Information Commissioner investigations—discretion not to investigate
73 Information Commissioner investigations—discretion not to investigate
The Information Commissioner may decide not to investigate, or not to continue to investigate, a complaint about an action made under section 70 if the Information Commissioner is satisfied of any of the following:
that the action is not taken by an agency in the performance of the agency’s functions or the exercise of the agency’s powers under this Act;
that:
the complainant has or had a right to cause the action to be reviewed by the respondent agency, the Information Commissioner, a court or a tribunal; and
the complainant has not exercised, or did not exercise, the right; and
it would be, or would have been, reasonable for the complainant to exercise the right;
that:
the complainant has or had a right to complain about the action to another body; and
the complainant has not exercised, or did not exercise the right; and
it would be, or would have been, reasonable for the complainant to exercise the right;
that the complainant has complained to the respondent agency, and the respondent agency:
has dealt, or is dealing, adequately with the complaint; or
has not yet had an adequate opportunity to deal with the complaint;
that the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith;
that the complainant does not have a sufficient interest in the subject matter of the complaint.
The Information Commissioner may make a decision under this section to investigate only part of a complaint (see section 71).
This Act’s bill:Explanatory memorandumSecond reading speech
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