Commonwealth Consolidated Acts

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FREEDOM OF INFORMATION ACT 1982 - SECT 73

Information Commissioner investigations--discretion not to investigate

                   The Information Commissioner may decide not to investigate, or not to continue to investigate, a complaint about an action made under section 70 if the Information Commissioner is satisfied of any of the following:

                     (a)  that the action is not taken by an agency in the performance of the agency's functions or the exercise of the agency's powers under this Act;

                     (b)  that:

                              (i)  the complainant has or had a right to cause the action to be reviewed by the respondent agency, the Information Commissioner, a court or a tribunal; and

                             (ii)  the complainant has not exercised, or did not exercise, the right; and

                            (iii)  it would be, or would have been, reasonable for the complainant to exercise the right;

                     (c)  that:

                              (i)  the complainant has or had a right to complain about the action to another body; and

                             (ii)  the complainant has not exercised, or did not exercise the right; and

                            (iii)  it would be, or would have been, reasonable for the complainant to exercise the right;

                     (d)  that the complainant has complained to the respondent agency, and the respondent agency:

                              (i)  has dealt, or is dealing, adequately with the complaint; or

                             (ii)  has not yet had an adequate opportunity to deal with the complaint;

                     (e)  that the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith;

                      (f)  that the complainant does not have a sufficient interest in the subject matter of the complaint.

Note:          The Information Commissioner may make a decision under this section to investigate only part of a complaint (see section 71).



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