Freedom of Information Act 1982


Division 1 - Vexatious applicants  

SECTION 89K   Vexatious applicants - declaration  

The Information Commissioner may, by written instrument (a vexatious applicant declaration ), declare a person to be a vexatious applicant.

Note 1:

Section 89L sets out the grounds on which a declaration may be made.

Note 2:

For variation and revocation of the instrument, see subsection 33(3) of the Acts Interpretation Act 1901 .

The Information Commissioner may make a declaration:

(a) on the application of an agency or Minister; or

(b) on the Information Commissioner's initiative.

If an agency or Minister has applied for a declaration, the agency or Minister has the onus of establishing that the Information Commissioner should make the declaration.

The Information Commissioner must, as soon as practicable, give written notice to the person in relation to whom the vexatious applicant declaration is made.

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