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Essay On Iniquity In Business Law

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Mathew as well as information about his sexual affairs with another woman other than his girlfriend, Sally.
There is a defence available for Ella and Mathew due to them breaching Tom’s confidence, they can use the defence “just cause or excuse” that caused them to break Tom’s confidentiality. The “Just cause or excuse” defence will only exist if there is disclosure of iniquity. Iniquity is defined as a crime, civil wrong or serious offence of public importance. In order for Ella and Mathew to use the “just cause or excuse” defence they must establish the following:
A. The disclosure of information will reveal the existence of an iniquity
B. The iniquity that is disclosed is of importance to the public since it affects the community as a whole; and,
C. The person who is seeking to protect their confidentiality is doing so to prevent disclosure to a third party.

The Canberra-Leaks is not bounded by the Privacy Act 1988 (cth) since it is stated in the Act that it only applies to Commonwealth and Act government agencies and private organisations. With the exemption of small organisations with a turnover of $3 million or less and media organisations. Therefore, the Canberra-Leaks are not bounded by the Act since they are considered as a media organisation undertaking the act and practices of journalism …show more content…

However, George Brandis argued that the claim for the diary would take hundreds of hours to process which lead Mark Dreyfus to take the issue to the Administrative Appeals Tribunal. George Brandis in the end lost his right to keep his ministerial diary private, which now allows Mark Dreyfus to see who he had met up with between the period of September 2013 and May

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