110Orders to restrain making of unmeritorious access applications

#### 110 Orders to restrain making of unmeritorious access applications 110 Orders to restrain making of unmeritorious access applications > > (1) NCAT may order that a person is not permitted to make an access application without first obtaining the approval of NCAT (a restraint order) if NCAT is satisfied that— > > > > > (a) at least 3 access applications (to one or more agencies) in the previous 2 years have been made that lack merit, and > > > > > (b) the applications were made by the same person or by any other person acting in concert with the person. > > > (2) An access application is to be regarded as lacking merit if— > > > > > (a) the agency decided the application by refusing to deal with the application in its entirety, or > > > > > (b) the agency decided the application by deciding that none of the information applied for is held by the agency, or > > > > > (c) the access applicant’s entitlement to access lapsed without that access being provided (including as a result of failure to pay any processing charge payable). > > > (3) A restraint order may be made to apply to all access applications made by the person the subject of the order or may be limited by reference to any one or more of the following— > > > > > (a) a specific time period, > > > > > (b) a specific number of applications, whether in total or to particular agencies, > > > > > (c) particular kinds of information, > > > > > (d) particular agencies. > > > (4) A person who is subject to a restraint order cannot apply to NCAT for approval to the making of an access application by the person without first serving notice of the application for approval on the agency concerned and the Information Commissioner. > > > (5) An application for a restraint order against a person may be made by an agency that receives an access application from the person (whether or not the agency has decided the application) or by the Minister or the Information Commissioner. > > > (5A) In deciding whether to approve the making of an access application by a person the subject of a restraint order, NCAT is to consider, without limitation, any of the following— > > > > > (a) whether the proposed application is lacking in merit, > > > > > (b) whether the proposed application is frivolous, vexatious, misconceived or lacking in substance, > > > > > (c) whether the applicant has engaged in conduct designed to harass, to cause delay or detriment, or to achieve another wrongful purpose. > > > (6) NCAT may order that a person who is the subject of a restraint order is not permitted to apply to NCAT for approval to make an access application if NCAT is satisfied that the person has repeatedly made applications for approval that are lacking in substance. > > > (7) While a restraint order is in force against a person, any application for government information made to an agency in contravention of the order is not a valid access application. > > **s 110:** Am 2013 No 95, Sch 2.69 \[6\]; 2018 No 89, Sch 1 \[31\]–\[33\].