RIGHT TO INFORMATION ACT 2009 - SECT 114
Vexatious applicants
RIGHT TO INFORMATION ACT 2009 - SECT 114
Vexatious applicants
114 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—
(iii)
a particular access action in which the person engages would be manifestly
unreasonable.
(3) The commissioner 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 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 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 action;
(b) unreasonably interfering with
the operations of an agency in relation to the access action;
(c) seeking to
use the Act for the purpose of circumventing restrictions on access to a
document or documents imposed by a court.