Freedom of Information Act 1982

PART VIII - MISCELLANEOUS  

Division 1 - Vexatious applicants  

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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 89N  

89N   Vexatious applicants - review by Tribunal  

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An application may be made to the Tribunal for a review of a decision under section 89K of the Information Commissioner to make a vexatious applicant declaration.

Note 1:

An application for the review of a decision may be made by a person whose interests are affected by the decision (see section 27 of the Administrative Appeals Tribunal Act 1975 .

Note 2:

Subsection 29(2) of the Administrative Appeals Tribunal Act 1975 sets out the time within which the application for review must be made.

Note 3:

Section 30 of the Administrative Appeals Tribunal Act 1975 sets out who the parties are to a proceeding before the Tribunal.

[ CCH Note: S 89N will be amended by No 38 of 2024, s 3 and Sch 4 items 78 - 80, by substituting " section 17 of the Administrative Review Tribunal Act 2024 " for " section 27 of the Administrative Appeals Tribunal Act 1975 " in note 1, " Section 18 of the Administrative Review Tribunal Act 2024 deals with " for " Subsection 29(2) of the Administrative Appeals Tribunal Act 1975 sets out " in note 2 and " Section 22 of the Administrative Review Tribunal Act 2024 " for " Section 30 of the Administrative Appeals Tribunal Act 1975 " in note 3, effective at the same time as the Administrative Review Tribunal Act 2024 commences. However, the provisions do not commence at all if that Act does not commence.]

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History

S 89N 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.

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