Telling it like it really is.
Okay, so that's the law guys! Nothing to discuss here!
In this case, according to the description of the photo which we were given and interpreting the summary of the law which we were shown, I think it's pretty clear that the photo lab AND the police applied that law incorrectly.
Incorrect, negligent and/or discriminatory application of a law against one person for arbitrary reasons is a redressable offense.
Yes, this is Australian law but I'll say it again. It doesn't matter if you're in Adelaide or Albuquerque. You can't just make up laws and you can't decide when to apply them. You have to go by what is written.
According to what I read, the laws in question were interpreted incorrectly, applied incorrectly and, in my opinion, they were applied NEGLIGENTLY.
As a photo lab owner in Australia and someone who has been a printer in various other labs over 15 years I believe to the core the way this photo lab acted is a disgrace that shows a shocking lack of judgement. If I as a client were subjected to such an event I would be on the phone to legal representation and suing both the individual and the lab for defamation of character. If you flip though many photo albums your guaranteed to find nudie shots parents have innocently made of their children without a single thought of any sexual aspects. They are simply moments of life documentation. Should my parents have been notified to the police when the lab person printed this image of me?
I feel embarrassed a lab in Australia behaved the way it did.
~Stone | Sent w/ iPhone using Tapatalk
Awww... what a cute baby!
And, for the record, I think the lab's judgement was very questionable and the police decision to destroy the slide was actionable. If it was not evidence of a crime, then it should have been returned. If it was evidence of a crime, then it should have been logged as evidence. There's no allowance in the law for items to be destroyed without due process. And this wasn't. My two cents.
Also, the photo lab doesn't apply the law; their responsibility is to obey the law. As far as I know, calling the police to report what you believe may be a crime isn't a redressable offense if you're wrong. The police, OTOH, have no excuse.