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Expect this decision by Senior Member Taylor in the Administrative Appeals Tribunal this week  to make big news, at least in aviation circles. Michael McKinnon of the Seven Network and Mr Vasta the assistant federal secretary of the Australian Licensed Aircraft Engineers Association substantially succeeded in a Freedom of Information case against the Civil Aviation Safety Authority, winning access to CASA safety audit reports from 2006-07 concerning problems with, and standards for, maintenance of Qantas aircraft offshore.

CASA argued against disclosure, supported by submissions from Qantas (strangely not a party to proceedings) and other international airlines, about the detrimental effects that would follow. Senior Member Taylor found many of these claims to be general and overblown, and didn't think much of what CASA's main witness had to say on some matters. Exemptions that involved prejudice to the future supply of information, adverse effect on operations and unreasonable effect on business affairs, on the evidence, were not made out, with an exception for one category of documents, Service Difficulty Reports submitted by Qantas concerning serious safety problems

CASA also came in for some crticism about the handling of the FOI applications, which go back three years, including the narrow way it had interpreted a request, and whether all relevant documents had been identified.

The Tribunal, subject to submissions from CASA, is disposed to make a rare recommendation to the Attorney General that the Government pay what would be the "substantial costs" of the applicants, but an anachronistic limitation on the need to demonstate financial hardship is probably going to get in the way here.

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