Freedom of Information Act 1982

PART VIII - MISCELLANEOUS  

Division 1 - Vexatious applicants  

View history reference

 View history note

 Hide history note

History

Div 1 inserted by No 51 of 2010, Sch 4 item 50, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

SECTION 89K   Vexatious applicants - declaration  

View history reference

89K(1)    
The Information Commissioner may, by written instrument (a vexatious applicant declaration ), declare a person to be a vexatious applicant.

Note 1:

Section 89L sets out the grounds on which a declaration may be made.

Note 2:

For variation and revocation of the instrument, see subsection 33(3) of the Acts Interpretation Act 1901 .

89K(2)    
The Information Commissioner may make a declaration:

(a) on the application of an agency or Minister; or

(b) on the Information Commissioner's initiative.

89K(3)    
If an agency or Minister has applied for a declaration, the agency or Minister has the onus of establishing that the Information Commissioner should make the declaration.

89K(4)    
The Information Commissioner must, as soon as practicable, give written notice to the person in relation to whom the vexatious applicant declaration is made.

 View history note

 Hide history note

History

S 89K inserted by No 51 of 2010, Sch 4 item 50, applicable in relation to requests for access made under section 15 of the Freedom of Information 1982 that are received at or after 1 November 2010; and applications under section 48 of that Act that are received at or after 1 November 2010.

Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited

CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.

The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.