Industry input into design of Runway 30 RNP-AR flight path

Response to this request is long overdue. By law, under all circumstances, Airservices Australia should have responded by now (details). You can complain by requesting an internal review.

Dear Airservices Australia,

I request documents showing correspondence between Airservices Australia, Qantas/Jetstar, and Virgin Australia related to the design and implementation of the current Runway 30 RNP-AR flight path.

Regards,

Andrew Terhorst.

MBX FOI, Airservices Australia

OFFICIAL

Dear Mr Terhost

We have decided to consult with one third party in respect of a document that is subject to this request. We have also decided to extend the statutory timeframe for decision by 30 days to accommodate for this.

Accordingly the new statutory deadline for decision is 19 November 2023.

Regards

FOI and Privacy Officer

This email (including any attachments) is confidential and may be privileged. Any advice or information contained in this email (including any attachments) is provided only for the use of Airservices Australia or the intended recipient. You must not retransmit or distribute this email or any attachments unless you are specifically authorised to do so. If you are not the intended recipient, please notify the sender, immediately delete this email from your mailbox and destroy any hard copies.

OFFICIAL
-----Original Message-----
From: Andrew Terhorst +ADw-foi+-request-10700-f889c63a+AEA-righttoknow.org.au+AD4-
Sent: Wednesday, September 20, 2023 7:53 AM
To: MBX FOI +ADw-foi+AEA-airservicesaustralia.com+AD4-
Subject: Freedom of Information request - Industry input into design of Runway 30 RNP-AR flight path

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Dear Airservices Australia,

I request documents showing correspondence between Airservices Australia, Qantas/Jetstar, and Virgin Australia related to the design and implementation of the current Runway 30 RNP-AR flight path.

Regards,

Andrew Terhorst.

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Dear MBX FOI,

I note that your 19th of November deadline has passed. Please advise me on the status of my request.

Yours sincerely,

Andrew Terhorst

MBX FOI, Airservices Australia

OFFICIAL

Dear Mr Terhorst

Apologies for the delay in responding to you. We have had a change in personnel managing our FOI function, but we will respond to your request as soon as possible.

Regards

Ryan Gould

OFFICIAL
-----Original Message-----
From: Andrew Terhorst +ADw-foi+-request-10700-f889c63a+AEA-righttoknow.org.au+AD4-
Sent: Tuesday, November 21, 2023 7:54 AM
To: MBX FOI +ADw-foi+AEA-airservicesaustralia.com+AD4-
Subject: Re: FOI 23-32 - Decision to consult

+AFs-You don't often get email from foi+-request-10700-f889c63a+AEA-righttoknow.org.au. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... +AF0-

CAUTION: This email was sent from an external email address. Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Dear MBX FOI,

I note that your 19th of November deadline has passed. Please advise me on the status of my request.

Yours sincerely,

Andrew Terhorst

-----Original Message-----

OFFICIAL

Dear Mr Terhost

We have decided to consult with one third party in respect of a document that is subject to this request. We have also decided to extend the statutory timeframe for decision by 30 days to accommodate for this.

Accordingly the new statutory deadline for decision is 19 November 2023.

Regards

FOI and Privacy Officer

This email (including any attachments) is confidential and may be privileged. Any advice or information contained in this email (including any attachments) is provided only for the use of Airservices Australia or the intended recipient. You must not retransmit or distribute this email or any attachments unless you are specifically authorised to do so. If you are not the intended recipient, please notify the sender, immediately delete this email from your mailbox and destroy any hard copies.

OFFICIAL

-------------------------------------------------------------------
Please use this email address for all replies to this request:
foi+-request-10700-f889c63a+AEA-righttoknow.org.au

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

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IMPORTANT: This email and any attachments, may contain information that is confidential and privileged information. If you are not the intended recipient, you must not review, copy, disseminate, disclose to others or take action in reliance on, any material contained within this email. If you have received this email in error, please let Airservices Australia know by reply email to the sender informing them of the mistake and delete all copies of this email and any attachments.

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Dear MBX FOI,

My request is long overdue. I suspect you are in breach of the FOI act. Please provide the information I requested. There is no need to keep delaying a simple request unless you have something to hide.

Yours sincerely,

Andrew Terhorst

Dear Airservices Australia,

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

I am writing to request an internal review of Airservices Australia's handling of my FOI request 'Industry input into design of Runway 30 RNP-AR flight path'.

You failed to respond to my request within the standard 30-day period and arbitrarily added another 30 days because you had to consult with a stakeholder. You missed your own revised deadline because of personnel changes. I was then told you would respond as soon as possible. No deadline was set; almost a month later, I still have not heard anything. This is unacceptable behaviour on your part. The least you could have done was advise you are still struggling to find a replacement FOI officer. Instead, you chose to disrespect me.

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

Yours faithfully,

Andrew Terhorst

Dear MBX FOI,

Please explain why you have failed to respond to my FOI request. This is now months overdue.

Yours sincerely,

Andrew Terhorst

CR left an annotation ()

Hi Andrew

The agency is deemed to have refused your FOI request on 20 November 2023. Unfortunately, you do not have the right to seek an internal review of this deemed decision. The agency does not have power to conduct an internal review.

Your only review option was to apply for an Information Commissioner Review (IC Review). The FOI Act states that you must apply for an IC Review within 60 days of the access refusal decision. This unfortunately means you had until Friday the 19th of January 2024 to lodge an IC Review application. In light of this, you may wish to apply to the Information Commissioner for an extension of time for making an IC review application (s 54T(1)).

Alternatively, if you do not wish to pursue your FOI request further, you may instead choose to lodge a FOI Complaint to the OAIC.

Best of luck.

MBX FOI, Airservices Australia

OFFICIAL

Dear Mr Terhorst

I write to acknowledge your email of 29 January. I also acknowledge your email of yesterday (our ref 24-02).

I apologise for the delay in responding to your email, and to the delay in the processing of your FOI request.

As Ryan has previously advised, following the departure of our FOI officer we have experienced some issues in relation to the processing of FOIs.

However, I wish to reassure you that I am currently processing your request as quickly as I can and intend to provide you with a substantive response as soon as I am able.

Regards

Marcus

Marcus Bourget
Senior Legal Counsel, Environment +ACY- Regulatory

OFFICIAL
-----Original Message-----
From: Andrew Terhorst +ADw-foi+-request-10700-f889c63a+AEA-righttoknow.org.au+AD4-
Sent: Monday, January 29, 2024 5:47 PM
To: MBX FOI +ADw-foi+AEA-airservicesaustralia.com+AD4-
Subject: RE: FOI 23-32 - Decision to consult

+AFs-You don't often get email from foi+-request-10700-f889c63a+AEA-righttoknow.org.au. Learn why this is important at https://aka.ms/LearnAboutSenderIdentific... +AF0-

CAUTION: This email was sent from an external email address. Do not click any links or open any attachments unless you trust the sender and know the content is safe.

Dear MBX FOI,

Please explain why you have failed to respond to my FOI request. This is now months overdue.

Yours sincerely,

Andrew Terhorst

-----Original Message-----

OFFICIAL

Dear Mr Terhorst

Apologies for the delay in responding to you. We have had a change in personnel managing our FOI function, but we will respond to your request as soon as possible.

Regards

Ryan Gould

OFFICIAL

-------------------------------------------------------------------
Please use this email address for all replies to this request:
foi+-request-10700-f889c63a+AEA-righttoknow.org.au

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

IMPORTANT: This email and any attachments, may contain information that is confidential and privileged information. If you are not the intended recipient, you must not review, copy, disseminate, disclose to others or take action in reliance on, any material contained within this email. If you have received this email in error, please let Airservices Australia know by reply email to the sender informing them of the mistake and delete all copies of this email and any attachments.

hide quoted sections

Dear MBX FOI,

Thank you. FOI 23-42 is still live, then? There is no need for further extensions as the industry consultation should have occurred.

I look forward to a successful outcome. The industry should not dictate to Airservices Australia whether to respond to FOI requests. They can choose to be anonymised/redacted, that is all.

Yours sincerely,

Andrew Terhorst

MBX FOI, Airservices Australia

3 Attachments

OFFICIAL

Dear Dr Terhorst

 

Please find attached the decision on the request FOI 23-32.

 

Regards

 

Marcus Bourget

Authorised FOI Decision Maker

 

Alan Woods Building, 25 Constitution Ave

Canberra ACT 2600, Australia

airservicesaustralia.com

 

OFFICIAL

-----Original Message-----
From: Andrew Terhorst <[FOI #10700 email]>
Sent: Wednesday, September 20, 2023 7:53 AM
To: MBX FOI <[Airservices request email]>
Subject: Freedom of Information request - Industry input into design of
Runway 30 RNP-AR flight path

 

[You don't often get email from
[1][FOI #10700 email]. Learn why this is
important at [2]https://aka.ms/LearnAboutSenderIdentific... ]

 

CAUTION: This email was sent from an external email address. Do not click
any links or open any attachments unless you trust the sender and know the
content is safe.

 

 

Dear Airservices Australia,

 

I request documents showing correspondence between Airservices Australia,
Qantas/Jetstar, and Virgin Australia related to the design and
implementation of the current Runway 30 RNP-AR flight path.

 

Regards,

 

Andrew Terhorst.

 

-------------------------------------------------------------------

 

Please use this email address for all replies to this request:

[3][FOI #10700 email]

 

Is [4][Airservices request email] the wrong address for Freedom of
Information requests to Airservices Australia? If so, please contact us
using this form:

[5]https://www.righttoknow.org.au/change_re...

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[6]https://www.righttoknow.org.au/help/offi...

 

Please note that in some cases publication of requests and responses will
be delayed.

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

 

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IMPORTANT: This email and any attachments, may contain information that is
confidential and privileged information. If you are not the intended
recipient, you must not review, copy, disseminate, disclose to others or
take action in reliance on, any material contained within this email. If
you have received this email in error, please let Airservices Australia
know by reply email to the sender informing them of the mistake and delete
all copies of this email and any attachments.

References

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Dear MBX FOI,

I submitted the FOI request last year and again this year because staffing issues your side caused lengthy delays.

I see only one email from Virgin Australia, which puzzles me as I understand Airservices Australia consults with the airline industry prior to implementing flight paths. Correspondence includes invites to meetings with meeting agendas and written feedback from industry representatives.

I do not consider your response to my FOI to be adequate. I believe there is much more correspondence between Airservices Australia and Qantas/Jetstar and Virgin Australia regarding Runway 30 RNP-AR. Indeed, the email correspondence from Virgin Australia hints strongly at this.

Please dig a bit deeper. I suspect someone is withholding information.

Yours sincerely,

Andrew Terhorst