Commonwealth Consolidated Acts

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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.



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