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NSW Vandalism And safety concerns

Discussion in 'Criminal Law Forum' started by Cookie123, 14 June 2018.

  1. Cookie123

    Cookie123 Active Member

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    Hi,

    A few colleagues and myself have recently all had damage to our cars (key marks, nails in tyres - which looks intentional as the nail was in the side of the tyre). This has all happened over a short period of about 6 weeks.

    The car is a public car park with no cameras. I do suspect one of my colleagues to be doing this as recently there has been pressure placed onto them from management about their unethical practice (they're a nurse) which multiple staff members have reported them for.

    I was told by management that things would likely escalate over the next few weeks as they would be speaking/addressing the issues with said person and to report to my manager if anything happened to us.

    I am concerned for my safety as past history of this staff member shows that they have psychopathic tendencies.

    I would like to know what avenues I have in trying to have charges pressed against this person, what evidence would I need? And any suggestions in regards to surveillance? And would I be able to take something out like an AVO against them?



    TIA
     
  2. Clancy

    Clancy Well-Known Member

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    There is no law against you keeping recording devices inside your own vehicle - although if the person sees it, you might end up with smashed window as well? On the other hand smashing a car window to gain access is a far more serious crime which may be of more interest to police?
     
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  3. Cookie123

    Cookie123 Active Member

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    Good point about the smashed windows.
     
  4. Cobra1972

    Cobra1972 Well-Known Member

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    You really need proof to lay charges. It isn't what you think, but what can be proven.

    However, these are offences and should be reported. It is then up to Police to investigate. Not the employer. Police can then look at options, such as surveillance.

    However, in this case, I believe it is more on your place of work to provide a safe work environment. They have a duty of care for their employees. Such as, better, more secure parking until the matter is resolved. Time off work, until the matter is resolved.
     
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  5. Cookie123

    Cookie123 Active Member

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    Thanks for your reply and giving me a different perspective.

    It really is up to the employer to provide a safe environment and considering so many events have occurred, something really needs to be initiated by them. I have already incurred a lot of my own personal costs as a result of this...
     
  6. Tim W

    Tim W Lawyer
    LawTap Verified Lawyer

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    It is not, however, up to the employer to provide special measures to secure and protect a worker's property.
    Especially when that property is not on their premises.
    You park your car in that public car park entirely at your own risk.

    As to evidence, I'll say this.
    Suspicion is not evidence.
    Opinion/ belief, no matter how strongly held, is not evidence.

    Lastly, I'm not too worried about the rights and wrongs of leaving your dashcam running.
    Sometimes, it can helpful.
     
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  7. Cobra1972

    Cobra1972 Well-Known Member

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    To be clear, I am talking about the employee's safety. Not so much their property. That is what Insurance is for.
     
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  8. Cookie123

    Cookie123 Active Member

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    I really am not sure what to do. My colleague is concerned for their safety as am I. They had damage to their car done, parked somewhere else and the car was vandalised again in the different spot.

    Concerned to the point where I really think they are capable of physically harming someone based on past history.

    Police have been reported to but obviously they need some evidence which we are trying to obtain, what is one to do in the mean time though?

    Can someone take an AVO out just on speculation/suspicion, it would be pretty difficult if you work with them...
     
  9. Cookie123

    Cookie123 Active Member

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    There was some damage done to vehicles on work premises as we are occasionally required to park there but the majority is in the public carpark.

    If another vehicle is set up to monitor my own vehicle on public premises, can that evidence be used?
     
  10. Cobra1972

    Cobra1972 Well-Known Member

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    I see no reason why not, but it will always depend on the individual circumstances. As far as the AVO, or IVO as we call them in Victoria, I would suggest contacting the Court for advice.
     
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