Information leading to the Promulgation of CAO 100.5

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,

The following documents are being sought for the purposes of the Freedom of information Act.

All documents what-so-ever including but not limited to:
 Correspondence;
 File Notes;
 Meeting Notes;
 Internal Memo’s;
 Diary/ calendar entries;
 Telephone records;
 All data electronically collected, being by mobile phone, Dictaphone, tape recorder or mp3/4 recorder or other means
 E-mails;
 All database entries including entries into Sky Sentinel, TRIM and AIRS;
 Images;
 Individual FOI [Flight Operation Inspector], AWI comments and resulting documentation;
 All supervisory staff records relating to the matter;
 If referred to the CASA Board, all related Board minutes, discussions and recommendations made to advise CASA as to direction for the Board in relation to this

In relation to:

Promulgation of CAO 100.5:

Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2) (the Amendment Instrument) was registered on the Federal Register of Legislative Instruments on 31 July 2013 and came into effect on 1 August 2013, immediately before the commencement of Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 1).

Yours faithfully,

Rob Cumming

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Locutus Sum left an annotation ()

I think that with every other request that I have seen on Right to Know, where the applicant asks for something like "All documents what-so-ever including but not limited to ...", the response is predictable and understandable. The predictable response is that the agency will refuse to deal with the request and will give the reason of s 24AA ("When does a practical refusal reason exist?"). Section 24AA explains when it is that a "practical refusal reason" exists, and s 24 gives the agency the power to refuse to deal with a request if a practical refusal reason exists. The main reason for a "practical refusal reason" to exist is because "the work involved in processing the request would substantially and unreasonably divert the resources of the agency from its other operations."

After the applicant is notified that a practical refusal reason exists, there will then be a time for negotiation and resolution of the refusal reason. So it is important for an applicant to ask himself or herself, "This is a predictable response. It might add 44 days to the time to process the request. Can I avoid this delay by making a smaller request at the beginning." Sometimes it is impossible to make the first request smalller because an applicant must have some information of exactly where the big workload is before she can limt the request. Yet most frequently, the applicant could make the request smaller right from the beginning. For example, in the case of this application, does the applicant really want "all correspondence" even if the mention of CAO 100.5 is trivial; for example, "Rob, could you please spelling in latest draft of CAO 100.5?"

Of course the very first important thing to say is what time period you want the search to cover. Also does the applicant only want something that mentions "CAO 100.5", or anything that might be relevant to CAO 100.5 even if it did not have this name when it was written or discussed?

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From: Gobbitt, David
Civil Aviation Safety Authority

UNCLASSIFIED
Good morning Mr Cumming,

I confirm receipt of your FOI request of 29 October 2016.

I will be the contact officer for your request and am contactable as detailed below.

Regarding your request, I seek confirmation that you are seeking documents solely relating to the promulgation of Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2).

I will be in touch shortly regarding 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 Gobbitt, David,

Yes, the intent of the FOI is to seek the required information just about 100.5

Yours sincerely,

Rob Cumming

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From: Gobbitt, David
Civil Aviation Safety Authority

UNCLASSIFIED
Thank you for your reply Rob,

Again, to clarify your request, are you able to confirm if you are seeking access to documents regarding the promulgation of Civil Aviation Order 100.5 (the principal instrument);

or are you seeking access to documents regarding the promulgation of Civil Aviation Order 100.5 Amendment Instrument 2013 (No. 2), as per your reference at the end of your initial email?

Thanks again,

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,

Seeking access to documents regarding the promulgation of Civil Aviation Order 100.5 (the principal instrument);

Yours sincerely,

Rob Cumming

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From: Gobbitt, David
Civil Aviation Safety Authority


Attachment 201611241132.pdf
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UNCLASSIFIED
Good afternoon Rob,

Please find attached my decision letter 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 'Information leading to the Promulgation of CAO 100.5'.

I find it hard to believe there are no documents in a change to legislation as major as this. Please review your information set.

A full 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,

Rob Cumming

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From: Anastasi, Adam
Civil Aviation Safety Authority


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UNCLASSIFIED
Rob
 
As David's decision letter explains, he liaised with you about the terms
of your request - and sought clarification whether you sought documents
about the 2013 amendment to the CAO. His letter makes clear he understood
you to have refined your request only to relate  to the initial making of
the CAO (which was in the 1980's). Your email below is referring to a
"major change".  What change are you referring to. Are you saying you are
seeking documents relating to the 2013 amendment?
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
[1]www.casa.gov.au
[2][IMG][3][IMG] [4][IMG][5][IMG] [6][IMG][7][IMG] [8][IMG][9][IMG]

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From: Rob Cumming

Delivered

Dear Anastasi, Adam,

Yes Adam, only interested in the current changes. I would have dated the issue to the 1980's if that was the request.

Of course it is the 2013 series of ammendments and the material that supports those and the RIS or documents that support this being a non-RIS change that are required.

Yours sincerely,

Rob Cumming

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From: Anastasi, Adam
Civil Aviation Safety Authority


Attachment 201611280911.pdf
162K Download View as HTML


UNCLASSIFIED
Rob

I attach a decision letter. As you can see, I am satisfied that you changed the terms of your request to only seek documents concerning the first/ original making of CAO 100.5.

It appears by your email of this morning below, you now seek documents concerning both 2013 amendments to the CAO. If that is the case, you may lodge another request for access to documents with CASA.

Adam

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Things to do with this request

Anyone:
Civil Aviation Safety Authority only: