In effect from: 16 April 2026

What is a vexatious applicant declaration?

Under section 114 of the Right to Information Act 2009 (RTI Act), the Information Commissioner can declare someone a vexatious applicant.

This means the person may face restrictions on their ability to request access to government information.

This type of declaration is only made when there is a proper reason and is not taken lightly, as it limits a person’s right to access government information.

What does it mean to be declared a vexatious applicant?

If you are declared a vexatious applicant:

  • You may be restricted from making further requests for information, or amendment of information, under the RTI Act, to a particular agency, for a specified period of time.
  • You may need to get permission from the Information Commissioner before making any new requests.
  • The declaration may come with specific terms and conditions about what you can and cannot do.

The vexatious applicant declaration will be valid for a specified timeframe. During that time, you cannot make any requests under the RTI Act to access information, or amend information to any agency named in the declaration. If you continue to make RTI requests for information to a specified agency, they will not be actioned.

After the timeframe in the declaration has expired, you will be able to make requests for information under the RTI Act.

How does this differ from a vexatious application?

A vexatious application refers to a specific request for information that is considered unreasonable or an abuse of process (see section 94(1)(a) of the RTI Act). It is specific to a particular request. This is different from being declared a vexatious applicant, which applies to the person and can restrict their ability to make future requests.

When can someone be declared a vexatious applicant?

The Information Commissioner must be satisfied that:

  1. The person has repeatedly made requests for access to, or amendment of, information.
  2. At least one of the following applies:
    • The requests involve an abuse of process for an access or amendment requests;
    • A specific access or amendment request involves, or would involve, an abuse of process;
    • A specific access or amendment request would be manifestly unreasonable.

What Counts as an Abuse of Process?

Examples of abuse of process include:

  • Harassment or intimidation of agency staff (eg making threats or personal attacks) in relation to an access or amendment request;
  • Unreasonable interference with an agency’s work (eg submitting so many requests that it disrupts an agency’s ability to carry out its usual functions, including the impact on processing other access or amendment requests);
  • Using the RTI Act to avoid court restrictions on accessing certain documents.

These examples are not exhaustive. You may wish to read previous vexatious applicant declarations to see the type of behaviour that has been considered sufficient to warrant the issuing of a vexatious applicant declaration.

What does "manifestly unreasonable" mean?

A request is considered manifestly unreasonable if it is clearly excessive, obsessive, or lacks a reasonable purpose. For example:

  • Repeatedly asking for the same documents without a valid reason.
  • Making requests that require a large amount of an agency’s time and resources to process.

What happens if an agency applies to have me declared a vexatious applicant?

  1. The agency’s application:
    • The agency will submit an application to the Information Commissioner, explaining why it believes you should be declared a vexatious applicant.
    • The agency must provide sufficient and relevant information to support its application, such as details of your past requests and how they have impacted the agency and staff.
  2. Your opportunity to respond:
    • You will receive a copy of the agency’s application and supporting information.
    • You will be given a chance to respond and explain your side of the story.
  3. The decision:
    • The Information Commissioner will review all relevant information and submissions.
    • They may seek further information for you and/or the agency before making a decision or hold a hearing to allow both sides to present their case.
    • If the declaration is made, you will receive written notice explaining the decision and any conditions that apply.
    • A copy of the declaration will be sent to any agencies subject to the declaration.
    • The declaration will be deidentified and published on the Office of the Information Commissioner’s website.

What happens if the Information Commissioner decides to declare me a vexatious applicant on their own initiative?

  1. The Information Commissioner’s own initiative:
    • The Information Commissioner may consider your engagement with the Office of the Information Commissioner and also with agencies.
    • The Information Commissioner may seek submissions from agencies, and request information from agencies, such as details of your past requests and how they have impacted the agency and staff. The Information Commissioner may take this information into account when deciding whether to declare you a vexatious applicant.
  2. Your opportunity to respond:
    • You will receive notification that the Information Commissioner is considering declaring you a vexatious applicant, and the reasons why.
    • You will be given a chance to respond and explain your side of the story.
    • The Information Commissioner may ask you and/or the agency to provide further information before making a decision or hold a hearing to allow you and the agency to present your case.
    • The Information Commissioner will not make a decision before giving you a reasonable opportunity to respond.
  3. The decision:
    • The Information Commissioner will review all information and submissions received.
    • If the declaration is made, you will receive written notice explaining the decision and any conditions that apply.
    • A copy of the declaration will be sent to any agencies to which the declaration applies.
    • The declaration will be deidentified and published on the Office of the Information Commissioner’s website.

What can I do if I am declared a vexatious applicant?

If you are declared a vexatious applicant you can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of the decision.

You can find more information on the QCAT website or by contacting QCAT on 1300 753 228.

You can also ask the Information Commissioner to vary or revoke the declaration. To do this, you need to submit a written application explaining why the declaration should be changed or removed.

What should I keep in mind?

The Information Commissioner will only make a vexatious applicant declaration in serious cases where there is clear evidence of repeated and unreasonable behaviour by an applicant.

If you are unsure about your rights or need help responding to an application, you may wish to seek legal advice.

Previous vexatious applicant declarations

The following examples of vexatious applicant declarations made by the Information Commissioner may assist agencies in determining the type of material that should be included in an application to the Information Commissioner to declare a person vexatious.

  • Information Commissioner and Respondent [2025] QICmr 99 (16 December 2025)
  • Information Commissioner and Respondent [2021] QICmr 70 (20 December 2021)
  • Queensland Police Service and Respondent [2020] QICmr 53 (21 September 2020)
  • Applicant - Gold Coast Hospital and Health Service - Declaration date 6 May 2020
  • Moreton Bay Regional Council and Respondent [2020] QICmr 21 (8 April 2020)
  • Applicant - Cairns and Hinterland Hospital and Health Service - Declaration date 26 October 2017
  • Applicant - University of Queensland - Declaration date 27 February 2012

Vexatious applicant declarations that have been reviewed by QCAT

  • Frost v Gold Coast Hospital and Health Services & Anor [2021] QCAT 133