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VIC Is this Defamation by DOCS and Human Services?

Discussion in 'Defamation Law Forum' started by FedBoy2015, 20 May 2015.

  1. FedBoy2015

    FedBoy2015 Active Member

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    Hello,
    Long story short, can DOCs and DHS ( Human Services) make up lies stating that my wife was taking Illegal drugs when they had no proof and the same with me? Is this defamation?
     
  2. Sophea

    Sophea Well-Known Member

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    Technically perhaps, provided they are lies.

    For you to accuse them of defamation you would need to prove that:
    1. information was communicated by DOCS to a third person other than you;
    2. the information identifies you; and
    3. the information is defamatory - or in other words it damages your reputation or exposes you to hate, contempt, ridicule or cause people to shun or avoid you or lowers other people's estimation of you.
    However, in practice I don't know whether it would be possible to allege defamation. I would be requesting to see the evidence for their allegations so that you have an opportunity to respond to it. Remember to always remain calm and polite when dealing with DOCS.
     
  3. Tim W

    Tim W Lawyer

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    Did they actually say "was taking", or "was suspected of taking"?
     
  4. FedBoy2015

    FedBoy2015 Active Member

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    they actually said that my wife was taking Illegal drugs in their report even though she was having weekly blood tests and under 24/7 care where the carers were always with her at all times, it was a big reason why she lost her child and the carers said that she wasn't taking anything Illegal
     

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