OFFICIAL
Freedom of Information (FOI) request
Notice of Decision
Reference: FOI/2025/081
Mr Ben Fairless
Email
: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
I refer to your request of 23 April 2025 to the Department of the Prime Minister and Cabinet
(the Department), made under the
Freedom of Information Act 1982 (the FOI Act).
The purpose of this letter is to provide you with a decision on your request.
Scope of request
You requested access to the following:
I am seeking access to documents relating to the removal, suppression, or anonymisation of
aircraft data from third-party flight tracking services such as FlightRadar24, PlaneFinder, ADS-B
Exchange, or similar platforms. Specifical y, I’m after: 1. Policies, procedures, or internal guidelines concerning requests to third-party services for the
removal or suppression of aircraft tracking data; 2. Correspondence between your agency and third-party flight tracking platforms relating to the
suppression, removal, or anonymisation of aircraft data; 3. Internal discussions, briefings, or records outlining the rationale or decisions around seeking to
suppress aircraft data from public tracking platforms; 4. Statistics, reports, or summaries indicating the volume and nature of requests made to third-
party platforms over the past five years; 5. Any agreements, memoranda of understanding, or formal arrangements between your
agency and third-party flight tracking platforms relating to data suppression or visibility
restrictions.
Postal Address: PO Box 6500, CANBERRA ACT 2600
Telephone: +61 2 6271 5849 Fax: +61 2 6271 5776 www.pmc.gov.au ABN: 18 108 001 191
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OFFICIAL
Authorised decision-maker
I am a delegate of the Secretary of the Department authorised to make decisions under the FOI Act.1
Material taken into account
In reaching my decision, I have had regard to the following:
the terms of your request
searches and inquires undertaken by the Department
the FOI Act
the Guidelines issued by the Information Commissioner2 (the Guidelines)
Decision
I have decided to refuse your request under section 24A(1) of the FOI Act as the documents do not
exist.
Reason for decision
My findings of fact and reasons for deciding to refuse your request are set out below.
1.
Documents cannot be found or do not exist
Section 24A(1) of the FOI Act provides that:
An agency or Minister may refuse a request for access to a document if:
(a) all reasonable steps have been taken to find the document; and
(b) the agency or Minister is satisfied that the document:
(i) is in the agency’s or Minister’s possession but cannot be found; or
(ii) does not exist.
While the FOI Act does not define ‘all reasonable steps’, the Guidelines discuss the meaning of
‘reasonable’. Reasonable searches are moderate and of such an effort to be appropriate or suitable to
the circumstances, rather than extravagant or excessive3.
The Department has conducted a search for any relevant records that would meet the terms of your
request.
1 Section 23 of the FOI Act
2 Section 93A of the FOI Act
3 Paragraph 3.88 of the Guidelines
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The Infrastructure, Energy and Regional Branch has responsibility for records that would be related to
the subject of your request. They conducted searches in the fol owing record repositories and
systems;
Parliamentary Document Management System (PDMS) the official register for correspondence
to and from the Department;
Outlook email accounts; and
Share+, the Department’s official records management system.
At the conclusion of these searches no documents were found that would be responsive to the terms
of your request.
I am satisfied the measures taken by the Department to locate documents in response to your request
are appropriate and suitable given the circumstances.
I have decided to refuse your request for access under section 24A(1) of the FOI Act, as the
documents you have requested do not exist.
Review rights
If you disagree with my decision you may apply for a review of the decision. I have included
information on your review rights below.
Internal review
You may apply to the Department for an internal review. The internal review application must be
made in writing within 30 days after the date of this letter, please include reasons why you disagree
with the decision.
Applications for internal review should be sent
to xxx@xxx.xxx.xx.
Information Commissioner review
Section 54L of the FOI Act provides you may also apply to the Australian Information Commissioner
for a review of the decision. An application to the Information Commissioner must be made in writing
within 60 days after the date of this letter.
You can apply using the
Office of the Australian Information Commissioner (OAIC) Web Form.4
4 https://webform.oaic.gov.au/prod?entitytype=ICReview&layoutcode=ICReviewWF
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FOI Complaints
If you would like to provide feedback or are unhappy with the way we have handled your FOI request,
please let us know. You can provide feedback to the Department at xxx@xxx.xxx.xx.
Alternatively you may make a complaint to the Australian Information Commissioner. A complaint to
the Information Commissioner must be made in writing.
You can make a complaint using the
OAIC Web Form.5
Yours sincerely
Joe Ritchie
A/g Assistant Secretary
Infrastructure, Energy and Regional Branch
Department of the Prime Minister and Cabinet
13 May 2025
5 https://webform.oaic.gov.au/prod?entitytype=Complaint&layoutcode=FOIComplaintWF
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