Timeframes for Class 4 medical certificate promulgation
Dear Civil Aviation Safety Authority,
Preamble:
On your General Aviation Work Plan website, you have a page which details timeframes for various elements of a task to "Review Part 67 of CASR aviation medical policy" which provides "Activities and timeframes" for various sub-tasks.
https://www.casa.gov.au/resources-and-ed...
The document says, "Timeframes for Class 4 medical certificate to be confirmed following completion of key milestones associated with the Class 5 medical certificate exemption instrument."
The Class 5 medical certificate exemption instrument was completed on 2 February 2024, CASA EX01/24.
Please disclose:
- any documents which identify the "key milestones associated with the Class 5 medical certificate exemption instrument" to be completed before timeframes for the Class 4 medical certificate can be confirmed.
- any documents which contain actual or proposed timeframes for the delivery of Class 4 medical certificate regulations.
- any documents containing full or partial proposals for the content of regulations pertaining to the Class 4 medical certificate.
Please search thoroughly and rapidly: Someone at CASA is leaking to AOPA, and it'd be embarrassing if this showed up on their website before it appeared on yours.
Yours faithfully,
Mark Newton
OFFICIAL
CASA Ref: F24/5860
Dear Mr Newton,
I refer to your email of 16 February 2024, whereby you made a request for
the following documents under the Freedom of Information Act 1982 (the FOI
Act):
Please disclose:
- any documents which identify the "key milestones associated with the
Class 5 medical certificate exemption instrument" to be completed before
timeframes for the Class 4 medical certificate can be confirmed.
- any documents which contain actual or proposed timeframes for the
delivery of Class 4 medical certificate regulations.
- any documents containing full or partial proposals for the content of
regulations pertaining to the Class 4 medical certificate.
I acknowledge receipt of your request under the FOI Act. CASA received
your request on 16 February 2024 and the 30-day statutory period for
processing your request commenced from the day after that date. You should
therefore expect a decision by COB 18 March 2024. However, the period of
30 days may be extended if CASA needs to consult third parties or for
other reasons. CASA 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. CASA’s practice is to release documents in pdf format transmitted
via email to your nominated email address. Please advise if you wish a
different communication method – additional charges may apply.
When CASA has made a decision about your FOI request, we will send you a
letter explaining our decision and your review and appeal rights.
Should you have any queries, please do not hesitate to contact me at:
[1][CASA request email]
Kind regards,
Amy George
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
GPO Box 2005 CANBERRA ACT 2601
[2]www.casa.gov.au
[3][IMG][4][IMG][5][IMG][6][IMG]
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.
IMPORTANT:
This email may contain confidential or legally privileged information and
may be protected by copyright. It remains the property of the Civil
Aviation Safety Authority and is meant only for use by the intended
recipient. If you have received it in error, please notify the sender
immediately by reply email and delete all copies, together with any
attachments.
References
Visible links
1. mailto:[CASA request email]
2. http://www.casa.gov.au/
3. https://www.facebook.com/CivilAviationSa...
4. https://twitter.com/CASABriefing
5. https://www.linkedin.com/company/civil-a...
6. https://www.youtube.com/user/casabriefing
OFFICIAL
CASA Ref: F24/5860
Dear Mr Newton,
I refer to your email of 16 February 2024, whereby you requested access to
the following documents under the Freedom of Information Act 1982 (the FOI
Act):
Please disclose:
- any documents which identify the "key milestones associated with the
Class 5 medical certificate exemption instrument" to be completed before
timeframes for the Class 4 medical certificate can be confirmed.
- any documents which contain actual or proposed timeframes for the
delivery of Class 4 medical certificate regulations.
- any documents containing full or partial proposals for the content of
regulations pertaining to the Class 4 medical certificate.
Please be advised that CASA is currently processing your above request,
and consulting with various business areas within CASA to locate any
documents that may fall within the scope of your request.
I note that the due date for your request is COB Monday 18 March 2024,
however, in processing your request, the FOI team has experienced delays
due to the various amount of FOI requests that are pending and also due to
staffing issues.
In order to continue processing your request, could you please let me know
if you are agreeable in providing CASA with a three week extension of
time, with a decision being provided to you by COB Monday 8 April 2024,
(taking into consideration the Easter holidays)?
I sincerely apologise for any inconvenience this may cause and thank you
for your patience during this time.
Should you have any queries, please do not hesitate to contact me.
Kind regards,
Amy George
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
GPO Box 2005 CANBERRA ACT 2601
[1]www.casa.gov.au
[2][IMG][3][IMG][4][IMG][5][IMG]
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.
IMPORTANT:
This email may contain confidential or legally privileged information and
may be protected by copyright. It remains the property of the Civil
Aviation Safety Authority and is meant only for use by the intended
recipient. If you have received it in error, please notify the sender
immediately by reply email and delete all copies, together with any
attachments.
References
Visible links
1. http://www.casa.gov.au/
2. https://www.facebook.com/CivilAviationSa...
3. https://twitter.com/CASABriefing
4. https://www.linkedin.com/company/civil-a...
5. https://www.youtube.com/user/casabriefing
Dear Ms George,
On the expectation that this will be the only extension required, and the understanding that the documents are likely prominently featured within the relevant project plan and hence unlikely to require the full three week term to discover, I'm agreeable to providing the requested extension.
I look forward to the result on or before COB 8 April 2024.
Yours sincerely,
Mark Newton
OFFICIAL
CASA Ref: F24/5860
Dear Mr Newton,
Thank you for your email of 18 March 2024, agreeing to our request for
extension of time to process your FOI request.
Please find attached a s.24AB consultation notice in relation to your
request, F24/5860.
Kind regards,
Amy George
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
GPO Box 2005 CANBERRA ACT 2601
[1]www.casa.gov.au
[2][IMG][3][IMG][4][IMG][5][IMG]
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.
IMPORTANT:
This email may contain confidential or legally privileged information and
may be protected by copyright. It remains the property of the Civil
Aviation Safety Authority and is meant only for use by the intended
recipient. If you have received it in error, please notify the sender
immediately by reply email and delete all copies, together with any
attachments.
References
Visible links
1. http://www.casa.gov.au/
2. https://www.facebook.com/CivilAviationSa...
3. https://twitter.com/CASABriefing
4. https://www.linkedin.com/company/civil-a...
5. https://www.youtube.com/user/casabriefing
Dear Ms George,
I am somewhat surprised that the document requests I have made are grounds for practical refusal due to the large number of documents involved.
Of the three bullet points in my request:
"Any documents which identify the 'key milestones associated with the Class 5 medical certificate
exemption instrument' to be completed before timeframes for the Class 4 medical certificate can be
confirmed," should be located in the Class 4 project plan, able to be readily provided by the CASA project manager responsible for delivery of the medical reform program.
CASA made commitments in the General Aviation Workplan in relation to Class 4 timelines. Such a prominently published promise should be very well understood and clearly documented.
Similarly, "any documents which contain actual or proposed timeframes for the delivery of Class 4 medical certificate regulations," also ought to be part of the Class 4 project plan and able to be readily provided by the CASA project manager responsible for the delivery of the medical reform program.
My request for "any documents containing full or partial proposals for the content of regulations pertaining to the Class 4 medical certificate," could admittedly be open-ended if CASA has already performed significant evaluation and positioning.
So, with that said, I'd like to proceed with this by submitting a revised request.
I'd like this request to continue on the previously agreed timeframe, with its scope restricted to the first bullet point: "any documents which identify the 'key milestones associated with the Class 5 medical certificate exemption instrument' [referenced in the GA Workplan] to be completed before timeframes for the Class 4 medical certificate can be confirmed."
I'd like the other two bullet points in my request to be carried forward as two new requests, with a submission date of today's date, with delivery expected on or before COB 18 April 2024.
I trust this reduction in scope allows this request to continue without further interruption: It is inconceivable that CASA would have committed to producing timelines for Class 4 contingent on "key milestones associated with ... Class 5" without knowing what those key milestones are, and I'm anticipating that this request can be answered by the disclosure of one email message, slide deck or project plan deliverable specification.
Yours sincerely,
Mark Newton
OFFICIAL
Dear Mr Newton
Thank you for your email and proposal to revise the scope of your original request and the making of 2 new requests. My FOI officer is away today but we have enquiries already underway for the narrowed scope and will progress the original (revised) request as discussed.
Kind regards
Paul
Paul Hibberd (Mr, he/him/his)
Branch Manager, Advisory & Drafting
CASA\Legal, International & Regulatory Affairs Division
p: +61 (0)2 6217 1611
CASA acknowledges the traditional custodians of Country throughout Australia and their continuing connection to land, sea and community. We pay our respects to them and their cultures and to their Elders both past, present and emerging
OFFICIAL
CASA Ref: F24/10455
Dear Mr Newton,
I refer to your email of 19 March 2024 (below) in response to the consultation notice I sent you for your FOI request, F24/5860. In your response where you revised your request, you made two new FOI requests. Please find below the acknowledgment to your request, the second acknowledgement will be provided to you in due course in a separate email.
I refer to your email of 19 March 2024, whereby you made a request for the following documents under the Freedom of Information Act 1982 (the FOI Act):
- any documents which contain actual or proposed timeframes for the delivery of Class 4 medical certificate regulations.
I acknowledge receipt of your request under the FOI Act. CASA received your request on 19 March 2024 and the 30-day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision by COB Friday 19 April 2024. However, the period of 30 days may be extended if CASA needs to consult third parties or for other reasons. CASA will advise you if this happens. Should the timeframe be extended, you will be notified by CASA with the new due date. Your above request has been assigned the reference number F24/10455, please use this reference number in future correspondence relating to your above request.
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. CASA's practice is to release documents in pdf format transmitted via email to your nominated email address. Please advise if you wish a different communication method - additional charges may apply.
When CASA has made a decision about your FOI request, we will send you a letter explaining our decision and your review and appeal rights.
Should you have any queries, please do not hesitate to contact me at: [CASA request email]
Kind regards,
Amy George
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
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.
OFFICIAL
CASA Ref: F24/10460
Dear Mr Newton,
I refer to your email of 19 March 2024 (below) in response to the consultation notice I sent you for your FOI request, F24/5860. In your response where you revised your request, you made two new FOI requests. Please find below the acknowledgment to your request, the second acknowledgement will be provided to you in due course in a separate email.
I refer to your email of 19 March 2024, whereby you made a request for the following documents under the Freedom of Information Act 1982 (the FOI Act):
- any documents containing full or partial proposals for the content of regulations pertaining to the Class 4 medical certificate regulations.
I acknowledge receipt of your request under the FOI Act. CASA received your request on 19 March 2024 and the 30-day statutory period for processing your request commenced from the day after that date. You should therefore expect a decision by COB Friday 19 April 2024. However, the period of 30 days may be extended if CASA needs to consult third parties or for other reasons. CASA will advise you if this happens. Should the timeframe be extended, you will be notified by CASA with the new due date. Your above request has been assigned the reference number F24/10460, please use this reference number in future correspondence relating to your above request.
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. CASA's practice is to release documents in pdf format transmitted via email to your nominated email address. Please advise if you wish a different communication method - additional charges may apply.
When CASA has made a decision about your FOI request, we will send you a letter explaining our decision and your review and appeal rights.
Should you have any queries, please do not hesitate to contact me at: [CASA request email]
Kind regards,
Amy George
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
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.
OFFICIAL
CASA Ref: F24/5860
Dear Mr Newton,
I refer to your email of 19 March 2024, where you revised your FOI request
to:
Any documents which identify the key milestones associate with the Class 5
medical certificate exemption instrument to be completed before timeframes
for the Class 4 medical certificate to be confirmed.
Please find attached a s.29 Notice of Preliminary Charges, as well as the
corresponding schedule providing a break down calculation of costs in
relation to your above request, F24/5860.
Please confirm whether you agree to pay the charges by COB Tuesday 7 May
2024.
Please do not hesitate to contact me should you have any queries.
Kind regards,
Amy George
Freedom of Information Officer
Legal Advisory and Drafting
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
GPO Box 2005 CANBERRA ACT 2601
[1]www.casa.gov.au
[2][IMG][3][IMG][4][IMG][5][IMG]
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.
IMPORTANT:
This email may contain confidential or legally privileged information and
may be protected by copyright. It remains the property of the Civil
Aviation Safety Authority and is meant only for use by the intended
recipient. If you have received it in error, please notify the sender
immediately by reply email and delete all copies, together with any
attachments.
References
Visible links
1. http://www.casa.gov.au/
2. https://www.facebook.com/CivilAviationSa...
3. https://twitter.com/CASABriefing
4. https://www.linkedin.com/company/civil-a...
5. https://www.youtube.com/user/casabriefing
OFFICIAL
Dear Mr Newton
I refer to your email below in which, among other things, you made 2 new requests for access to documents under the Freedom of Information Act 1982 (FOI Act). Your requests, with our references F24/10455 and F24/10460 are for:
1. Any documents which contain actual or proposed timeframes for the delivery of Class 4 medical certificate regulations
2. Any documents containing full or partial proposals for the content of regulations pertaining to Class 4 medical certificate.
CASA has identified documents relevant to your requests and has made a calculation of fees and charges under the FOI Act for the requests. Our correspondence about those charges for the 2 requests is attached.
Kind regards
Paul
Paul Hibberd (Mr, he/him/his)
Branch Manager, Advisory & Drafting
CASA\Legal, International & Regulatory Affairs Division
p: +61 (0)2 6217 1611
CASA acknowledges the traditional custodians of Country throughout Australia and their continuing connection to land, sea and community. We pay our respects to them and their cultures and to their Elders both past, present and emerging
Dear Mr Hibberd, Ms George.
I confess that I find this fascinating.
When I made my initial request for three line items, I was told that servicing it was onerous enough to form grounds for practical refusal, and I wouldn't be able to have any of it.
So I broke it up into two requests, where the first request covers the first line item and the second request covers the other two line items.
And your response to me asking for the same thing in a different form of words is that gathering the documents I've asked for isn't onerous at all, and I can have the requested disclosures as long as I'm prepared to give you money.
The only measurable effect of the notice of practical refusal has been to turn a 30 day FOI request into one that takes 60 days (and counting). I believe the initial notification of practical refusal was incompetently made for the purpose of producing delay. This, of course, colors my interpretation of the newly signalled intention to levy fees: Why should I expect that this new assessment has been conducted with any more expertise than the first, which was clearly objectively erroneous?
But of course, the only way I can find out is by paying the bill.
Please proceed with the $218.07 charge in your notification ref F24/10460, the $137.51 charge in your notification ref F24/10455, and the $421.67 charge in Amy George's notification ref F24/5860.
Yours sincerely,
Mark Newton