OFFICIAL
LEGAL, INTERNATIONAL AND REGULATORY AFFAIRS
CASA Ref: F24/28003 CR (Right to Know)
Via email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear CR,
Access to documents under the Freedom of information Act 1982
I refer to your email dated 9 September 2024 seeking access to documents under the
Freedom of
Information Act 1982 (the Act). Your request was for:
On 31 August 2024, a Royal Australian Air Force F/A-18F Super Hornet, a C-17A Globemaster III,
and two Australian Army Tiger armed reconnaissance helicopters conducted flypasts and flying
displays as part of the Brisbane Festival Riverfire event.
The ADF also conducted practice flights for this event on 29 and 30 August 2024.
I request access to the fol owing documents under the Freedom of Information Act 1982:
1. Al clearance and approval documents granted for this event and practice runs.
2. Safety and operational guidelines that were in place for the event and practice runs.
On 13 September 2024, CASA acknowledged your above FOI request and noted that a decision would be
made within a 30-day statutory period, with a due date by Wednesday 9 September 2024
.
Decision
I am the decision maker for your request. Under section 24A(1)(b)(ii) of the FOI Act, I refuse access to your
request on the basis that al reasonable steps were taken to find the document, and I am satisfied that the
document does not exist.
CASA does not hold information regarding flight activities conducted by the Australian Defence Force. In
order to assist you with your request, I now suggest that you approach the Australian Defence Force’s
Freedom of Information team directly who may be able to assist you in locating any documents that may fal
within the above scope.
Further Information
As my suggestion is to contact the Australian Defence Force regarding your above request, you may submit
a FOI request through their online form found at
Freedom of information requests | About | Defence or
alternatively submitting a request to their email address at:
xxx@xxxxxxx.xxx.xx
Civil Aviation Safety Authority
GPO Box 2005 Canberra ACT 2601 | Telephone: 131 757
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Grounds for Review
If you disagree or are not satisfied with any part of the decision you are entitled to seek review. There are
two ways you can do this. You can ask for an internal review from within the agency, or an external review
by the Office of the Australian Information Commissioner (the OAIC). Further information on how to proceed
with a review can be found in
Attachment A to this notice.
Yours sincerely,
Amy George
Freedom of Information Officer
Advisory and Drafting Branch
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
9 October 2024
Civil Aviation Safety Authority
GPO Box 2005 Canberra ACT 2601 | Telephone: 131 757
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ATTACHMENT A
INFORMATION ON RIGHTS OF REVIEW
FREEDOM OF INFORMATION ACT 1982
Application for review of decision
The
Freedom of Information Act 1982 (the Act) gives you the right to apply for a review of this decision.
Under sections 54 and 54L of the Act, you can apply for a review of this decision by:
(i)
an internal review officer within CASA;
(ii)
the Office of the Australian Information Commissioner (the OAIC).
Internal Review
If you apply for internal review, it wil be carried out by a different decision-maker who wil make a fresh
decision on your application. An application for review must be:
• made in writing;
• made within 30 days of receiving this letter; and
• sent to the email address shown in the letter.
No particular form is required, but it is suggested to set out in the application the grounds upon which you
consider the decision should be reviewed. An application for review should be addressed to the Freedom of
Information Officer at the address below:
Freedom of Information
Advisory and Drafting Branch
Legal, International and Regulatory Affairs Division
Civil Aviation Safety Authority
GPO Box 2005
Canberra ACT 2601
If the internal review officer decides not to grant you access to all of the documents which you have
requested access, you have the right to seek a review of that decision by the Information commissioner. You
wil be further notified of your rights of review if and at the time you are notified of the internal review
decision.
Please note that if you apply for an internal review and a decision is not made by an internal review officer
within 30 days of receiving the application, you have the right to seek review by the Information
Commissioner for a review of the original FOI decision on the basis of a ‘deemed refusal;’ decision. An
application for Information Commissioner review in this situation must be made within 60 days of the date
when the internal review decision should be made (provided an extension of time has not been applied).
OAIC Review
If you wish to apply to the OAIC for a review of the decision, you must do so within 60 days of the receiving
the decision letter. You can lodge your application in one of the fol owing ways:
Online:
www.oaic.gov.au Post: GPO Box 5288, SYDNEY NSW 2001
E-mail:
xxxxxxxxx@xxxx.xxx.xx
Civil Aviation Safety Authority
GPO Box 2005 Canberra ACT 2601 | Telephone: 131 757
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An application form is available on the website at
www.oaic.gov.au . Your application should include a copy
of the notice of the decision that you are objecting to, and your contact details. You should also set out why
you are objecting to the decision.
Complaints to the OAIC or the Commonwealth Ombudsman
If you are unsatisfied with the action taken by CASA in relation to your FOI request, you can make a
complaint to the OAIC (the Information Commissioner) or to the Commonwealth Ombudsman. The
Ombudsman wil consult with the Information Commissioner before investigating a complaint about the
handling of an FOI request.
Your enquiries to the Information Commissioner can be directed to:
Phone: 1300 363 992 (local call charge)
Email:
xxxxxxxxx@xxxx.xxx.xx
Your enquiries to the Ombudsman can be directed to:
Phone: 1300 362 072
Email:
xxxxxxxxx@xxxxxxxxx.xxx.xx
No particular form is required to make a complaint to the Ombudsman or to the Information Commissioner.
The request should be in writing and should set out the grounds on which it is considered that the action
taken in relation to the request should be investigated and identify CASA as the relevant agency.
Civil Aviation Safety Authority
GPO Box 2005 Canberra ACT 2601 | Telephone: 131 757
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