20 November 2023
John Smith
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
nbn Ref: FOI2324017
Dear John
Freedom of Information Application
I am writing in relation to your request, made under the
Freedom of Information Act 1982 (
the FOI Act).
Acknowledgment
As required by section 15(5) of the FOI Act, I acknowledge receipt of your request and note you are seeking access
to:
“
communications in the case with the reference number 16183789”.
Decision-Making Period & Consultation The processing period for this FOI request commences on 22 October 2023, being the day after receipt of your FOI
application. The statutory period for processing an FOI request is generally 30 days.
nbn’s Commercial Activities Carve-out
I refer you to
nbn’s commercial activities carve-out (
the CAC), per
section 7(3A) and Part II of Schedule 2 of the
FOI Act. Please be aware that documents that relate to
nbn’s “commercial activities” are not subject to the
operation of the FOI Act and are exempt from release. The following link summarises and provide
s general
background information concerning
nbn’s commercial activities carve-out. That background document references
two OAIC reviews that considered
nbn’s CAc:
the Internode Decision (in January 2012) and th
e Battersby Decision
(in July 2013).
Disclosure Log Notification
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
exceptions as per section 11C of the FOI Act. For further information, visit our
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. The access decision for your request will issue shortly.
Yours sincerely
Rohan Singh
Freedom of Information Officer
Level 13, 100 Mount Street, North Sydney NSW 2060
Phone (02) 9926 1900
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Fax (02) 9926 1901
Web nbn.com.au