Section 73 — Freedom of Information Act 1982: 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: (a) 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; (b) that: (i) 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 (ii) the complainant has not exercised, or did not exercise, the right; and (iii) it would be, or would have been, reasonable for the complainant to exercise the right; (c) that: (i) the complainant has or had a right to complain about the action to another body; and (ii) the complainant has not exercised, or did not exercise the right; and (iii) it would be, or would have been, reasonable for the complainant to exercise the right; (d) that the complainant has complained to the respondent agency, and the respondent agency: (i) has dealt, or is dealing, adequately with the complaint; or (ii) has not yet had an adequate opportunity to deal with the complaint; (e) that the complaint is frivolous, vexatious, misconceived, lacking in substance or not made in good faith; (f) that the complainant does not have a sufficient interest in the subject matter of the complaint. Note: The Information Commissioner may make a decision under this section to investigate only part of a complaint (see section 71).