
OFFICIAL
Cathy Minnucci
Office of General Counsel
GPO Box 367
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
CANBERRA CITY ACT 2601
www.airservicesaustralia.com
ABN 59 698 720 886
Dear Ms. Minnucci
FOI 24 - 61 - Decision on Access
I refer to the request made under the
Freedom of Information Act 1982 (Cth) (
FOI Act) to
Airservices Australia (
Airservices) on 7 August 2024 (
the request). It seeks access to:
…a copy of Airservices Australia's complaint documents and listings recently provided by
ASA to a Hobart journalist.
Airservices sought to clarify the scope of your request with you by email and you provided the
following additional information on 22 August 2024 to assist our document searches:
Article appeared in the Hobart Mercury 2nd August 2024 front page "Flying Solo" and page
13 "Lots of noise over airport" Journalist was Mr David Killick.
Article directly quoted ASA Complaints Data
I am authorised under section 23 of the FOI Act and the Airservices Instrument of Delegation and
Authorisation to make decisions on primary requests under the FOI Act.
Decision
Access in part
Airservices has located one (1) document within scope of the request. I have decided to grant
access to the document sought by the request in part as it contains material that is:
• conditionally exempt under sections 47F (personal privacy) and access to that conditionally
exempt material would be contrary to the public interest; and
• irrelevant to the scope of the request under section 22 of the FOI Act.
The document and my decision in relation to it is set out in the schedule of documents at
Attachment A (
the Schedule). I have also included details of a second document in the Schedule
that is linked in the document being released as part of this decision. While the second document
is publicly available, I have provided a pdf copy as part of this decision for your convenience.
The reasons for my decision are set out in the Statement of Reasons at
Attachment B.
Review rights and complaints
Information about your rights of review and how you can make a complaint about the handling of
your request is at
Attachment C.
OFFICIAL
Contact
If you wish to discuss my decision please contact me at
xxx@xxxxxxxxxxxxxxxxxxxx.xxx. Yours sincerely
Digitally signed by
BOURGET_ BOURGET_MR
Date: 2024.09.06
MR
14:57:22 +10'00'
Marcus Bourget
Authorised FOI Decision Maker
6/09/2024
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OFFICIAL
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Doc No.
Description
Decision
1.
Email
Release in part
Subject: Complaints Data
Section 22 – material that did not form part of original document and names
of Airservices Australia personnel processing FOI request
Section 47F – mobile phone number of Airservices Australia personnel
2.
Pdf
Pdf copy included for convenience given it is hyperlinked within document
Subject: Submission 42 – Airservices Australia
no.1 via the following words ‘submission to this inquiry’.
This pdf is publicly accessible at
Submissions – Parliament of Australia
(aph.gov.au)
OFFICIAL
ATTACHMENT B
STATEMENT OF REASONS
Material on which the decision is based
I relied on the following material in coming to this decision:
• the terms of the request;
• the documents subject to the FOI request;
• advice from subject matter specialists within Airservices Australia (
Airservices) regarding
the nature and sensitivity of the documents subject to the request;
• the FOI Act; and
• the guidelines issued by the Australian Information Commissioner under section 93A of the
FOI Act (
FOI Guidelines).
Section 22 - Irrelevant material
Section 22 of the FOI Act relevantly provides that if an agency may delete information from a
document where it is irrelevant to a request.
I have found that the document (identified in the Schedule) contains irrelevant matter and have
deleted it pursuant to section 22 of the FOI Act.This includes the names and contact details of
Airservices personnel processing your request.
Section 47F - personal privacy
Section 47F of the FOI Act relevantly provides that a document is conditionally exempt if its
disclosure under this Act would involve the unreasonable disclosure of personal information about
any person (including a deceased person). Access to the conditionally exempt document may only
be withheld where it is contrary to the public interest.
The document (identified in the Schedule) contains personal information, specifically names and
contact information and other personally identifying information of Airservices personnel contained
within. I am satisfied that this personal information is not publicly available, nor are the individuals
concerned well known to be involved in the matters described in the documents.
I therefore find that disclosure of this personal information would be unreasonable and conditionally
exempt under section 47F(1) of the FOI Act.
When considering whether access to this personal information is contrary to the public interest I
acknowledge that access would inherently promote the objects of the FOI Act, demonstrating full
transparency of government. However, providing access to this personal information would also
intrude on the privacy of the individuals to whom the personal information relates whilst also not
providing great insight into the decision making processes of Airservices. This adverse effect
outweights any benefit that could flow from disclosing that personal information.
As a result, I am satisfied that access to the personal information would be contrary to the public
interest, and have decided to withhold access to it.
OFFICIAL
ATTACHMENT C
INFORMATION ON REVIEW RIGHTS
The
Freedom of Information Act 1982 (
the FOI Act) gives you the right to apply for a review of this
decision via:
(a)
an internal review; or
(b)
the Australian Information Commissioner (
Information Commissioner).
Internal review
If you apply for internal review, it will be carried out by a different decision-maker who will make a
fresh decision on your application. An application for review must be:
(a)
made in writing;
(b)
made within 30 days of receiving this letter; and
(c)
sent to xxx@xxxxxxxxxxxxxxxxxxxx.xxx.
No particular form is required, but it is desirable to set out in the application the grounds upon which
you consider the decision should be reviewed.
If the internal review results in you not being provided access to all of the documents to which you
have requested access, you have the right to seek a review of that decision by the Information
Commissioner.
Information Commissioner review
You can opt to instead seek external review by the Information Commissioner. To seek review you
must apply to the Information Commissioner within 60 days of the receipt of this decision letter.
Further details on this process can be found on their website at
https://www.oaic.gov.au/.
You will also have the opportunity to seek Information Commissioner review of an Internal Review if
you are dissatisfied with its outcome.
Complaints to the Information Commissioner
Information Commissioner
You may also complain to the Information Commissioner concerning action taken by an agency in
the exercise of powers or the performance of functions under the FOI Act. There is no fee for
making a complaint. A complaint to the Information Commissioner must be made in writing. Further
details on this process can be found on their website at
https://www.oaic.gov.au/.
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