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McLean, Jason Alexander v Racing Victoria Ltd (ACN 096 917 930) & State of Victoria [2020] VSCA 234

SEARCH AND SEIZURE, POLICE, PRIVACY
Victorian Court of Appeal
Judge(s): 
Tate, McLeish and Niall JJA
Parties: 

McLean, Jason Alexander v Racing Victoria Ltd (ACN 096 917 930) & State of Victoria

Judgment Date: 
10 September 2020
Catchwords: 

SEARCH AND SEIZURE - Restrictions on use of information obtained by police via search warrants - Whether and in what circumstances information can be provided to third party regulator - Whether Crimes Act 1958 s 465 contains implied duty of confidentiality with respect to information derived from things seized - Smethurst v Commissioner of Police (2020) 94 ALJR 502, [2020] HCA 14 considered - Johns v Australian Securities Commission (1993) 178 CLR 408; [1993] HCA 56 considered - Australian Securities and Investments Commission v Rich (2005) 188 FLR 416; [2005] NSWSC 62 considered - Williams v Keelty (2001) 111 FCR 175; [2001] FCA 1301 considered - Woolgar v Chief Constable of Sussex Police [2000] 1 WLR 25 considered - Flori v Commissioner of Police [2015] 2 Qd R 497; [2014] QSC 284 considered - Marcel v Commissioner of Police of the Metropolis [1992] Ch 225 considered - Director of Public Prosecutions v Zierk (2008) 184 A Crim R 582; [2008] VSC 184 considered.

POLICE - Common law powers and duties of police in relation to confidential information obtained during criminal investigations.

PRIVACY - Whether disclosure to third party regulator was permitted under Privacy and Data Protection Act 2014 Information Privacy Principle 2.1(e), (f) or (g).

Citation: