LEGAL, INTERNATIONAL AND REGULATORY AFFAIRS
TRIM Ref: F21/36139
6 August 2021
Mr Lucas Baird
Via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr Baird,
ACCESS TO DOCUMENTS UNDER THE FREEDOM OF INFORMATION ACT
I refer to your submission dated 12 July 2021 seeking access to documents under the
Freedom of Information Act 1982 (Cth) (the Act). Your request was as follows:
‘Under the purposes of the Freedom of Information 1982, I request any and all
communications between CASA and any airlines about securing them as the preferred
provider of travel services to the regulator for financial year 2021 and financial year 2022.
I also request any log of gifts as accrued to regulatory staff from the airlines, including
upgrades, lounge access and any other hospitality.’
On the 16 July 2021, I acknowledged the request and sought additional information
regarding personal information and third party information:
‘……CASA received your request on 12 July 2021 and the 30 day statutory period for processing your
request commenced from the day after that date. You should therefore expect a decision from us by 12
August 2021. However, the period of 30 days may be extended if we need to consult third parties or for
other reasons. We wil advise you if this happens.
Furthermore, the below questions are detailed on the CASA online submission form and provide
important additional details that wil assist in assessing your access request.
Personal information
Personal information in documents is the subject of one of the conditional exemptions in the FOI Act,
which means CASA may decide it cannot give you access to such documents.
a)
Do you agree to the removal of the names of any CASA officers from the documents you are
seeking?
b)
Do you agree to the removal of the names of any third parties from the documents you are
seeking?
Consultation with third parties
If the documents you seek relate to an individual/organisation under the Act (other than the applicant) it
may be necessary for CASA to consult with that individual/organisation to obtain their views about the
potential release of documents.
c)
Where consultation with a third party is necessary, do you agree to the disclosure of your
identity for the purposes of third-party consultation?.....’
.
On 19 July 2021, you provided responses to queries sought regarding personal and third-
party information as follows:
‘I agree to all of the points on personal information and third-party consultation’.
GPO Box 2005 Canberra ACT 2601
Accordingly, you agree to the removal of any third parties or CASA staff names contained in
the documents and consent to your identity being disclosed to third parties.
Decision
I am the decision maker for your request. In regard to component 1 of your request:
‘I request any and al communications between CASA and any airlines about securing them as the
preferred provider of travel services to the regulator for financial year 2021 and financial year 2022’.
In accordance with subparagraph 24A(1)(b)(i ) of the Act, I refuse your request for access as
I am satisfied the documents you are seeking do not exist.
I have received advice that CASA has no direct negotiation with airlines on the Whole of
Australian Government (WoAG) preferred provider list. The WoAG Travel arrangements are
contracted directly by the Department of Finance. The choice of airline used is based on
CASA’s policy for Best Fare of the Day and most practicable route.
In regard to component 2 of your request as follows:
‘I also request any log of gifts as accrued to regulatory staff from the airlines, including upgrades, lounge
access and any other hospitality.’
The CASA Gift and Benefit register is a publicly available document, noted on the CASA
website, I have provided the link below for your information.
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Gift and benefit register | Civil Aviation Safety Authority (casa.gov.au)
Additionally, to maintain the independence of CASA officers with the Aviation Industry, flight
upgrades are discouraged. Exceptions would include where the staff member would forfeit a
seat on the plane, or prior approval has been granted from the staff member’s manager.
Furthermore, CASA does not pay for staff membership to airline lounge programs and does
not hold a record of where any have been gifted.
Where a situation arises that a stakeholder offers to pay for the travel expense of an
employee, writ en approval is sought before an offer of free or sponsored travel can be
accepted.
Application for internal review of decision
Section 54 of the Act gives you the right to apply for an internal review of my decision. An
application for internal review of my decision must be made in writing within 30 days of
receipt of this letter.
No particular form is required, but it is desirable to set out in the application the grounds on
which you consider that the decision should be reviewed. An application for review should be
addressed to Freedom of Information at the address below:
Freedom of Information
Advisory and Drafting Branch
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
GPO Box 2005
Canberra ACT 2601
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Review by the Australian Information Commissioner
Alternatively, under section 54L of the Act, you may apply to the Australian Information
Commissioner to review my decision. An application for review by the Information
Commissioner must be made in writing within 60 days of the date of this letter, and be lodged
in one of the following ways:
online:
http:/ www.oaic.gov.au/freedom-of-information/requesting-a-review
email:
xxxxxxxxx@xxxx.xxx.xx
post:
GPO Box 2999, Canberra ACT 2601
in person:
Level 3, 175 Pit Street, Sydney NSW
phone:
1300 363 992
Yours sincerely,
Georgie Hill
Freedom of Information Of icer
Advisory and Drafting Branch
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
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