96A Vexatious applicants

(1) The commissioner may declare in writing that a person is a vexatious applicant.

(2) The commissioner may make the declaration on the commissioner’s own initiative or on the application of 1 or more agencies.

(3) The commissioner may make a declaration only if the commissioner is satisfied that—

(a) the person has made repeated applications under this Act in relation to the agency or agencies; and

(b) the repeated applications involve an abuse of the right of access, amendment or review under this Act.

(4) For subsection (3)(b), repeated applications involve an abuse of the right of access, amendment or review if, for example, the applications were made for the purpose, or have had the effect, of—

(a) harassing or intimidating an individual or an employee or employees of the agency or agencies; or

(b) unreasonably interfering with the operations of the agency or agencies.

(5) The commissioner must not make a declaration in relation to a person without hearing the person and giving the person an opportunity of being heard.

(6) A declaration has effect subject to the terms and conditions, if any, stated in the declaration.

(7) Without limiting the conditions that may be stated, a declaration may include a condition that the vexatious applicant may make an application for access under section 25, an application for amendment under part 4 or an application for review under section 52, 60 or 73 only with the written permission of the commissioner.

(8) In this section—

agency includes a Minister.