23 March 2016
Mr Josh Stewart
Sent via email: [FOI #1730 email]
Our Ref: 1516/50.05
Dear Mr Stewart, FOI Application – Installation Data
I am writing in relation to your request, made under the Freedom of Information Act, 1982
(the FOI Act
requesting information concerning nbn
installation data. Acknowledgement & Decision-Making Period nbn
received an original request from you on 10 March 2016, but on the following day, emailed a request to
clarify the terms of your application. On 15 March 2016, you wrote nbn
seeking to clarify the terms of your
request. In particular, you requested:
Data from NBN Co's service job tracking system, commonly interfaced by RSPs and the NSOC through
the 'Service Portal'. The extract of these records should show all instances in the below period where an
appointment was made for service or installation of an NBN service, but where this was cancelled or
postponed by NBN Co or the service agent. Other details requested remain per the original request (Eg
record date, reason for cancellation, etc).
These records should cover the period March 1st 2015
through 29th Feb 2016.
On 15 March 2016, nbn
FOI team replied, indicating that it would confirm with relevant business units whether
it was possible to extract the data requested. On 17 March 2016, I confirmed with the relevant business unit
that it was possible to extract the data. For reference, the processing period for this FOI application formally
commenced on the day after 17 March 2016, being 18 March 2016. The statutory period for processing an FOI
request is generally 30 days, subject to any extensions or suspensions of processing time as contemplated
under the FOI Act. Advance Deposit Request
In accordance with subsection 29(1) of the FOI Act, I have determined that you are liable to pay a charge in
respect of the processing of this FOI request. nbn
staff completed a preliminary assessment of the work
involved in processing your FOI request and our company estimates the applicable charges as follows:
Search and Retrieval Time(*)
11.5 hours @ $15.00 per hour
Decision Making Time
19.5 hours @ $20.00 per hour
Copies of documents
10 cents per page (Waived)
Less first 5 hours decision making time(**)
(*) The data extraction will take specialised IT expertise so as to produce the requested information.
(**) As per the Freedom of Information (Fees and Charges) Regulations
, you have not been charged for the first 5 hours of decision making time.
Please be advised that the estimate of processing time – and relevant fees – may increase or decrease,
depending on the nature of the work required. However, you will be advised if the fees increase beyond the
estimate outlined above – and prior to the issuing of a final payment notice.
As the total estimated processing charges exceed $100, a deposit of 25% ($115.63
) is required. Within 30
days of this notice, you are required to:
agree to pay the charge and forward the deposit; or
contend that the charge has been wrongly assessed, or should be reduced or not imposed (you should
provide full reasons for your contention); or
narrow the scope of your request (which may reduce the charge payable); or
withdraw your request.
If you fail to notify nbn
in a manner mentioned above within 30 days of this notice, your request will be taken
to have been withdrawn. In addition, if you contend that the estimated charge has been wrongly assessed, or
should be reduced or not imposed, you must notify nbn
of your contention, providing reasons, and evidence
where relevant, to support your submission. In deciding whether to reduce or not to impose a charge, the FOI
decision-maker will consider all relevant factors, including:
whether payment of the charge, or a part of it, would cause you financial hardship; and
whether the giving of access is in the general public interest.
If you choose to contend that the charge has been wrongly assessed or should be reduced or not
imposed, this will not constitute a request for internal review.
You will be advised of your review rights
under sections 53A and 54 of the FOI Act following consideration of your contentions.
has completed the processing of your request, the assessment of the charge payable will be revised
based on the actual amount of work involved in processing your request. If you are refused access to any of the
documents that are relevant to your request, nbn
may not impose an actual charge that is higher than the final
estimated charge. This means that, if you are refused access to any document, the actual charge that will be
payable will be lower than or equal to, but not more than, the final estimate of charges. It is only if you are
granted access to all the documents that are relevant to your request that the actual charge imposed may be
higher than the estimated charge. It is important to note that the payment of FOI processing fees does not
guarantee access to documents or information.
If you agree to pay the estimated charge set out above, or the deposit for that charge, you should make
arrangements to pay nbn
, using the following electronic banking details:
Bank name: CBA
nbn co limited FOI
Account no: 10240782
When making a payment, please ensure you include the reference (FOI-AYCA-33NWWL)
. Please note that
if you provide a deposit and the processing of your request progresses to a point where a decision on access is
made, a determination about the imposition of the actual charge will be made at that time. The balance of the
actual charge will become a debt due to the Commonwealth, which nbn
would be obliged to pursue, unless
other arrangements are made – or if nbn
agrees to waive the fees.
As set out above, per section 31 of the FOI Act, the time limit for processing your request is suspended from
the day you receive this notice, being today’s date. Please also be advised that the charge notice day is not
counted in calculating the processing time limit. For your reference, 5 days
and the processing
time limit will resume:
On the day upon which nbn
receives your deposit.
Alternatively, if you decide to contest the charge, the processing time limit will resume on the day upon
notifies you of its decision not to impose a charge – if nbn
so makes a decision.
In the event that nbn
decides to reduce the charge and deposit is required, the processing time limit
will recommence on the day upon which you pay the reduced deposit.
More information about charges under the FOI Act is available in Fact Sheet 7
on the Office of the Australian
Information Commissioner’s (OAIC
) website and in part 4 of the OAIC FOI Guidelines.
nbn’s Commercial Activities Exemption
For your reference, documents that relate to nbn’s
“commercial activities” are not subject to the operation of
the FOI Act. The following link summarises and provides general background information
commercial activities exemption (CAE
). That background document references two Office of the Australian
Information Commissioner reviews that considered nbn’s
CAE in January 2012 (the Internode Decision)
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
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
If you have any questions or need to discuss your FOI application, please feel free to contact the writer on Tel.
8918 8596 or via email on [email address].
FOI, Privacy & Knowledge Management