Aussie Farms: Commissioner could seek court action to shut map down under Privacy Act
The federal body that has the power to seek a court order to shut down the Aussie Farms map and request compensation for farmers has escalated its official investigation into the animal activist group.
CONTROVERSIAL animal activist group Aussie Farms could have its infamous map shut down and be forced to compensate farmers, as an official privacy investigation into the group escalates.
It comes as Aussie Farms was stripped of its charity status, following new revelations exposed by The Weekly Times that the group’s website promoted at least 105 activist farm invasions when it was granted charitable status by the Australian Charities and Not-for-profits Commission.
Over the past seven months, the Office of the Australian Information Commissioner has been making “inquiries” into Aussie Farms’ “collection of personal information” and “notification practices” and has now decided it will also officially commence an investigation under the Privacy Act, led by Commissioner Angelene Falk.
Aussie Farms is notorious for launching an interactive satellite map pinpointing the addresses and details of almost 6000 Australian farms and agricultural businesses.
The Weekly Times recently revealed animal activist websites co-owned by Department of Foreign Affairs and Trade agriculture official Dr Julie Delforce, which formed the Aussie Farms website, even contained farmers’ birth places, birth dates and hometowns.
DFAT announced yesterday one of Australia’s largest law firms, Clayton Utz, would be investigating Dr Delforce’s connections to Aussie Farms and other animal activist websites.
If Commissioner Falk determines Aussie Farms has breached the Privacy Act she has the power to:
SEEK a Federal Court injunction to shut down the Aussie Farms map
DETERMINE that farmers on the map are entitled to compensation for loss or damage suffered, which includes injury to an individual’s feelings or humiliation suffered
BRING Federal Court proceedings to force Aussie Farms to pay that compensation
Victorian Farmers Federation president David Jochinke said farmers on the Aussie Farms map, which claims to pinpoint places of suspected animal cruelty, experienced injury to their feelings as well as humiliation, and deserved compensation.
“Anybody who has their personal details put on a national public map without any consent deserves full compensation,” he said.
“Hurt feelings are much more than a disgruntled person. It goes right to the heart of what they do and how they do it. If there was a court case against Aussie Farms, I would encourage everyone to be involved.”
Factors the OAIC considers when taking action include the number of people potentially affected, whether conduct was deliberate or reckless, any adverse consequences, and whether the conduct was isolated or systemic.
Assistant Charities Minister Zed Seselja slammed Aussie Farms as a “law-breaking” group after the ACNC revoked its charitable status.
On Monday, The Weekly Times questioned ACNC about why the Federal Government body granted Aussie Farms charitable status, when the ACNC’s own Governance Standards say charities must comply with Australian laws.
Just hours later, ACNC revoked Aussie Farms’ charity status.
MORE: AG OFFICIAL STOOD DOWN OVER ACTIVIST WEBSITES
DELFORCE LEAVES HIS FAMILY’S FARM OFF MAP
ALL THE SHOCKING REVELATIONS ABOUT AUSSIE FARMS
The Weekly Times can reveal the Aussie Farms website was a repository for more than 12,600 photos and over 200 videos from farm invasions and was seeking donations to finance “investigations”, “legal fees” and “verification of farm names and locations” when the ACNC approved its charity status in January 2018, prior to the group launching its infamous map.
The group will no longer be entitled to charity tax concessions, including income tax exemption, fringe benefits tax rebates and goods and services tax concessions.
ACNC Commissioner Dr Gary Johns said revocation of charity status was reserved for the most serious of cases.
On its website ACNC says “it would be appropriate to revoke the registration of an organisation established as a charity … as a front for conducting serious criminal activity”.
Mr Seselja said Aussie Farms, through its actions, had abused the privilege of being a charity.
“Political activists and organisations condoning criminal activities masquerading as charities corrodes Australian’s trust in charities overall,” he said.
Aussie Farms executive director Chris Delforce said “ACNC has chosen to revoke our charitable status following pressure from the animal agriculture industry”.