28 October 2015
Megalfar
Sent via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: 1516/27.02
FOI Application – Passing Difference Costs
I am writing in relation to your request made under the
Freedom of Information Act, 1982 (
the FOI Act), in
the following terms:
“I would like to know, the PASSING difference cost between FTTN and FTTB and PASSING difference cost
between FTTdp (G.Fast) and FTTP.”
Request to Clarify FOI Application
Under the FOI Act, members of the public have a general right of access to specific documents, subject to
certain exemptions. I note that you have not outlined any specific types of documents that you are seeking in
this request, other than “passing difference costs”. In addition, I am uncertain as to what you are seeking in
relation to that phrase.
Under section 15(2) of the FOI Act, a valid FOI request must provide such information concerning the requested
document/s as is reasonably necessary to enable
nbn to identify them, among other matters. For the reasons
set out above, I am of the opinion that you have not provided enough information to enable me to identify the
specific documents you are seeking. As a result,
nbn will not formally acknowledge, nor commence the
processing of this request until you have sufficiently clarified the terms of this FOI application. Until those terms
are clarified, the statutory time frame for completing this request will not commence. To the extent that you
are seeking information about the
nbn rollout, I would refer you to ou
r public website and
to nbn’s corporate
reports and plan which also contain information that might assist you.
In addition, I would ask that you contact the writer on the number below to discuss the terms of your
application. For your reference, it is generally recommended that FOI requests exclude documents that are not
legally privileged, commercially sensitive, confidential or in draft. I would also refer you to
section 31A of the
FOI Act and following, which outlines relevant exemptions to release of documents under the legislation. In
addition, I would draw your attention to nbn’s commercial activities exemption (
CAE) or carve-out from the
application of the FOI Act, details of which are outlined below.
nbn’s Commercial Activities Exemption
As pe
r section 7(3A) and
Part II of Schedule 2 of the FOI Act, documents that relate to
nbn’s “commercial
activities” are not subject to the operation of the FOI Act. The following link summarises and provide
s general
background information concerning
nbn’s CAE. That background document references two Office of the
Australian Information Commissioner reviews that considered
nbn’s CAE in January 2012 (the
Internode
Decision) and again in July 2013 (the
Battersby Decision). While I am not making a formal decision, there is a
possibility that documents falling within the terms of this FOI request may be subject to the CAE, among other
exemptions from release.
Disclosure Log
Please also be advised that
nbn is required to publish documents on its website within 10 working days after
the release of the documents to an FOI applicant. Presuming any documents are released, they may be
published in full (as released to the applicant) or with some additional redactions, based upon exceptions under
section 11C of the FOI Act. For further information please visit our website and click on the
Disclosure Log link. Processing Period & Charges
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. For the reasons outlined above,
nbn will not
formally acknowledge, nor commence the processing of this request until the terms of this FOI application have
been sufficiently clarified. Again, please do not hesitate to ring me to discuss the terms of this request.
Please note that processing charges may be imposed in relation to FOI requests. You will be advised of any
charges in relation to your request. For reference,
nbn’s approach to processing charges is outlined at the
following hyperlink
: Submission to the Office of the Australian Information Commissioner 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.
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. Yours faithfully,
David Mesman
General Counsel – FOI, Privacy & Knowledge Management
