Page

Loading...