The survey in this website contains questions about how the CFO used your private and sensitive information.  By participating in the survey, you will be helping the Privacy Commissioner determine if the law has been broken.

If someone in the CFO shared private information about you without your permission, they may have broken the law.

This could mean the person or the organisation that broke the law may need to pay large penalties.

It could also mean they have to pay compensation to the person who was harmed by the breach of privacy.

Some examples of using your private information in a way that breaks the laws are:

• Passing on information you gave in confidence to a leader of the CFO during a counselling (pastoral) session.
• Saying things about you that damaged your reputation, by telling others the information you gave in confidence, or saying something untrue about you.

Here’s some of the laws that protect your privacy and also allow you to be compensated for breaches of privacy.

1. The Privacy Act 1988

“Personal information” means information or an opinion about an individual. 

(a) whether the information or opinion is true or not; and

(b) whether the information or opinion is recorded in a material form or not.

AND

“Sensitive information” means:

(a) information or an opinion about an individual‘s:

(i) racial or ethnic origin; or

(ii) political opinions; or

(iii) membership of a political association; or

(iv) religious beliefs or affiliations; or

(v) philosophical beliefs; or

(vi) membership of a professional or trade association; or

(vii) membership of a trade union; or

(viii) sexual orientation or practices; or

(ix) criminal record;

Where there’s been ‘serious” and repeated interferences with privacy’

The following maximum penalties apply:

The penalty for a contravention by a person is an amount not more than $2,500,000.’ 

The penalty by an Incorporated Association is the greater of the following: 

(a) $50,000,000;

OR

(b) if the court can determine the value of the benefit the Incorporated Association obtained, the penalty can be -3 times the value of that benefit;

OR

(c) If the court cannot determine the value of that benefit, the penalty can be 30% of the turnover of the incorporated association.

You can find all of this information at the link to the Privacy Act 1988 below:

https://www8.austlii.edu.au/cgi-bin/viewdb/au/legis/cth/consol_act/pa1988108/ 

2. Your common law right to claim for financial compensation.

Compensatory Damages: To compensate for financial losses, emotional distress, and other harms suffered by the victims.

What kind of conduct gives rise to financial compensation?

Coercive Control: Leaders must avoid any form of coercive control or abuse of power over their congregation. Coercive control is when someone uses a pattern of abusive behaviours over time that hurt, humiliate, isolate, frighten, or threaten another person in order to control or dominate them.

Invasion of Privacy: Courts have recognised a cause of action for invasion of privacy.

Breach of Confidence: Damages for breach of confidence can be applied to situations where private information is disclosed without consent.

Failing to Act in the Best Interests of the Congregants: Leaders must act in the best interests of the members of the congregation and avoid conflicts of interest.

This duty arises in situations where one party places trust and confidence in another, and the latter has a corresponding obligation to act in the former’s best interests.

How much financial compensation can you get?

The legal team advising the Samson Rising website will be able to tell you this. It is based on your particular circumstances.

How much financial compensation can you get?

The legal team advising the Samson Rising website will be able to tell you this. It is based on your particular circumstances.

By completing the survey, you will be helping our legal team work out what compensation might be payable.