PPRuNe Forums - View Single Post - Qantas complicit in jailing of union official?
Old 10th Oct 2011, 22:28
  #5 (permalink)  
Worrals in the wilds
 
Join Date: Apr 2007
Location: Sunny side up
Posts: 1,206
Likes: 0
Received 0 Likes on 0 Posts
In Australia the offence would be a civil one, and certainly anyone suspected of such an act would not be jailed. This new Fijian legislation is outrageous!
Unless you are a Commonwealth Officer, which is any person employed under the Public Service Act.
CRIMES ACT 1914 - SECT 70

Disclosure of information by Commonwealth officers (1) A person who, being a Commonwealth officer, publishes or communicates, except to some person to whom he or she is authorized to publish or communicate it, any fact or document which comes to his or her knowledge, or into his or her possession, by virtue of being a Commonwealth officer, and which it is his or her duty not to disclose, shall be guilty of an offence.
(2) A person who, having been a Commonwealth officer, publishes or communicates, without lawful authority or excuse (proof whereof shall lie upon him or her), any fact or document which came to his or her knowledge, or into his or her possession, by virtue of having been a Commonwealth officer, and which, at the time when he or she ceased to be a Commonwealth officer, it was his or her duty not to disclose, shall be guilty of an offence. Penalty: Imprisonment for 2 years.

Note the reverse onus of proof.

Of course in Australia you get a fair trial and there is a free press (much as we love to hate them), which is not the case in many other places.
Anyway, good luck to the guy and at least the AIPA is getting involved. As for Qantas, who would expect anything different?
Worrals in the wilds is offline