OFFICIAL
Ms Cathy Minnucci
Office of General Counsel
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
GPO Box 367
CANBERRA CITY ACT 2601
www.airservicesaustralia.com
ABN 59 698 720 886
Dear Ms Minnucci
FOI 07/25/26 - Decision on Access
I refer to your email of 16 July 2025 to Airservices Australia requesting access to documents 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 for access under the
FOI Act.
Scope of request
You set out your request in the following terms:
“Could I please obtain a copy of data and inputs that were used in the decision-making and
evidence collation, of the recently released (16/7/2025) PIR Recommendations 4 & 6
assessment report of the Hobart Airport flight paths.
Further to help and expediate request...
This would also include ALL ABS data and links, all inputs that formed the voting charts, all CO2
emission calculations, ICOA formula's, Industry inputs, and documents that were used to
support the for the blanket statements made within this report.”
Background
On 13 August 2025, the period for dealing with the request was extended from 15 August 2025
until 15 September 2025 under section 15(6) [extension of processing period to comply with
requirements of section 26A, 27 or 27A] of the FOI Act to enable consultation in accordance with
section 27 and 27A of the FOI Act.
Authorised decision- maker
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.
Documents identified
I have identified 13 documents as falling within the scope of the request.
The decision in relation to each document is detailed in the schedule of documents at
Attachment
A.
OFFICIAL
Decision
I have decided to:
a. release four documents in full;
b. partially release nine documents in accordance with section 22 [access to edited
copies with exempt or irrelevant matter deleted] of the FOI Act on the grounds that
the deleted material is considered exempt under section 47F [public interest
conditional exemptions – personal privacy]
of the FOI Act; and
c. remove irrelevant material in accordance with section 22 of the FOI Act.
Material taken into account
In making my decision, I have had regard to:
a. the terms of the request;
b. the content of the identified documents in issue;
c. relevant provisions of the FOI Act;
d. the Guidelines published by the Office of the Australian Information Commissioner
under section 93A of the FOI Act (the Guidelines); and
e. the views of third parties consulted under sections 27 and 27A of the FOI Act.
Reasons for decision
My findings of fact and reasons for exemptions are set out below.
Section 22 – Access to edited copies with exempt or irrelevant matter deleted
Section 22 of the FOI Act permits an agency to prepare and provide an edited copy of a document
where the agency has decided to refuse access to an exempt document or that to give access to a
document would disclose information that would reasonably be regarded as irrelevant to the
request for access.
The documents listed in the schedule as partially released contain exempt and irrelevant
information, such as Microsoft Teams conference numbers and material that falls outside the
scope of your request. I am satisfied that it is reasonably practicable to remove this exempt and
irrelevant information and have therefore released the documents to you in an edited form.
Pages deemed wholly exempt or irrelevant to the scope of the request have been omitted from the
released document pack.
Section 47F – Public interest conditional exemptions - personal privacy
Section 47F(1) of the FOI Act states:
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).
The FOI Act shares the same definition of ‘personal information’ as the Privacy Act 1988 (Cth). The
Guidelines provide that:
6.123 Personal information means information or an opinion about an identified
individual, or an individual who is reasonably identifiable:
(a) whether the information or opinion is true or not; and
(b) whether the information or opinion is recorded in a material form or not.
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OFFICIAL
The documents contain personal information relating to third parties, including their names, email
addresses, job titles, phone numbers, and personal opinions that may reasonably lead to their
identification.
In my assessment of whether the disclosure of personal information is unreasonable, I considered
the following factors in accordance with section 47F(2):
a. the extent to which the information is well known;
b. whether the person to whom the information relates is known to be (or to have been)
associated with the matters dealt with in the document;
c. the availability of the information from publicly accessible sources; and
d. the effect the release of the personal information could reasonably have on the third
party.
I found that the specific personal information listed is not well known, individuals whose personal
information is contained in the documents are not widely known to be associated with the matters
dealt with in the document and the information is not readily available from publicly accessible
sources.
Accordingly, I am satisfied that the information is conditionally exempt under section 47F of the FOI
Act.
Public interest considerations – section 47F
Section 11A(5) of the FOI Act states:
The agency or Minister must give the person access to the document if it is
conditionally exempt at a particular time unless (in the circumstances) access to
the document at that time would, on balance, be contrary to the public interest.
I have considered the factors favouring disclosure as set out in section 11B(3) [factors favouring
access] of the FOI Act. The relevant factors being whether access to the document would:
(a) promote the objects of this Act (including all the matters set out in sections 3
and 3A);
(b) inform debate on a matter of public importance;
(c) promote effective oversight of public expenditure;
(d) allow a person to access his or her own personal information.
In my view, disclosure of this information would not increase public participation in the Airservices
Australia process (section 3(2)(a) of the FOI Act), nor would it increase scrutiny or discussion of
Airservices Australia activities (section 3(2)(b) of the FOI Act).
Paragraph 6.233 of the Guidelines specifies a non-exhaustive list of public interest factors against
disclosure. The factors I find particularly relevant to this request are that release of this information
could reasonably be expected to prejudice:
• the protection of an individual’s right to privacy;
• the interests of an individual or a group of individuals;
• an agency’s ability to obtain confidential information;
• an agency’s ability to obtain similar information in the future;
• the management function of an agency; and
• the personnel management function of an agency.
In considering whether access to personal information is contrary to the public interest, I
acknowledge that disclosure would support the objectives of the FOI Act by promoting
transparency in government. However, releasing this information would intrude on the privacy of
the individuals concerned and does not contribute to understanding Airservices’ decision-making
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OFFICIAL
processes. On balance, the potential harm to personal privacy outweighs the limited public benefit
of disclosure.
I have not taken any of the factors listed in section 11B(4) [irrelevant factors] of the FOI Act into
account when making this decision.
I am satisfied, based on the above particulars, the public interest factors against disclosure
outweigh the factors for disclosure, and that, on balance, it is against the public interest to release
the information to you. Accordingly, I find that the information is exempt under section 47F of the
FOI Act.
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 B.
Contact
If you wish to discuss my decision, please contact me a
t xxx@xxxxxxxxxxxxxxxxxxxx.xxx.
Yours sincerely
Chris Digitally signed
by Chris Simon
Date: 2025.09.10
Simon 10:21:45 +10'00'
Chris Simon
Authorised FOI Decision Maker
10 September 2025
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OFFICIAL
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Doc Date
Description
Decision
#
1
YMHB Recommendation 4 -
Full release
Population Count
2
YMHB Recommendation 6 –
Full release
Population Counts
3 15/05/2025 09:30
Email
Partial release
section 47F – Personal Privacy
4 22/05/2025
Census Statistics Occupation
Full release
Summaries
5 7/10/2025
Recommended Action 4
Partial release
section 47F – Personal Privacy
6 07/01/2023
Recommended Action 6
Partial release
section 47F – Personal Privacy
7 20/05/2025 16:02
Email
Partial release
section 47F – Personal Privacy
8 13/05/2025 13:36
Email
Partial release
section 47F – Personal Privacy
9 June 2018
ICAO Carbon Emissions Calculator
Full release
Methodology
10
Hobart Airspace Design Post
Partial release
Implementation Review Industry
section 47F – Personal Privacy
Update
11 29 July 2025
Email
Partial release
OFFICIAL
Doc Date
Description
Decision
#
section 47F – Personal Privacy
12 29 July 2025 17:40
Email
Partial release
section 47F – Personal Privacy
13 29 July 2025 17:50
Email
Partial release
section 47F – Personal Privacy
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ATTACHMENT B
Review Rights under the Freedom of Information Act 1982
Under the
Freedom of Information Act 1982 (FOI Act), you may seek a review of this decision
through:
•
Internal Review; or
•
Information Commissioner Review.
Internal Review
An internal review is conducted by a different decision-maker who will reconsider the original
decision. To request an internal review, you must:
• Apply in writing;
• Submit the application within 30 days of receiving this decision; and
• Send it to
xxx@xxxxxxxxxxxxxxxxxxxx.xxx.
While no specific form is required, it is helpful to outline the reasons you believe the decision should
be reconsidered.
Information Commissioner Review
Alternatively, you may apply directly to the
Office of the Australian Information Commissioner
(OAIC) for an external review. Applications must be made within 60 days of receiving this decision.
Further information is available at www.oaic.gov.au.
You may also seek a review by the Information Commissioner if you are dissatisfied with the
outcome of an internal review.
Complaints to the Information Commissioner
You may lodge a complaint with the Information Commissioner regarding the conduct of an agency
under the FOI Act. Complaints must be made in writing and there is no fee. Details are available at
www.oaic.gov.au.
Document Outline
