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QUEENSLAND POLICE SERVICE
RIGHT TO INFORMATION & SUBPOENA UNIT
200 Roma Street, BRISBANE QLD 4000
GPO BOX 1440, BRISBANE QLD 4001
Telephone: (07) 3364 4666 Facsimile: (07) 3364 4675 Email: xxx@xxxxxx.xxx.xxx.xx
Our Ref: RTI/53808
26 May 2025
Ben Fairless
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Fairless
Re: Application under the Right to Information Act 2009
I refer to your application received by Right to Information and Subpoena Unit, Queensland
Police Service (QPS) on 24 April 2025, in which you seek access to the following
documents under the
Right to Information Act 2009 (Qld) (RTIA):
Subject: 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. Seeking: 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. I am not seeking access to
the personal information of members of the public, nor do I require the direct contact details
or last names of public servants below the Senior Executive Service level (or equivalent for
your agency). Other details: I have submit ed this request to multiple state and federal
agencies. Please contact me before initiating any transfer to another agency as they may
have already received an identical request.
DECISION
As a delegated of icer under section 30 of the RTIA, I have made a decision on your
application.
I have decided today to
refuse to deal with your application on the basis it does not comply
with all relevant application requirements
1, pursuant to the provisions of section 33(6) of the
RTIA.
1 As provided for in section 33(6) of the RTIA
Q U E E N S L A N D P O L I C E S E R V I C E
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REASONS FOR DECISION
Sections 24(2) and (3) of the RTIA
set out the requirements of a valid application:
(2) The access application must—
(a) be in the approved form; and be accompanied by the application fee;
and
(b) give sufficient information concerning the document to enable a
responsible officer of the agency or the Minister to identify the document; and
(c) state an address to which notices under this Act may be sent to the
applicant.
(d) state whether access to the document is sought for the benefit of, or use
of the document by—
(i) the applicant; or
(ii) another entity; and
Example for paragraph (d)(i )— A journalist makes an access application for a
document for use of the document by an electronic or print media organisation.
(e) if access to the document is sought for the benefit of, or use of the
document by, an entity other than the applicant—the name of the other entity.
A consultation notice was sent to you on 1 May 2025 with a view to making your application
valid
2. In that notice, you were advised that in order to make the application compliant, you
needed to provide the following by due date of 16 May 2025:
•
Payment of the $55.75 application fee.
As at 26 May 2025 no response addressing the identified validity issue has been received
from you. Your application does not comply with all relevant application requirements.
Accordingly, I am authorised under section 33(6) to refuse to deal with your application any
further.
REVIEW
Please refer to the
enclosed sheet which details your right of review.
Yours sincerely
Principal RTI Of icer
Right to Information & Subpoena Unit
2 As provided for in sections 24(2) and (3) of the RTIA
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Reviewing a Decision
If you are dissatisfied or aggrieved with a decision made by the Queensland Police Service
under the
Right to Information Act or
Information Privacy Act, you have the right to have the
matter reviewed. You may choose to either have the review conducted by the Queensland
Police Service (QPS) by
Internal Review, or alternatively apply to the Of ice of the
Information Commissioner (OIC) to conduct an
External Review.
The OIC is the independent statutory authority responsible for overseeing the
administration of the
Right to Information Act and the
Information Privacy Act in
Queensland.
Important: Applications for Internal Review or External Review must be made within twenty
(20) business days from the date of the writ en notice of the decision.
Internal Review:
To apply for an internal review of a decision, you can choose one of the following options:
(a)
Post:
The Manager
Right to Information & Subpoena Unit
GPO Box 1440, BRISBANE QLD 4001
(b)
Email: xxx@xxxxxx.xxx.xxx.xx
(c)
Apply online: ht ps://www.smartservice.qld.gov.au/services/information-
requests/review.action
Your internal review application wil then be referred to a senior officer for a decision.
External Review:
To apply for an external review of a decision, the application must:
• be in writing
• provide an address
• give details of the decision for review and
• be lodged with the Of ice of the Information Commissioner by one of the following
methods:
You can choose one of the following options:
(a)
In person: Level 11, 53 Albert Street, Brisbane City, Qld, 4000
(b)
Post: PO Box 10143, Adelaide Street, Brisbane Qld, 4000
(c)
Email: xxxxxxxxxxxxxx@xxx.xxx.xxx.xx
(d)
Apply online: www.oic.qld.gov.au
Your application for an external review application wil then be dealt with by the OIC (see
http://www.oic.qld.gov.au for further information).
Document Outline
