19 April 2023
Som Mukherjee
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
nbn ref: FOI2223049.003
Dear Som
Request for information
I am writing in relation to your correspondence to
nbn’s FOI Officer email address on 24 March 2023 seeking:
“
the timeframe as to when our house [at the address in your request] will get the fibre upgrade”
The
Freedom of Information Act 1982 (Cth) (
FOI Act) provides that members of the public have a general right of
access to specific documents, subject to certain exemptions. Und
er section 15(2) of the FOI Act, a valid FOI
request must state that the request is an application for the purposes of the FOI Act and provide such information
concerning the requested documents as is reasonably necessary to enable
nbn to identify them, among other
things.
nbn’s Commercial Activities Carve-out I refer you to
nbn’s commercial activities carve-out (
CAC) or carve-out from the application of the FOI Act and refer
you to
section 7(3A) and
Part II of Schedule 2 of the FOI Act. Please be aware that documents that are in relation
to
nbn’s “commercial activities” are not subject to the operation of the FOI Act and would be exempt from release.
The following link summarises and provides
general background information concerning
nbn’s commercial
activities carve-out. That background document references two reviews by the Australian Information
Commissioner that considered
nbn’s CAC: th
e Internode Decision (in January 2012) and th
e Battersby Decision (in
July 2013).
While I am not making a formal decision and have not reviewed any documents, I note that there is a distinct
possibility that documents falling within the terms of this request may be subject to the CAC, among other
exemptions from release. In the past,
nbn has refused access to information relating to its fibre upgrade program
on the basis that it relates to our commercial activities.
nbn would do so in relation to your request if the CAC is
found to apply.
Scope of Request
If you wish to pursue your request, some clarification will be required. Your request refers to a “
timeframe”. By this
are you seeking a specific time period, or just whatever information
nbn has, if any. Please also clarify what you
mean by “
get the fibre upgrade”. There are many stages to the rollout of the fibre network. Are you referring to
when fibre is scheduled to be run past your house, when that cable is ready for service, or when you are able to
order a service using that cable.
As currently drafted, the terms of your request are not sufficiently clear and the particular documents that fall within
the parameters of the request are therefore not reasonably identifiable. Accordingly, your FOI request, in its
current form, is invalid. Until you clarify those terms,
nbn will not formally acknowledge your request, and the
statutory period for completing this request will not commence. In that regard, please inform me if there is a
specific document, or set of documents, which you are seeking – at least to the extent that you can identify them.
Level 13, 100 Mount Street, North Sydney NSW 2060
Phone (02) 9926 1900
© 2023 nbn co limited I ABN 86 136 533 741
Fax (02) 9926 1901
Web nbn.com.au
FOI Processing Period and Charges
The statutory period for processing an FOI application is 30 days, subject to any suspension of the processing
period or extension of the time for deciding the application. Please also note that
nbn may impose processing
charges in relation to FOI requests. You will be advised of any charges in relation to your request.
For your reference, processing charges for FOI applications are set by regulation and may be found at
nbn’s
website – and, in particular, its
FOI page. The following hyperlink outlines
nbn’s approach to processing charges:
Submission to the Office of the Australian Information Commission
er Charges Review. In particular,
nbn supports –
and will generally apply – Recommendation 24 in the
Hawke Review into FOI Legislation, (the Hawke Review) as
a benchmark in reviewing FOI applications. For your reference, Recommendation 24 suggests a 40-hour ceiling for
all FOI processing charges. More information about charges under the FOI Act is available on the Office of the
Australian Information Commissioner’s (
OAIC) website and in part 4 of the OA
IC FOI Guidelines.
Disclosure Log
In accordance with the FOI Act,
nbn is required to publish documents provided to FOI applicants within 10 working
days after release. The information you seek may be published in full (as released to you) or with some additional
redactions as per section 11C of the FOI Act. For further information and other details, please visit o
ur Disclosure
Log on nbn’s website.
Please feel free to contact me on (02) 9031 3022 if you have any questions, or if you would like to discuss your
request.
Please note that you can register your details on
nbn’s website to get updates on upgrades in your area. If you are
having issues with your
nbn™ network service, you can contact your retail service provider for assistance.
Yours sincerely
Rohan Singh
Freedom of Information Officer
Level 13, 100 Mount Street, North Sydney NSW 2060
Phone (02) 9926 1900
© 2023 nbn co limited I ABN 86 136 533 741
Fax (02) 9926 1901
Web nbn.com.au
