Morris and Australian Information Commissioner (Freedom of information)

This matter concerned an appeal by Ms Morris against a declaration made by the Australian Information Commissioner that she was a "vexatious applicant" under the *Freedom of Information Act 1982* (Cth). The dispute arose from Ms Morris's repeated engagement in access actions, which the Commissioner found constituted an abuse of process by unreasonably interfering with agency operations. The decision was made by Cr Walsh SM.

The primary legal issue before the court was whether the Commissioner's declaration that Ms Morris was a vexatious applicant was justified and whether the terms of that declaration were appropriate. This involved considering the balance struck by the FOI Act between an individual's right to access government information and the need to prevent such requests from unreasonably interfering with agency operations. The court also had to consider the discretionary nature of the power to declare an applicant vexatious and the various factors relevant to that determination, including the objects of the FOI Act and the practical implications of such a declaration.

The court affirmed the Commissioner's decision, reasoning that the declaration was a necessary measure to balance Ms Morris's right of access with the efficient functioning of government agencies. It was noted that the declaration did not extinguish Ms Morris's rights entirely but rather limited and channelled them for a specified period. The court found that Ms Morris's history of repeated and unfocused requests, coupled with her stated intention to continue making such requests, justified the declaration. The terms of the declaration were considered appropriate as they aimed to encourage Ms Morris to focus her requests, thereby facilitating their processing by the department and allowing the FOI Act to operate as intended without undue interference. The declaration was for a fixed period of 12 months, thus not imposing an indefinite restriction.