Jarrod Alexander McLean v Racing Victoria Limited(ACN 096 917 930) and State of Victoria

Jarrod Alexander McLean sought judicial review of the decision by Racing Victoria Limited and the State of Victoria to disqualify him from participating in horse racing. The dispute centred around the admissibility of information obtained by police via search warrants and whether such information could be disclosed to a third party regulator. The Court was required to determine if section 465 of the Crimes Act 1958 contained an implied duty of confidentiality concerning information derived from items seized. Additionally, the Court considered whether the disclosure to the regulator was permissible under the Privacy and Data Protection Act 2014.

The Court examined the common law duties and powers of police in relation to confidential information obtained during criminal investigations. It considered whether there was an implied duty of confidentiality in section 465 of the Crimes Act 1958 and whether such a duty would preclude disclosure to a third party regulator. The Court also evaluated whether the disclosure to the regulator was authorised under the Privacy and Data Protection Act 2014, specifically examining Information Privacy Principle 2.1(e), (f), and (g). The Court found that the disclosure was permissible and did not breach any implied duty of confidentiality.

The Court concluded that the information obtained by police via search warrants could be disclosed to the third party regulator without breaching any implied duty of confidentiality under section 465 of the Crimes Act 1958. Furthermore, the disclosure was not prohibited by the Privacy and Data Protection Act 2014. Consequently, the decision to disqualify Jarrod Alexander McLean from participating in horse racing was upheld.

The final orders of the Court dismissed the application for judicial review and upheld the decision of Racing Victoria Limited and the State of Victoria to disqualify Jarrod Alexander McLean from participating in horse racing.