FREEDOM OF INFORMATION ACT 1982

PART VIII - MISCELLANEOUS  

Division 1 - Vexatious applicants  

SECTION 89L   Vexatious applicants - grounds for declaration  

89L(1)  
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.

89L(2)  
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.

89L(3)  
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.

89L(4)  
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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