$28,000. That's the sum the Victorian Civil and Administrative Tribunal ordered paid to Joanna Adams after finding Victoria Police unlawfully disclosed her pregnancy. The ruling tied the award to breaches of the Health Records Act and the Charter of Human Rights and Responsibilities Act and said the disclosure harmed Ms Adams' privacy and emotional wellbeing. The decision reaches beyond one case, affecting how police handle sensitive health information and who can seek accountability when internal practices intersect with private medical data.

Five years. That's how long Victoria Police resisted Ms Adams' challenge, mounting a prolonged legal defence that included senior counsel, only for the tribunal to find the force's conduct unlawful.

Tribunal finds unlawful disclosure of health information

The Victorian Civil and Administrative Tribunal concluded that Ms Adams suffered compensable loss when a detective sergeant told a witness in a criminal investigation that she was seven weeks pregnant. Senior Member Anita Smith wrote that she couldn't be satisfied the officer "reasonably believed that it was reasonably necessary" to disclose Ms Adams' health information to progress the investigation, and that the disclosure contravened the Health Records Act and interfered with Ms Adams' rights under the Charter of Human Rights and Responsibilities Act.

The tribunal tied the $28,000 award to breaches of those statutory protections and to the privacy and emotional harm Ms Adams experienced. VCAT noted the decision directly affects Victoria Police, people whose private health information is handled by non-health agencies, and anyone seeking accountability when police internal practices intersect with sensitive medical information.

The disclosure followed the 2021 arrest of Ms Adams' husband, Andrew Adams. He had been charged after Victoria Police discovered he had used internal police systems to contact and instigate romantic and sexual relationships with vulnerable women he met through his work. Days after that arrest, a witness in the criminal investigation tracked down Joanna Adams and told her the detective had said she was pregnant.

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Ms Adams told VCAT she had only completed her first ultrasound on that same day and described the revelation as "devastating to say the least." She later reported life-changing stress and anxiety and said one of her babies then died.

VCAT's written decision criticised Victoria Police's legal tactics and the force's failure to meet the necessary threshold for disclosing health information in a non-health setting. The tribunal said the force had taken away the "joy" from what should have been a joyous occasion in Ms Adams' life and reaffirmed her right to control when and to whom she disclosed her pregnancy. The tribunal awarded general damages of $28,000.

Criminal sentence and process questions for the force

Last week, separate to the privacy ruling, Andrew Adams pleaded guilty to four counts of misconduct in public office and was sentenced to five months' imprisonment and a 12-month community corrections order. Both the criminal sentence and the tribunal's findings highlighted that Victoria Police's internal processes and the use of officer-held information were central to these outcomes.

The tribunal's findings emphasise that law enforcement agencies must observe statutory protections when handling health information, even where investigative needs are asserted. VCAT made clear that the force's prolonged legal defence didn't excuse the disclosure.

Joanna Adams has waived her right to privacy to speak publicly about the case as part of her effort to secure accountability. The tribunal's written findings and the criminal sentence against her husband are the most recent concrete developments reported.

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VCAT awarded Ms Adams $28,000; her husband was jailed five months.

This article was created with AI assistance.