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PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 118 Employees and agents

PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 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.

    (3)     For the purposes of this section, each of the following is an employee of the police force of Victoria—

        (a)     the Chief Commissioner of Police;

        (b)     a Deputy Commissioner of Police or an Assistant Commissioner of Police appointed under Part I of the Police Regulation Act 1958 ;

        (c)     another member of the force within the meaning of section 3(1) of the Police Regulation Act 1958 ;

        (d)     a special constable appointed under Part VC of the Police Regulation Act 1958 ;

        (e)     a police reservist appointed under Part VI of the Police Regulation Act 1958 ;

        (f)     a protective services officer appointed under Part VIA of the Police Regulation Act 1958 .