Victorian Consolidated Legislation

Information Privacy Act 2000 - SECT 68

Employees and agents

68. Employees and agents



(1) Any act done or practice engaged in on behalf of an organisation by an
employee or agent of the organisation acting within the scope of his or her
actual or apparent authority is to be taken, for the purposes of this Act
including a prosecution for an offence against this Act, to have been done or
engaged in by the organisation and not by the employee or agent unless the
organisation establishes that it took reasonable precautions and exercised due
diligence to avoid the act being done or the practice being engaged in by its
employee or agent.

(2) If, for the purpose of investigating a complaint or a proceeding for an
offence against this Act, it is necessary to establish the state of mind of an
organisation in relation to a particular act or practice, it is sufficient to
show-

   (a)  that the act was done or practice engaged in by an employee or agent
        of the organisation acting within the scope of his or her actual or
        apparent authority; and

   (b)  that the employee or agent had that state of mind.