21 May 2013
Mr Daniel Myles
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1213/27.06
Dear Mr Myles,
FOI Application
I am writing in relation to your request made under the
Freedom of Information Act 1982 (
the FOI Act).
On 13 May 2013, you made the following FOI request:
I am seeking the Monthly Ready For Service Rollout Plans (either in PDF or in another suitable format) for the
months preceding April 2013.
I acknowledge that there was not one published for March 2013 however prior to the April 2013 being published
on NBN Co's website, the previous months (Feb 2013, Jan 2013, Dec 2012 and Nov 2012 PDF's) were all
available as separate documents to view. On the day the April 2013 document was published the others ceased
to be made publicly available.
Ideally I would like the monthly plans for as far back as possible.
Acknowledgment of application
NBN Co received your request on 13 May 2013 and the period for processing your request commences from the day after
that date. For your reference, the statutory period for processing an FOI request is 30 days, subject to any suspension of
the processing period or extension of the time for deciding the application. In addition, please note that processing charges
may be imposed and that consultation with third parties may be required. If it is necessary to seek agreement to pay
charges or to consult with third parties, additional processing time is provided under the FOI Act. Subject to any such any
additional processing time, NBN Co must make a determination in relation to this application by
12 June 2013. You will be
advised of any charges as well as any need to consult third parties in relation to your request.
Information Already in Public Domain
It is NBN Co’s standard practice to consider information in the public domain as to be out of scope of an FOI request.
However, we will endeavour to provide you with links to documents that are already in the public domain. In that regard, I
would refer you to the follow
ing link, which contains a very large amount of information, data, maps and so forth relating to
the NBN rollout, corporate activities, etc.
Operation of FOI Act at NBN Co
In addition, I would refer you to NBN Co’s commercial activities exemption (
CAE), as p
er section 7(3A) and Part II of
Schedule 2 of the FOI Act. As you may be aware, documents that are in relation to NBN Co’s “commercial activities” are
not subject to the operation of the FOI Act. For your reference, the Information Commissioner completed a review decision
in January 2012 (
the Internode Decision), which provides background and guidance as to the application of the CAE to
NBN Co. The Internode Decision may be found by clicking on t
he following link. While I am not making a formal decision,
nor have I begun to examine any relevant documents, there is a possibility that the documents falling within the terms of
an FOI request to NBN Co may be subject to the CAE.
A Level 11, 100 Arthur Street, North Sydney NSW 2060
P +61 2 9926 1900
F +61 2 9926 1901
E xxxx@xxxxx.xxx.xx
W www.nbnco.com.au
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Disclosure Log
NBN Co is required to publish documents on its website within 10 working days after the release of the documents to an
FOI applicant. 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 please visit our website and click on t
he Disclosure Log link.
If you have any questions or need to discuss your application, please feel free to contact the writer on Tel. (02) 8918 8596
or via email on
xxxxxxxxxxx@xxxxx.xxx.xx. Sincerely,
David J Mesman
FOI Officer
A Level 11, 100 Arthur Street, North Sydney NSW 2060
P +61 2 9926 1900
F +61 2 9926 1901
E xxxx@xxxxx.xxx.xx
W www.nbnco.com.au
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