Derek McDowell (Labour)

The provision in the existing Act about frivolous and vexatious applications was open to serious abuse by people who wanted to frivolously make applications but there is not much evidence that that has happened. The report of the Information Commissioner is fair and comprehensive in coming to that conclusion. To that extent, I endorse what Senator Mansergh said because it is important that those of us on this side of the House record our appreciation of the fact that most public servants are operating the Act in good faith and deal with what is for them a novel situation in the best way possible.

My difficulty with the Government's amendment is that it does not add much to the provision already there. It would simply require the person making the decision to define what amounts to a manifestly unreasonable request. That person is already required to decide what is frivolous and vexatious. It will not be any easier to come to a reasonable definition or explanation of what amounts to a pattern of manifestly unreasonable requests. The Minister is not adding greatly to the security or certainty which most public servants would crave in operating the section.