Aboriginal Legal Service & Mills- Re Ausn Securities Commission

This matter concerned an application by the Aboriginal Legal Service and Mr Mills for an order that the Australian Securities Commission (ASC) provide them with certain documents. The application was heard by Gaudron J in chambers.

The primary legal issue before the Court was whether the ASC was obliged to disclose documents to the Aboriginal Legal Service and Mr Mills, notwithstanding the confidentiality provisions contained within the *Australian Securities Commission Act 1989* (Cth). Specifically, the Court had to consider the scope of the exceptions to these confidentiality provisions, particularly those relating to the performance of the ASC's functions and the administration of justice.

Gaudron J considered the purpose and effect of section 127 of the *Australian Securities Commission Act 1989* (Cth), which imposes strict confidentiality obligations on the ASC regarding information obtained in the performance of its functions. Her Honour found that while the ASC generally cannot disclose such information, exceptions exist where disclosure is necessary for the performance of its functions or for the administration of justice. In this instance, the Court determined that the documents sought were relevant to proceedings in which the Aboriginal Legal Service and Mr Mills were involved, and that disclosure was necessary for the proper administration of justice in those proceedings.

The Court ordered that the ASC provide the requested documents to the Aboriginal Legal Service and Mr Mills, subject to appropriate undertakings regarding their use and confidentiality.