Division 1 - Vexatious applicants  

SECTION 89L   Vexatious applicants - grounds for declaration  

The Information Commissioner may make a vexatious applicant declaration in relation to a person only if the Information Commissioner is satisfied of any of the following:

(a) that:

(i) the person has repeatedly engaged in access actions; and

(ii) the repeated engagement involves an abuse of the process for the access action;

(b) a particular access action in which the person engages involves, or would involve, an abuse of the process for that access action;

(c) a particular access action in which the person engages would be manifestly unreasonable.

A person engages in an access action if the person does any of the following:

(a) makes a request;

(b) makes an application under section 48 ;

(c) makes an application for internal review;

(d) makes an IC review application.

The Information Commissioner must not make a declaration in relation to a person without giving the person an opportunity to make written or oral submissions.

In this section:

abuse of the process for an access action
includes, but is not limited to, the following:

(a) harassing or intimidating an individual or an employee of an agency;

(b) unreasonably interfering with the operations of an agency;

(c) seeking to use the Act for the purpose of circumventing restrictions on access to a document (or documents) imposed by a court.


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