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FREEDOM OF INFORMATION ACT 1982 - SECT 89L Vexatious applicants--grounds for declaration

FREEDOM OF INFORMATION ACT 1982 - SECT 89L

Vexatious applicants--grounds for declaration

  (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.

  (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.

  (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.

  (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.