09B.FOI Decision.pdf

18 January 2015

Jxeeno
Sent via email: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx

                     Our Ref:  1516/32.09
Dear Jxeeno,

FOI Application – nbn blog post statistics

I am writing in relation to your request made under the Freedom of Information Act, 1982 (the FOI Act),
seeking nbn blog post statistics.

The Statement of Reasons (Attached) outlines the specific terms of the FOI request, the decision-maker’s
findings and the access decision. For your reference, the FOI decision is subject to review under sections 53A
and 54 of the FOI Act. The Office of the Australian Information Commissioner’s FOI Fact Sheet 12 – Your review
rights may be found at the following link.

If you have any questions, need to discuss your FOI application or require any other information relating to this
matter, please feel free to contact the writer on Tel. (02) 8918 8596 or via xxxxxxxxxxx@xxxxx.xxx.xx.

Yours faithfully,

David Mesman
General Counsel
FOI, Privacy & Knowledge Management

FREEDOM OF INFORMATION REQUEST –1516/32
Jxeeno
ACCESS DECISION – STATEMENT OF REASONS

Application Chronology and Terms of Request
1.  On 21 December 2015, Jxeeno (the Applicant) made a request under the Freedom of Information Act,
1982 (the FOI Act), seeking nbn blog post statistics.

2.  On 5 January 2016, a member of the nbn FOI Team acknowledged receipt of the Applicant’s request as
required by section 15(5) of the FOI Act.

3.  On 11 January 2016, a member of the nbn FOI Team wrote to the Applicant requesting that the Applicant
narrow the scope of his request.

4.  On 15 January 2016, the Applicant wrote to the nbn FOI Team, limiting the scope of his request to:
“*Page view statistics for all posts for the month of November 2015
*Aggregate page view statistics for all posts for all months up to and including November 2015”
5.  On 18 January 2016, I completed my FOI decision and subsequently forwarded it to the Applicant.

Access Decision

6.  Following receipt of the Applicant’s request, nbn staff undertook searches through the company’s electronic
and other files, so as to locate any relevant documents falling within the scope of the Applicant’s request.

7.  Under section 3(1)(b) of the FOI Act, the public has a right to seek access to “documents”, rather than
discrete bits of information. Notwithstanding this point, section 17 of the FOI Act enables Government
authorities to provide applicants with information, where such information is not available in a discrete
written form and where the information is “ordinarily available to the agency for retrieving or collating
stored information”. In that regard, I received advice from nbn staff that it would be possible to create a
document containing the information requested by the Applicant (the Relevant Document).

8.  In making my access determination, I consulted with the relevant business units at nbn and was satisfied
that there were no commercial sensitivities around the release of the Relevant Document.

9.  In making my FOI decision, I endeavoured to be guided by both the spirit and terms of the FOI Act. I also
made reference to the objects of the FOI Act, which provide for agencies to exercise their functions and
powers, as far as possible, to facilitate and promote public access to information. In that context, I have
determined to grant access in full to the Relevant Document under sections 11 and 11A of the FOI Act, as
Attachment A in this access decision.

FOI Charges & Publication of Documents

10. For reference, it is nbn’s general policy to charge applicants for FOI processing time. In its Submission to
the OAIC Charges Review, nbn outlined its support of fees and charges and their importance to the FOI
scheme. However, in making my decision in relation to FOI processing charges, I took into account the fact
that the Applicant willingly engaged with the nbn FOI team in order to narrow the scope of his request. I
also considered nbn’s commitment to the objects of the FOI Act and, in particular, section 3(4) of the FOI
Act, which seeks to facilitate and promote public access to information, promptly and at the lowest
reasonable cost.

11. In light of the above points, I have determined to waive all processing fees in relation to this FOI
application. This is permitted by Regulation 3 of the Freedom of Information (Charges) Regulations 1982,
which provides decision-makers with a general discretion to impose or not impose a charge, or impose a
reduced charge for the processing of an FOI request. However, for reference, nbn is likely to charge the
Applicant for any subsequent FOI requests related to this matter in line with the company’s general policy,
as set out above.

12. 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.

13. If you are dissatisfied with this decision, you have certain rights of review. Details regarding your rights of
review and appeal are outlined in the covering letter, provided with this Statement of Reasons.

Attachment A – nbn co FOI Matter 1516/32 – nbn blog post statistics (Full Release)
Section 17 of the Freedom of Information Act, 1982 (the FOI Act) enables Government authorities to provide
applicants with information, where such information is not available in a discrete written form and where the
information is “ordinarily available to the agency for retrieving or collating stored information”. As per sections
11 and 11A of the FOI Act, the nbn FOI Officer determined that it was possible to release the following
information:
Time period
Aggregate Page views
January-November 2015
293,539