NSW VET records used as evidence

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nose

Well-Known Member
27 November 2015
67
1
199
VET surgery which attends to my animals has supplied one of their ex employed VET with records on my file to use as evidence in court without my permission. Can I object that evidence based on breach of privacy and that it was obtained unlawfully?
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
It is likely to breech certain laws but i am not sure? But at the end of the day, you can assume he would have been entitled to subpoena that information anyway.... but, the subpoena system is there for a reason and should not be subverted like this.

He may have blown his case by taking an unnecessary shortcut, lucky you!
 

nose

Well-Known Member
27 November 2015
67
1
199
It is likely to breech certain laws but i am not sure? But at the end of the day, you can assume he would have been entitled to subpoena that information anyway.... but, the subpoena system is there for a reason and should not be subverted like this.

He may have blown his case by taking an unnecessary shortcut, lucky you!
Thanks Clancy. As it happens there is some information within those records now that I have seen them that would be useful to support my case. Can use it without permission from VET surgery? or can I ask the VET surgery to disclose my records without subpeona?
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
Thanks Clancy. As it happens there is some information within those records now that I have seen them that would be useful to support my case. Can use it without permission from VET surgery? or can I ask the VET surgery to disclose my records without subpeona?

I do not know what is specifically allowed to be disclosed? But no harm in you asking for the records.
But remember, what evidence you chose to use in court, you may have to do 'discovery' where each side reveals to the other what evidence they got.... but imagining all kinds of tricky exceptions/exemptions etc etc
Also you want to avoid objections in court, so you may want to make sure you obtain all evidence with best practices.... (ask a lawyer)