Merged: Senate Inquiry

[Sarcs]

"Feel like a Tooheys" - One for the girls.

Recently there was an FOI review decision, made by the soon to be defunct OAIC, that went against FF...

This decision would seem to be at odds with previous similar review decisions that involves CAsA , normally made by the commissioner himself - Prof MacMillan - or his delegated minions. The Prof is on some sort of sabbatical, perhaps looking for a new job, consequently Karen Toohey is in the acting role. Here is the background to this review case (Veronica Bijl and Civil Aviation Safety Authority [2014] AICmr 108 - 3 October 2014) :

Background

1. Ms Bijl purchased an aircraft VH-FLR from the affected third party in November 2008. The third party continued to operate and maintain the helicopter.
2. On 1 July 2013, Ms Bijl applied to CASA for access to:
   • (1) CASA’s audit findings or a result in relation to aircraft VH-FLR from the years 2009 to 2011, including but not limited to:
     • (a) Maintenance& servicing;
     • (b) Training;
     • (c) Operational; and
   • (2) Any action taken upon [the third party] (and all associated company names) by CASA between 2009 and 2011.
3. On 9 September 2013, the CASA made a decision on the FOI request. CASA identified 55 pages of documents as falling within the scope of the FOI request. CASA refused access to all the documents. In making its decision, CASA relied on the business exemption (s 47G(1)(a)) and certain operations of agencies exemption (s 47E(d)).
4. On 8 October 2013, Ms Bijl applied for internal review of CASA’s decision.
5. On 11 November 2013, CASA varied its original decision. CASA refused access to some documents and granted access to others. In making its internal review decision, CASA relied on ss 47G(1)(a), 47G(1)(b) and 47E(d).
6. On 6 January 2014, the applicant sought IC review of this decision under s 54L of the FOI Act.

The review decision is not a laborious read and I recommend reading it in full but to cut to the chase here is Ms Toohey's final decision:

Decision

1. Under s 55K of the FOI Act, I set aside the Department’s decision of 11 November 2013 and decide, in substitution for that decision, that:
   1. the Audit Report falls within the scope of the FOI request
   2. the Request Form and Audit Report contain the name, position and contact details of individuals connected with the third party and this personal information is exempt under s 47F
   1. the Request Form and Audit Report are not conditionally exempt under ss 47E or 47G and the Audit Report is not exempt under s 47
   1. an edited copy of the Request Form and Audit Report should be prepared under s 22 and released to the applicant.

Karen Toohey
Acting Freedom of Information Commissioner
3 October 2014

Love it and definitely a win for the girls...

MTF...

Ps Here is the program for Senate Estimates on Mundy...

SENATE RURAL AND REGIONAL AFFAIRS AND TRANSPORT LEGISLATION COMMITTEE - Supplementary Budget Estimates for 2014-15 (Monday 20 October 2014)

...wonder how Tezza will stay alert as the hearing is way..way past his bedtime..
Oh well I guess it's port & stogies all round...