Leoncini and Migration Agents Registration Authority (Migration)

This matter concerned an application by Ms Leoncini to set aside a summons issued by the Administrative Appeals Tribunal. The summons sought the production of client files held by Ms Leoncini, a registered migration agent whose registration had been suspended. The core of the dispute revolved around whether the Australian Privacy Principles or provisions within the *Migration Act 1958* (Cth) prohibited the disclosure of this information.

The legal issues before Deputy J W Constance P were whether Privacy Principle 6.1(a) prevented Ms Leoncini from producing the client files, and whether the disclosure of information within those files would contravene the *Migration Act 1958*. Specifically, the court considered the definition of "identifying information" under section 336A of the Act and the circumstances under which its disclosure would constitute a "permitted disclosure" under section 336E(2).

The Deputy President found that Privacy Principle 6.1(a) did not preclude the production of the files. Regarding the *Migration Act*, the court noted that while the disclosure of "identifying information" could be an offence, section 336E(2)(ga) permits disclosure for the purpose of facilitating or expediting the exercise of powers or performance of functions by the Migration Agents Registration Authority. Given that the Authority's function included responding to a review application concerning Ms Leoncini's suspended registration, and that the Administrative Appeals Tribunal Act 1975 (Cth) required the Authority to assist the Tribunal, the disclosure of the client files was deemed a permitted disclosure.

Consequently, the application to set aside the summons was refused.