Commonwealth Consolidated Acts

FREEDOM OF INFORMATION ACT 1982 - SECT 73

    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).