Surveillance of Airservices Australia at Sydney Airport

The request was partially successful.

Dear Civil Aviation Safety Authority,

I kindly request the following information relating to Airservices Australia activities that are regulated by CASA:
-Details of all surveillance activity for Sydney Tower and Sydney TCU between the dates 1st January 2022 and 17th February 2023, including any results (including safety observations, alerts, and findings).
-Details of all enforcement activity related to the abovementioned surveillance.
-A summary of any actions required by Airservices including whether they have been addressed or are outstanding.

Yours faithfully,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
CASA Ref: F23/6839

Dear BS

I acknowledge receipt of your request under the Freedom of Information Act 1982.

As you did not use CASA's Freedom of Information application form, can you please confirm the following:

1. Do you agree to the removal of the names of any CASA officers from the documents you are seeking?
2. Do you agree to the removal of the names of any third parties from the documents you are seeking?
3. Where consultation with a third party is necessary, do you agree to the disclosure of your identity for the purposes of third-party consultation?

CASA received your request on 18 February 2023 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 20 March 2032. However, the period of 30 days may be extended if we need to consult third parties or for other reasons. We will advise you if this happens.

You will be notified of any charges in relation to your request as soon as possible, before we process any requested documents or impose a final charge.

When we have made a decision about your FOI request, we will send you a letter explaining our decision and your review and appeal rights.

We will contact you using the email address you provided. Please advise if you would prefer us to use an alternative means of contact.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

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Good morning Keeley,

1. Yes.
2. Yes, although I would assume that "CASA" and "Airservices" are not names that would be removed, and only individuals.
3. No I do not consent for my identity to be communicated, however as I am using only my initials "BS", I am happy for this to be communicated.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL

Thanks for getting back to me and for confirming that.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL

Good morning BS

I wanted to clarify in relation to the third component of your access request:

* A Summary of any actions required by Airservices including whether they have been addressed or are outstanding.

Please note FOI requests are for access to existing documents, documents such as a summary of events cannot be created for the purpose of an FOI request.

I will be in touch again soon to advise of the next step in the FOI process. In the mean time if you have any questions, please let me know.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

I expect that CASA is in possession of internal documents, reports, or summaries, that outline the status of any current findings, observations, or alerts. I am after a copy of any of those reports that pertain to the operations I have outlined. I do not expect a new document to be created.

Alternatively, if this is not possible, and CASA is also unwilling to release the data administratively, then I'm happy to expand part 1 of my request to include all correspondence about the response or management of any applicable findings.

Yours sincerely,

BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Hi BS

Thank you for getting back to me.
I can see there is email documents discussing the findings and management of the findings in relation to the surveillance event. I will go through these to determine what is in scope and will be in touch with you in the coming days.

Thank you.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Freedom Of Information, Civil Aviation Safety Authority

2 Attachments

OFFICIAL
CASA Ref: F23/6839

Good morning BS

Please refer to the attached letter addressed to you.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Dear Keeley,

I contend that the charge should be waived. The information is likely provided to Airservices in an easy to read and understand report, and I am unsure of how such a high charge could be suggested.

This information also relates to the safety and regulation of public safety at Sydney Airport. There is a bona fide public interest in this data.

If it is a specific part of my request that is causing these charges, please advise, and if you refuse my above contentions, I may be able to limit the scope of the FOI request to remove all charges.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Afternoon BS

Thank you for your response.
Yes, as you suggested Airservices are provided with an easy-to-read surveillance report which was one document only 22 pages and covers most of the scope of your request (safety observations, alerts, and findings).

As you are seeking documents that outline the status of any current findings as I previously explained this is not housed in any one document, I therefore included in scope all the emails between Air services and CASA outlining the actions taken regarding each finding. This is what attributed to such a high charge, there was quite a lot of emails which also included attachments, some very large.

Happy to discuss further or over the phone if easier.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

Thank you for the clarification.

I would like to limit my FOI request to the single document you have referred to. I trust this would remove all charges.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

2 Attachments

OFFICIAL
CASA Ref: F23/6839

Hi BS

Thank you for getting back to me and confirming this.
Reducing the scope of your request has not removed the charge altogether, however it has been drastically reduced.

Please refer to the attached letter addressed to you.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Thanks Keeley,

I contend that these charges should be waved. There is clearly a genuine public interest in the release of these files. The document you refer to outlines safety issues in the Australian aviation industry, and refers directly to safety findings of the regulator at Australia's busiest airport. The information contained in the document could have wide-ranging safety impacts on every single flight, and every single passenger in and out of Sydney Airport.

Alternatively, if you think that there is not a substantial public interest, there is obviously at least an interest by a substantial section of the public. This meets the criteria in the FOI Act.

I have already reduced the scope of my request to exclude the voluminous amount of material you earlier referred to. We are now talking about a single document. I trust that in good faith you will waive these charges.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

1 Attachment

OFFICIAL

CASA Ref: F23/6839

Good morning BS

Please refer to the attached letter addressed to you.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

I request internal review of this decision by CASA.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
CASA Ref: F23/6839

Good afternoon BS

I acknowledge receipt of your request for internal review under section 52 of the Freedom of Information Act 1982. An impartial decision-maker has been appointed to review my decision dated 23 March 2023.

CASA received your request on 23 March 2023 and the 30 day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision by 22 April 2023.

We will contact you using the email address you provided. Please advise if you would prefer us to use an alternative means of contact.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Anastasi, Adam, Civil Aviation Safety Authority

1 Attachment

I attach a decision letter.

Adam Anastasi
Branch Manager, Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority

p: 02 6217 1040 f: 02 6217 1607
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Good morning BS

I have reviewed the document within scope of your application. However, as the documents contain business information, under the Freedom of Information Act 1982 (the Act), CASA has an obligation to consult with any third parties involved.

This consultation process has now commenced and the statutory timeframe to process the request is now extended by a further 30 days from 31 March 2023 (date consultation commenced) in order to undertake the consultation process (see sections 27 and 27A of the Act).

CASA will be in touch once this process is complete.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
www.casa.gov.au
   
CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Freedom Of Information, Civil Aviation Safety Authority

1 Attachment

OFFICIAL

Good morning BS

Please refer to the attached letter addressed to you.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
http://www.casa.gov.au/

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

I request an internal review of this decision.

I do not believe the exemptions you have applied are sound. The document does not relate to any national secrets, commercial in confidence information, or information which if exposed would have a detrimental effect to any specific individual. Transparency around safety and regulatory compliance should be provided openly to the traveling public.

I would note that CASA has already come to a final conclusion that it would be in the public interest to release this document. This was completed as part of my previous internal review (of which I was successful).

Alternatively, as you have suggested that the exemptions are due to ongoing work, if you could advise a specific date when the document will be able to be released, it could alleviate this need for review.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Good afternoon BS

Thank you for your email.
Before I proceed to raise your request for an internal review of my decision, If you like I can consult the surveillance team on the review process as well as our investigations team on the enforcement action to gauge an understanding of a possible timeframe for completion.

I must inform you however, following conclusion of the surveillance review if you are to lodge a fresh FOI request for access to the document this does not guarantee it will be released to you in full.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
http://www.casa.gov.au/

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

Thank you for responding. I would certainly be grateful to accept your offer to find out a possible time frame for release. I think it would make things easier for us both.

Have a lovely weekend.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Thanks for letting me know. I'll be back in touch with you next week.

Thank you, and you have a lovely weekend too.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
http://www.casa.gov.au/

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

Do we have a response yet?

BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Good afternoon BS

I have today spoken with the Branch Manager of Litigation and Investigations. As this is an ongoing matter and subject to further review, with new information still coming to light I'm unable to put a timeline on when this is likely to be finalised. As I advised previously should you wish to submit another FOI request for access to the document at a later date when the matter is finalised there is no guarantee the document would be released, a decision would be made in accordance with the FOI act and third-party consultation on release would occur, exemptions may still apply.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
http://www.casa.gov.au/

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

Thank you for following up. I now request internal review of this decision.

For transparency; if the internal review does not find in my favour I will request the OAIC to review this. This is a document which CASA itself suggested I narrow my scope to, despite it being now clear that you do not wish to release the document. This has in effect meant CASA has deliberately extinguished my request. Further, I do not believe that exemptions on the basis of a future investigation, are warranted when my request is about a historical, point-in-time document which represents a snapshot of compliance.

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Good morning BS

I acknowledge receipt of your request for internal review under section 52 of the Freedom of Information Act 1982. An impartial decision-maker has been appointed to review my decision dated 28 April 2023.

CASA received your request on 5 May 2023 and the 30 day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision by 4 June 2023.

We will contact you using the email address you provided. Please advise if you would prefer us to use an alternative means of contact.

Kind Regards,

Keeley Phengrasmy
A/g Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
http://www.casa.gov.au/

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Hi Keeley,

As the timeframe expires Sunday, should I expect a response today or on Monday?

Yours sincerely,
BS

Freedom Of Information, Civil Aviation Safety Authority

OFFICIAL
Good evening BS

I couldn't respond to your email earlier, please note you should expect a decision on Monday.

Kind Regards,

Keeley Phengrasmy
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
02 6217 1909
GPO Box 2005 CANBERRA ACT 2601
http://www.casa.gov.au/

CASA acknowledges the Traditional Custodians of country throughout Australia and their continuing connection to land, water and community.
We pay our respects to them and their cultures and to their elders past, present and emerging.

show quoted sections

Anastasi, Adam, Civil Aviation Safety Authority

2 Attachments

I attach a decision letter and attachment to that letter.

Adam Anastasi
Branch Manager, Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority

p: 02 6217 1040 f: 02 6217 1607
GPO Box 2005 CANBERRA ACT 2606
www.casa.gov.au
   

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Anastasi, Adam, Civil Aviation Safety Authority

1 Attachment

Hi
I omitted to remove the name of a CASA officer on one of the pages of the surveillance report, therefore please see attached report that replaces the version sent earlier today.

Adam

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Thank you Adam. I am grateful that after 4 months my request has finally been granted.

FYI you missed one redaction where you name the inspector.

Yours sincerely,
BS