Document ID: chunk:federal_register_of_legislation:C2012C00866:clause:4_89l
Version: federal_register_of_legislation:C2012C00866
Segment Type: clause
Provision Reference: sch 4 cl 89L
Character Range: 181948–183344

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.