PRIVACY AND DATA PROTECTION ACT 2014 - SECT 118 Employees and agents
PRIVACY AND DATA PROTECTION ACT 2014 - SECT 118
Employees and agents(1) Any act done or practice engaged in on behalf of an organisation, or a person, agency or body to which Part 4 or 5 applies by an employee or agent of the organisation, person, agency or body acting within the scope of the employee's or agent's 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, person, agency or body and not by the employee or agent unless the organisation, person, agency or body 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, person, agency or body, 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, person, agency or body, acting within the scope of the employee's or agent's actual or apparent authority; and
(b) that the employee or agent had that state of mind.
S. 118(3) substituted by No. 60/2014 s. 135.
(3) For the purposes of this section, each of the following is an employee of Victoria Police—
(a) the Chief Commissioner of Police;
(b) a Deputy Commissioner within the meaning of the Victoria Police Act 2013 ;
(c) an Assistant Commissioner within the meaning of the Victoria Police Act 2013 ;
(d) another police officer within the meaning of the Victoria Police Act 2013 ;
(e) a special constable within the meaning of the Victoria Police Act 2013 ;
(f) a police reservist within the meaning of the Victoria Police Act 2013 ;
(g) a protective services officer within the meaning of the Victoria Police Act 2013 .