legal costs from March 2017 to the current date.

Phil Richards made this Freedom of Information request to Airservices Australia

The request was partially successful.

From: Phil Richards

Delivered

Dear Airservices Australia,

Documents showing the total amount spent on external legal firms for any workplace disputes/bullying/harassment/complaints (where an ARRF officer may have been stood down during the investigation) for the period 1 March 2017 to the current date for the ARFF business unit only.

Yours faithfully,

Phil Richards

Link to this

From: Legal
Airservices Australia


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Dear Mr Richards

 

I acknowledge the receipt of your request for access to documents under
the Freedom of Information Act 1982 (Cth) (FOI Act).  I note you have
requested:

 

“Documents showing the total amount spent on external legal firms for any
workplace disputes/bullying/harassment/complaints (where an ARRF officer
may have been stood down during the investigation) for the period 1 March
2017 to the current date for the ARFF business unit only.”

 

Processing period and third party consultation

 

The statutory period for processing your request is 30 calendar days
commencing from the day after the day the request was received. Your
request was received on 8 May 2018.

 

However, if your request captures documents that contains information
concerning the business, commercial or financial affairs of another
organisation or individual (third party), Airservices Australia is
required to consult with these third parties concerned before making a
decision on the release of those documents: see section 27 of the FOI Act.

 

If consultation is undertaken with third parties, the initial 30-day
period for processing your request will be extended by a further 30 days
in order to allow our Airservices time to (see section 15(6) of the FOI
Act). 

 

Charges

 

Airservices may impose a charge for the work involved  in providing access
to the documents you requested. We will be notify you of any charges in
relation to your request as soon as possible, before we process any
requested documents.

 

Disclosure log

 

Please note that subject to certain exceptions, information released under
the FOI Act may later be published online on our disclosure log
(http://www.airservicesaustralia.com/abou....

 

Contact details

 

I will contact you using this email address
([email address]). 

 

If you have any questions, please do not hesitate to contact me.

 

Kind regards

 

 

Shan Gunawardena

FOI Coodinator

Office of General Counsel

Airservices Australia

 

[email address]

[1]Website

 

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From: Legal
Airservices Australia


Attachment image001.gif
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Attachment FOI28 0518 Notice of Charges.pdf
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Dear Mr Richards

 

Please find attached correspondence in relation to your Freedom of
Information request.

 

Kind regards

 

Shan Gunawardena

Legal Counsel, Privacy Officer,

FOI Coodinator & Authorised Decision Maker

Office of General Counsel

Airservices Australia

 

t 02 6268 4877

e [email address]

[1]Website

 

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From: Phil Richards

Delivered

Dear Shan

Bring your attention to the following:

Guiding principles
4.3 An agency or minister has a discretion to impose or not impose a charge, or impose
a charge that is lower than the applicable charge, under reg 3 of the Charges Regulations.
In exercising that discretion, the agency or minister should take account of the ‘lowest
reasonable cost’ objective, stated in the objects of the FOI Act (s 3(4)):

… functions and powers given by this Act are to be performed and exercised, as
far as possible, to facilitate and promote public access to information, promptly
and at the lowest reasonable cost.1

4.4 Agencies and ministers should interpret the ‘lowest reasonable cost’ objective
broadly in imposing any charges under the FOI Act. That is, an agency or minister should
have regard to the lowest reasonable cost to the applicant, to the agency or minister, and
the Commonwealth as a whole. Where the cost of calculating and collecting a charge
might exceed the cost to the agency to process the request, it would generally be more
appropriate not to impose a charge.2 In assessing the costs of calculating and collecting a
charge, agencies should also take into account the likely costs that may be incurred by the
agency, as well as other review bodies, if the applicant decides to seek further review.

In light of the $8.75 charge, I would assume just your hourly rate would be 10 times this amount, let alone the cost from others that may have been involved in the charges notice decision. I aware that FOI Charges are not a cost recovery exercise, however more about the work being conducted and at the lowest reasonable cost.

Anyway, in saying all that, I wish to contend the charges in full on the grounds of public interest, there is a great interest within the public that public money is being used correctly. I understand that ASA is self funded in a sense, however is the general public that purchases tickets to fly and end result is that part of the ticket purchase is to cover the cost of the airline using Airservices services, in the case that Airservices is overspending and could lead to increased prices for services over the next few years leading to increased flight costs that airlines will have to pass onto the passengers, the tax payers.

Regards

Phil Richards

Link to this

From: Richardson, Alice
Airservices Australia


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Dear Mr Richards

 

I am writing to you to enquire whether you require the details of current
and former Airservices employees (names, signatures, positions and contact
details) to be captured in your Freedom of Information request; or whether
you would like that information to be considered irrelevant to your
request.

 

Would you please confirm whether Airservices employee details would be
irrelevant to your request ?

 

Kind regards

 

Alice Richardson

A/g FOI Coordinator

Office of General Counsel

Airservices Australia

25 Constitution Avenue, Canberra ACT 2601

 

[1][email address]

[2]Website

 

 

References

Visible links
1. mailto:[email address]
2. http://www.airservicesaustralia.com/

Link to this

From: Phil Richards

Delivered

Dear Alice

As mentioned in other requests, names, signatures,and contact details can be irrelevant, however position can remain relevant.

Yours sincerely,

Phil Richards

Link to this

From: Richardson, Alice
Airservices Australia


Attachment image001.gif
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Attachment FOI27 0518 and FOI28 0518 Decision to waive charges signed 1.pdf
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Dear Mr Richards,

 

We have decided to waive your FOI charges. Please find attached a decision
letter.

 

Kind regards,

 

Alice Richardson

Legal Counsel

Office of General Counsel

Airservices Australia

25 Constitution Avenue, Canberra ACT 2601

t: 02 6268 5494

e: [1][email address]

[2]Website

 

CAUTION: This e-mail is confidential. If you are not the intended
recipient, you must not disclose or use the information contained in it.
If you have received this e-mail in error, please tell us immediately by
return e-mail and delete the document. Airservices Australia does not
represent, warrant or guarantee that the integrity of this communication
is free of errors, virus or interference.

 

References

Visible links
1. mailto:[email address]
2. http://www.airservicesaustralia.com/

Link to this

From: Phil Richards

Delivered

Dear Alice,

Thank you for waiving the charges on the two FOIs, coould you please advise when the documents may become available?

Yours sincerely,

Phil Richards

Link to this

From: Richardson, Alice
Airservices Australia

Dear Phil,

We are about to send you a decision on access for one of your FOIs (the FOI regarding FOI).
The other FOI is not due for a decision yet. We will be in touch in due course regarding that one.

Have a lovely day.

Alice Richardson

Legal Counsel

Office of General Counsel

Airservices Australia

25 Constitution Avenue, Canberra ACT 2601

t: 02 6268 5494

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Link to this

From: Legal
Airservices Australia


Attachment image001.gif
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Attachment image002.gif
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Attachment FOI28 0518 Notice of Decision.pdf
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Attachment Document 1.pdf
1.2M Download View as HTML

Attachment Document 2.pdf
1.1M Download View as HTML

Attachment Document 3.pdf
1.6M Download View as HTML

Attachment Document 4.pdf
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Attachment Document 5.pdf
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Attachment Document 6.pdf
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Dear Mr Richards

 

Please find attached the notice of decision and the relevant documents
related to your Freedom of Information request FOI28-0518.

 

Kind regards

 

Shan Gunawardena

FOI Coodinator

Office of General Counsel

Airservices Australia

 

[email address]

[1]Website

 

show quoted sections

Link to this

Things to do with this request

Anyone:
Airservices Australia only: