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Labor uses man's image without consent
3AW Morning Producer Justin Smith details how a severely disabled man's image has been used on a Labor Party leaflet without his permission.
The family of a mentally disabled man living in an aged care facility are furious his image is being used in ALP election pamphlets without permission.
He features in a photo alongside Julia Gillard in a pamphlet urging people to postal viote.
The ALP says he gave permission but his family says they are his legal guardian, and they weren't approached.
The first time the family were made aware that his image was being circulated on this flyer was when it turned up in the mail.
The family say that they contacted the Labor party and were hung up on. When they did speak with someone at the Labor party camp they were told that they did have permission to use this image, despite the family claiming otherwise.
PLAYING NOW: Listen to the interview with 'Margaret', the daughter-in-law with this man.

Blog comments
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Why Labor threw a second term away?
People need better resources supported of lives
A letter regarding â??Shaping a Healthy and Wealthy Future for Australia â??sent to The Prime Minister Kevin Rudd on 29 October 2009.
My â??Health Olympic Australiaâ?? project will not only assist the Australian Government to shape a better health system for Australians but will also improve the general health of Australians. This will put Australia in a strong position for long term wealth generation and prosperity.
â??The China Projectâ?? is referred â??The China Studyâ?? outcome conducted jointly by Cornell University, Oxford University, and the Chinese Academy of Preventive Medicine over the course of twenty years.
Prime Minister, the steps that will allow Australia to pioneer in achieves the worlds â??Health Economyâ?? is by Australia:
â?¢ Inventing health improvement patterns;
â?¢ Growing high antioxidant healthy grains and plants;
â?¢ Manufacturing high antioxidant healthy grain powder products;
â?¢ Exporting its health improvement knowledge and pattern; and
â?¢ Exporting health improvement resources (including human resources).
The highest regards
Ma kee wai
(Member of Inventor Association Queensland since 1993)Masealake Tuesday 24 August, 2010 - 11:09 AM -
Have just listened to Margaret. The 'abuse' of people in Aged Care Facilities is abhorant. Enduring Powers of Attorney always overide any decision which facilities have chosen to make independently. An excellent Advocacy service (for support/information) that is available is Elder Rights Advocacy - in Melbourne 96023066 or 1800 700 600. I can strongly recommend as I have needed to muddle through situations which eventually ended up with the office of the Aged Care Commissioner and in turn the Facility was found to be in Breach on several matters. Residents in Aged Care Facilities are funded by the Government and hence need to be held accountable.
All the best!Maria Wednesday 28 July, 2010 - 10:37 AM -
If the man is truly severely mentally disabled, surely somebody in Gillard's team should have realised that he was not competent to provide a release. Sounds to me like they exploited a very vulnerable person.
Jay Tuesday 27 July, 2010 - 2:34 PM -
another disgraceful act by Labor, acting before they think!
alexas Tuesday 27 July, 2010 - 12:52 PM -
This man is donor of the power given to the attourney who is responsible for enduring power of attourney both medical and financial and yes the atourney should have been contacted for permission.
I see where children are greeted by the prime Minister in schools and hope the parents of all children pictured with the Prime Minister have given their permission for their children to have their photograph taken and have not heard any case where parents have complained that no permission was so given.
I cant believe that the attourney in this case would have any compliant if a family member had a pic taken with the nations leader and surely that is an honour in it self.
What does the donor think here, has he a right to express an opinion or does only the said attuorney so appointed by the said donor has the only opinion here.Donald Swan Walker Tuesday 27 July, 2010 - 9:56 AM -
Guys, when I was a young bloke I used to shoot the mothers and babies pictures at the local hospital - the staff there made absolutely sure everything was ok before I got anywhere near a patient's room. Where were the aged care facility's managers when a politician, a photographer and the usual gaggle of hangers on walked in? It's not like you wouldn't notice it happening!
PetePJ Bear Tuesday 27 July, 2010 - 9:15 AM





