Vexatious RTI applicant declarations

In effect from: 16 April 2026

Under s 114 of the Right to Information Act 2009 (Qld) (RTI Act), the Information Commissioner can declare a person a vexatious applicant, either on their own initiative or upon an agency’s application.

This declaration limits a person’s right to access government information and is made only when there is a proper basis to do so. Declarations can include specific terms and conditions.

Key points for agencies

Vexatious applicant vs. vexatious application

• A vexatious applicant declaration applies to a person and restricts their ability to make future applications under the RTI Act for a specific timeframe.
• A decision that an application is vexatious applies only to a specific application and does not restrict future requests (see s 94(1)(a) of the RTI Act).

Criteria for declaring a vexatious applicant

The Information Commissioner must be satisfied that the person has repeatedly engaged in access or amendment actions and that one or more of the following applies:

• The actions involve an abuse of process.
• A specific action is or would be manifestly unreasonable.

Repeated engagement

• The person must have made multiple access or amendment requests (eg. access applications, internal/external reviews applications).
• Agencies should assess if the requests are repetitive; attempt to relitigate previously made requests; or lack reasonable justification.

Abuse of process

Abuse of process may include:

• Harassment or intimidation of agency staff or other persons.
• Unreasonable interference with agency operations (e.g., excessive resource diversion).
• Attempts to circumvent court-ordered restrictions on document access.

Manifestly unreasonable actions

• Requests that are clearly excessive, obsessive, or lack reasonable justification.
• Agencies should provide evidence of the unreasonable nature of the request, such as its impact on agency resources or operations.

Applying for a vexatious applicant declaration

Before applying

Agencies should consider the following before making an application:

• Behavioural patterns: Consider if the applicant’s conduct has already ceased or is likely to abate over time.
• Timeframes: Consider the time elapsed since the person’s last access or amendment action and the intervals between their previous actions.
• Grievance context: Determine if the application is part of a longstanding grievance or conflict with the applicant. If so, assess whether the agency’s service delivery approach has contributed to the issue.
• Use of agency powers: Ensure the agency has exercised its own powers under the RTI Act (eg refusing to deal with an application) before escalating the matter to the Information Commissioner.

The Information Commissioner’s discretion to declare an applicant vexatious will be used cautiously and sparingly. Agencies should not apply for a declaration as a substitute for using their own powers under the RTI Act.

What to include in an application

To assist the Information Commissioner in making a decision, agencies should provide as much evidence as possible. The application should include:

• Grounds for the application: Clearly outline the basis for the application, supported by detailed reasoning.
• Evidence: Provide copies of, or information about, access or amendment actions relied upon, including (where relevant):
• Submissions: Explain how the evidence supports the application, including the impact the applicant’s engagement has had on the agency. Include the following information (where relevant):
  • A summary of the access or amendment actions made by the applicant, and when they were received.
  • The number of documents or pages involved.
  • A description of the terms of the applications.
  • The outcomes of the access applications.
  • Details of any subsequent reviews.
  • Examples of communication from the applicant that could be said to be an abuse of action (for example, that evidence hostile communication by the applicant).
  • Statistics relating to the number of agency employees who are engaged to deal with access applications, and whether dealing with the applicant’s applications disproportionately affects the workload of agency staff member(s);
  • Statistics relating to the number of access applications received by the agency overall, and the number of access applications received from the applicant; and whether those application received from the applicant represent a disproportionately high number in comparison to all requests received;
  • Statistics relating to the amount of communication (i.e. telephone, email, and letter) received by the agency from the applicant; and whether this communication from the applicant represents a disproportionately high amount in comparison to all communication received by the agency;
  • Information relating to any incident(s) arising as a result of the applicant’s engagement with the agency;
  • Information as to measures the agency has put in place to manage the impact of the applicant’s conduct (for example, limitations on contact by the applicant);
  • Any other information that may be relevant to the Information Commissioner’s consideration of the application.

Processing the application

1. Initial review: The Information Commissioner will review the agency’s application and evidence. Additional information may be requested if necessary.
2. Applicant’s response: The respondent (the person the agency seeks to have declared vexatious) will be advised that the Information Commissioner has received a request to consider declaring them vexatious, and is considering exercising that power. The respondent will be advised of the content of the agency’s application, and the evidence provided by the agency. This may be comprised of a full copy of the application and evidence, or an abridged version, at the Information Commissioner’s discretion. The respondent will be invited to provide submissions in response.
3. Agency’s reply: The respondent’s submissions will be shared with the agency for consideration and further response, if required.
4. Oral hearing: The Information Commissioner may hold an oral hearing to allow both parties to present their case and provide directions on how the application will proceed. Whether to hold an oral hearing is at the discretion of the Information Commissioner.

Additional considerations for agencies

• Agencies should ensure their service delivery approach has not contributed to the applicant’s behaviour.
• Agencies should be mindful of their lawful obligations in service delivery, anti-discrimination and human rights legislation.

The decision

• After reviewing all evidence and submissions, the Information Commissioner will decide whether to declare the person a vexatious applicant.
• If approved, the declaration will restrict the applicant’s ability to make further applications to the agency, for a specified period of time. Written notice of the decision, including any terms and conditions, will be provided to both the agency and the applicant.
• The Information Commissioner, through their consideration of the matter, may decide to include other agencies in the vexatious applicant declaration; if they do so, the applicant will similarly be prevented from making access applications to those agencies for the period of time specified in the declaration.
• If the application is denied, the Information Commissioner will provide written reasons for the decision.

Right of review

A person subject to a vexatious applicant declaration can apply to the Queensland Civil and Administrative Tribunal (QCAT) for a review of the decision. Only the person subject to the declaration can apply for this review.

Varying or revoking a declaration

The Information Commissioner may vary or revoke a vexatious applicant declaration on their own initiative or upon application by the person subject to the declaration.

If the applicant seeks to have the declaration varied or revoked, they must submit a written application to the Information Commissioner outlining their reasons.

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