26 April 2016
Mr Toby Brain
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: 1516/56.02
Dear Mr Brain,
FOI Application – Mount Panorama, NSW
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 any information reporting construction progress, and the current estimated
activation date for the fixed wireless service being constructed on Mount Panorama, NSW,
2795 (2BTH-51-08-MPRP).”
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. Please review the following before reverting to me on this matter.
You have not outlined the specific types of documents that you are seeking in this request, other
than “
any information reporting construction progress”. It is unclear what documents you are
seeking. As a starting point, I note that
nbn invests considerable time and resources into providing
a publicly available rollout map on our website that might assist you. To view this map, please visit:
http://www.nbnco.com.au/connect-home-or-business/check-your-address.html. It might assist you
to review
nbn’s website first, as it may provide you with the information you are seeking.
Under section 15(2) of the FOI Act, a valid FOI request must provide such information concerning
the requested document as is reasonably necessary to enable
nbn to identify it, among other
things. 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 that 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.
For your reference, it is generally recommended that FOI requests exclude documents that are
legally privileged, commercially sensitive, confidential or in draft. I would also refer you to section
31A of the FOI Act and the following information outlining relevant exemptions to release of
documents by
nbn under the FOI Act.
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 provide
s general background
information concerning
nbn’s 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) 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. The information you seek 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 feel free to contact 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 hyperlin
k: 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 this letter, please feel free to contact me on (02) 9927
4118 or
at xxxxxxxxxxxxx@xxxxx.xxx.xx. Yours faithfully,
Kate Friedrich
Legal Counsel – FOI, Privacy & Knowledge Management