Evidence for the absolute "Head of Power" to make Part 61 or Regulation 206 by CASA

Rob Cumming made this Freedom of Information request to Civil Aviation Safety Authority

The request was refused by Civil Aviation Safety Authority.

From: Rob Cumming

Delivered

Dear Civil Aviation Safety Authority,

Please provide all material to support the writing of Part 61, CAR 206 that relates to the head of power to make that part or regulation.

This includes the connection to the Acts that were consulted and the specific material used to support the making.

Yours faithfully,

Rob Cumming

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From: Gobbitt, David
Civil Aviation Safety Authority

UNCLASSIFIED
Good morning Mr Cumming,

I confirm receipt of your FOI request.

I will be the contact officer for your request, and I will be in contact with you shortly regarding the processing of your request.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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From: Gobbitt, David
Civil Aviation Safety Authority


Attachment 201611180806.pdf
299K Download View as HTML


UNCLASSIFIED
Good morning Rob,

Please see attached Notice of Preliminary Assessment of Charges regarding your FOI request.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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From: Gobbitt, David
Civil Aviation Safety Authority


Attachment 201612190813.pdf
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UNCLASSIFIED
Good morning Rob,

Please see attached decision letter regarding your FOI application.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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From: Rob Cumming

Delivered

Dear Gobbitt, David,

I did not see your reply as I have variably been away. As in the past, I do not wish to pay for what should be easily available public information, but will accede to your request this time.

Please advise how to pay.

Yours sincerely,

Rob Cumming

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From: Gobbitt, David
Civil Aviation Safety Authority

UNCLASSIFIED
Good morning Rob,

As my letter to you today states, your request dated 28 October 2016 is now taken to be withdrawn, as CASA did not receive from you an agreement to pay the charges, a request for waiver of them or advice that you have withdrawn your request for access.

Accordingly, you will need to make a new request if you still seek this information.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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Locutus Sum left an annotation ()

The applicant has later made two almost identical new requests to the same agency for this material. It was necessary because the applicant received a letter from the agency to tell him that his request was taken to have been withdrawn. A person can read this in the letter from the agency dated 19 December 2016.

Yet there is a big question. Was the officer correct to believe that the request should be "taken to have been withdrawn." In my opinion, the officer was wrong. He had his fingers on the trigger and he fired too quickly!

Section 29(2) of the Freedom of Information Act 1983 says that "If the applicant fails to notify the agency or Minister in a manner mentioned in paragraph (1)(f) within the period or further period mentioned in that paragraph, the applicant is to be taken to have withdrawn the request for access to the document concerned." The date of the letter was 18 November 2016. The letter said that the applicant had 30 days in which to respond. Thirty days after 18 November is 18 December 2016, so it might look that the applicant was already late when the officer wrote to him on 19 December 2016 (https://www.righttoknow.org.au/request/e... ). But the way it looks is not the law! The 18 December 2016 was a Sunday and s 36(2) ("Calculating time") of the Acts Interpretation Act says that "If: (a) an Act requires or allows a thing to be done; and (b) the last day for doing the thing is a Saturday, a Sunday or a holiday; then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday." The Acts Interpretation Act even includes an example to help the officer who is playing with the trigger. It says "Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April." The is exactly like the facts for Mr Cummings. Mr Cummings would normally have had until the end of 18 November 2016 but that day was a Sunday, and so he had until the end of 19 December 2016 to respond!

It is always helpful read the law, to be patient, to be generous to applicants and not to play with triggers on guns in case you shoot someone. Maybe you will hit your own foot.

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Rob Cumming left an annotation ()

Thank you for your clarity in this. It is quite typical of CASA to shoot the messenger and if it suits them, try to finalise a matter in this fashion. Applicants often do not have the facilities or support to meet what are quite arbitrary guidelines. I did a search on FOI's and how well particular organisations met there obligations. CASA, along with other aviation related organisations are close to the bottom of the performance list in meeting the obligations of the FOI system. Perhaps, CASA just don't like answering questions/ FOI's.

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From: Rob Cumming

Delivered

Dear Gobbitt, David,

I draw you to your letter of cost for the material.

There is no way or form to pay provided, as there has been in previous FOI requests.

As I have indicated before, these matters are in the public interest and I do not have un-limited funds. I have to make requests to assist me with payment.

Also I draw your attention to the following advice I have and request the form to make payment:

Section 29(2) of the Freedom of Information Act 1983 says that "If the applicant fails to notify the agency or Minister in a manner mentioned in paragraph (1)(f) within the period or further period mentioned in that paragraph, the applicant is to be taken to have withdrawn the request for access to the document concerned."

The date of the letter was 18 November 2016.

The letter said that the applicant had 30 days in which to respond. Thirty days after 18 November is 18 December 2016, so it might look that the applicant was already late when the officer wrote to him on 19 December 2016 (https://www.righttoknow.org.au/request/e... ).

But the way it looks is not the law!

The 18 December 2016 was a Sunday and s 36(2) ("Calculating time") of the Acts Interpretation Act says that "If: (a) an Act requires or allows a thing to be done; and (b) the last day for doing the thing is a Saturday, a Sunday or a holiday; then the thing may be done on the next day that is not a Saturday, a Sunday or a holiday."

The Acts Interpretation Act even includes an example to help the officer who is playing with the trigger. It says "Example: If a person has until 31 March to make an application and 31 March is a Saturday, the application may be made on Monday 2 April."

The is exactly like the facts for Mr Cummings.

Mr Cummings would normally have had until the end of 18 November 2016 but that day was a Sunday, and so he had until the end of 19 December 2016 to respond!

Yours sincerely,

Rob Cumming

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From: Gobbitt, David
Civil Aviation Safety Authority


Attachment 201612231044.pdf
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UNCLASSIFIED
Good afternoon Rob,

Thank you for your email.

I have attached the letter sent to you on 23 December 2016, the letter includes a payment form for you to either attach a cheque or advise of credit card details.

Happy to discuss further if required.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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From: Gobbitt, David
Civil Aviation Safety Authority


Attachment 20170116104633572.pdf
1.9M Download View as HTML


UNCLASSIFIED
Good morning Rob,

Please find attached my decision letter and documents released in relation to your request.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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From: Rob Cumming

Delivered

Dear Civil Aviation Safety Authority,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Civil Aviation Safety Authority's handling of my FOI request 'Evidence for the absolute "Head of Power" to make Part 61 or Regulation 206 by CASA'.

The material supplied does not go to the matter at hand.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/e...

Yours faithfully,

Rob Cumming

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From: Gobbitt, David
Civil Aviation Safety Authority

UNCLASSIFIED
Good morning Rob,

I acknowledge receipt of your request for internal review.

Adam Anastasi will conduct the internal review and will be in contact with you shortly.

Regards
David Gobbitt A/g Freedom of Information Coordinator Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1281
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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From: Anastasi, Adam
Civil Aviation Safety Authority


Attachment 201702091426.pdf
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UNCLASSIFIED
Rob

I attach a decision letter.

Adam Anastasi Manager
Advisory, Commercial and Legislative Drafting Section Legal Affairs, Regulatory Policy and International Strategy Branch Civil Aviation Safety Authority

p: 02 6217 1040
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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