Overview of Section 77 FOI Act

Section summary

The Information Commissioner may decide not to deal, or to continue to deal, with all or part of an application for review if:

• the application, or part of the application, is frivolous, vexatious, misconceived or lacking substance
• the applicant does not comply with a direction given by the Information Commissioner
• the applicant unreasonably does not cooperate in progressing the application, or part of the application; or
• the address given for external review is no longer accurate and the applicant has not provided a new address.

Background

Section 77 of the FOI Act was amended on 1 September 2005¹ to make it clear that the Information Commissioner is entitled to exercise this power in respect of all or part of an application for review.

The amendments also gave the Information Commissioner the power to decide not to deal with all or part of an application in various circumstances other than if the application is frivolous, vexatious, misconceived or lacking in substance.

Other relevant FOI Act sections

Section 96A FOI Act
The Information Commissioner may make a declaration that an applicant is a vexatious applicant.

Section 72 FOI Act
The Information Commissioner may give directions as to the procedure and conduct of external reviews.

Section 83 FOI Act
The Information Commissioner may obtain information from and make inquiries of such persons as the Information Commissioner considers appropriate, for the purpose of review.

Sections 85 and 94 FOI Act
The Information Commissioner may give a person written notice requiring that person to provide information or a document or attend before the Information Commissioner if the Information Commissioner has reason to believe the information, document or attendance is relevant to an external review. It is an offence not to comply with a written notice of the Information Commissioner under section 94 of the FOI Act. Section 87 FOI Act
The Information Commissioner may give directions to avoid disclosing matter that is claimed to be exempt or claimed to be information of the kind mentioned in section 35 of the FOI Act.

¹Freedom of Information and Other Legislation Amendment Act 2005 (Qld). [up]