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INFORMATION PRIVACY ACT 2009 - SECT 127
Vexatious applicants
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.
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