INFORMATION PRIVACY ACT 2009 - SECT 127 Vexatious applicants

INFORMATION PRIVACY ACT 2009 - SECT 127

127 Vexatious applicants

(1) The information commissioner may, on the commissioner’s own initiative or on the application of 1 or more agencies, declare in writing that a person is a vexatious applicant.

(2) The commissioner may make the declaration in relation to a person only if the commissioner is satisfied that—

(a) the person has repeatedly engaged in access or amendment actions; and

(b) 1 of the following applies—

(i) the repeated engagement involves an abuse of process for an access or amendment action;

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

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

(3) The information commission must not make the declaration in relation to a person without giving the person an opportunity to make written or oral submissions.

(4) A declaration has effect subject to the terms and conditions, if any, stated in the declaration.

(5) Without limiting the conditions that may be stated, a declaration may include a condition that the vexatious applicant may make an access or amendment application, an internal review application or an external review application only with the written permission of the commissioner.

(6) The commissioner may publish—

(a) a declaration and the reasons for making the declaration; and

(b) a decision not to make a declaration and the reasons for the decision.

(7) The commissioner may publish the name of a person the subject of a declaration under subsection (1) when publishing the declaration and the reasons for making it.

(8) In this section—


"abuse of process" , for an access or amendment action, includes, but is not limited to, the following—

(a) harassing or intimidating an individual or an employee of an agency in relation to the access or amendment action;

(b) unreasonably interfering with the operations of an agency in relation to the access or amendment action;

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

"access or amendment action" means any of the following—

(a) an access application;

(b) an amendment application;

(c) an internal review application;

(d) an external review application.

"agency" includes a Minister.


"engage" , for an access or amendment action, means make the access or amendment action.