Ms Dorothy Donovan:

The authority does an assessment. It may decline to carry out a full statutory investigation. It will have done some investigation. If it is determined that even if what is being alleged is true, it is outside our remit, it is going to fail. It is difficult because people have a right to lodge a complaint. Once an appeal comes before us we treat it with gravitas and sometimes with sympathy but regretfully we may not have any jurisdiction. Mainly, using terms like "frivolous" or "vexatious" in response to somebody will get the response "my complaint is not frivolous", but that is a legal term. The term "frivolous" was explained in the Farrelly case in the High Court, when Mr. Justice Barron said it is a term that really means "bound to fail". That wording is in the Act itself and in many other Acts. The term "vexatious" may need to remain because some complaints will be vexatious but maybe it is time for the word "frivolous" to go.