VIC Unauthorised use of Criminal record.

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Skateboard

Well-Known Member
22 June 2017
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Skateboard
Well-Known Member


I received a diversion from the Melbourne Magistrates Court and had to pay a $100 fine for a minor unintentional breach of an intervention order. I was represented by a lawyer and was told that the offence I committed was against the statute and not against the family member , my brother, who took out the intervention order against me.

My brother therefore did not have to be consulted to consent to the diversion conditions. I was also told that as the offence was against the statute no one could get a copy from the court of the diversion record.

I have since found that my friends and business associates have been recieving emails from my brother with a copy of the diversion issued by the Melbourne Magistrates Court attached.

Can my brother do this?
How can the Melbourne Magistrates Court issue copies of my history without my consent?
 

Atticus

Well-Known Member
6 February 2019
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I have since found that my friends and business associates have been recieving emails from my brother with a copy of the diversion issued by the Melbourne Magistrates Court attached.

Can my brother do this?
Even if he was provided with a copy of something, his sharing it with friends & business associates may well be contrary to section 144MA of the act >>>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 144MA Primary person not to disclose confidential information other than for reasons of safety (may be an exception if sharing it was necessary to manage risk)
How can the Melbourne Magistrates Court issue copies of my history without my consent?
Don't know, but if it amounts to 'excluded information' that meets >>> Section 144C of the act <<<<< & in particular part (i) >>>> (i) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; ...... Then that could add further weight to the offense

If the sharing of this information has caused you undue intimidation, grief, harassment, embarrassment or could affect your reputation or earning capacity, it may be an idea to see a lawyer about what can be done... Possibly even you're own intervention order to prohibit this sort of thing in addition to anything else...... I imagine if some action was bought against him, he would also need to divulge how he come by a copy of this as well

 

Skateboard

Well-Known Member
22 June 2017
31
1
124
Even if he was provided with a copy of something, his sharing it with friends & business associates may well be contrary to section 144MA of the act >>>> FAMILY VIOLENCE PROTECTION ACT 2008 - SECT 144MA Primary person not to disclose confidential information other than for reasons of safety (may be an exception if sharing it was necessary to manage risk)

Don't know, but if it amounts to 'excluded information' that meets >>> Section 144C of the act <<<<< & in particular part (i) >>>> (i) prohibits or restricts, or authorises a court or tribunal to prohibit or restrict, the publication or other disclosure of information for or in connection with any proceeding; ...... Then that could add further weight to the offense

If the sharing of this information has caused you undue intimidation, grief, harassment, embarrassment or could affect your reputation or earning capacity, it may be an idea to see a lawyer about what can be done... Possibly even you're own intervention order to prohibit this sort of thing in addition to anything else...... I imagine if some action was bought against him, he would also need to divulge how he come by a copy of this as well
 

Skateboard

Well-Known Member
22 June 2017
31
1
124
Thank you Atticus for posting such an informative and comprehensive reply. I will contact the Melbourne Magistrates Court on Monday. I might also add that my car was reported stolen and when I went to pay the registration on line it wouldn’t accept the payment. I then attended Vic Roads to pay it and was told that it was reported stolen. Luckily I had documents stored on the cloud that proved I had purchased and paid for the car. I had to email copies of all documents proving ownership to the police to have it removed from the stolen list. My son then attended another police station and tried to report my other car as stolen but police were able to contact me and I confirmed I had the car so a stolen car report was not taken. My brother also filed false paperwork with ASIC appointing himself as the director of a company I was the director of which caused me to loose control of my company. I will detail these as well to show the level of harassment I have endured.
 
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