QLDIn ForceAct
Local Government Act 2009
sec.150AWAVexatious complainants
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### sec.150AWA Vexatious complainants
The assessor may declare that a person is a vexatious complainant for the period, of not more than 4 years, stated in the declaration.
The assessor may make the declaration in relation to a person only if the assessor is satisfied that—
the person has repeatedly made complaints under this chapter; and
at least 3 of the complaints made by the person—
have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or
have been made other than in good faith.
Before making the declaration, the assessor must—
give the person a reasonable opportunity to make a submission about the proposed declaration; and
consider any submission made by the person.
If the assessor decides to make the declaration, the assessor must give the person an information notice about the decision.
The assessor may publish a notice, in the way the assessor considers appropriate, that states—
the name of the person; and
the person has been declared a vexatious complainant; and
the reasons for the declaration; and
the day the declaration ends.
For subsection (2) (b) (ii) , complaints made other than in good faith include, for example, the following—
complaints made for a mischievous purpose or made maliciously;
complaints that are an abuse of process for making complaints under this chapter;
making a complaint after an avoidable delay for a mischievous purpose
complaints made to harass, annoy or cause detriment;
complaints made on grounds that lack substance or credibility.
In this section—
make , a complaint to the assessor, means—
make a complaint to the assessor under section 150O ; or
make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor.
s 150AWA ins 2023 No. 30 s 67
(sec.150AWA-ssec.1) The assessor may declare that a person is a vexatious complainant for the period, of not more than 4 years, stated in the declaration.
(sec.150AWA-ssec.2) The assessor may make the declaration in relation to a person only if the assessor is satisfied that— the person has repeatedly made complaints under this chapter; and at least 3 of the complaints made by the person— have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or have been made other than in good faith.
(sec.150AWA-ssec.3) Before making the declaration, the assessor must— give the person a reasonable opportunity to make a submission about the proposed declaration; and consider any submission made by the person.
(sec.150AWA-ssec.4) If the assessor decides to make the declaration, the assessor must give the person an information notice about the decision.
(sec.150AWA-ssec.5) The assessor may publish a notice, in the way the assessor considers appropriate, that states— the name of the person; and the person has been declared a vexatious complainant; and the reasons for the declaration; and the day the declaration ends.
(sec.150AWA-ssec.6) For subsection (2) (b) (ii) , complaints made other than in good faith include, for example, the following— complaints made for a mischievous purpose or made maliciously; complaints that are an abuse of process for making complaints under this chapter; making a complaint after an avoidable delay for a mischievous purpose complaints made to harass, annoy or cause detriment; complaints made on grounds that lack substance or credibility.
(sec.150AWA-ssec.7) In this section— make , a complaint to the assessor, means— make a complaint to the assessor under section 150O ; or make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor.
- (a) the person has repeatedly made complaints under this chapter; and
- (b) at least 3 of the complaints made by the person— (i) have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or (ii) have been made other than in good faith.
- (i) have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or
- (ii) have been made other than in good faith.
- (i) have been dismissed by the assessor as being frivolous or vexatious complaints under section 150SD (3) (b) or 150X ; or
- (ii) have been made other than in good faith.
- (a) give the person a reasonable opportunity to make a submission about the proposed declaration; and
- (b) consider any submission made by the person.
- (a) the name of the person; and
- (b) the person has been declared a vexatious complainant; and
- (c) the reasons for the declaration; and
- (d) the day the declaration ends.
- (a) complaints made for a mischievous purpose or made maliciously;
- (b) complaints that are an abuse of process for making complaints under this chapter; Example— making a complaint after an avoidable delay for a mischievous purpose
- (c) complaints made to harass, annoy or cause detriment;
- (d) complaints made on grounds that lack substance or credibility.
- (a) make a complaint to the assessor under section 150O ; or
- (b) make a complaint to a government entity that is required, under section 150P , to refer the complaint to the assessor.