20 June 2013
Jxeeno
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1213/36.02
Dear Jxeeno,
FOI Application
I am writing in relation to your request made under the
Freedom of Information Act 1982 (
the FOI Act).
On 18 June 2013, you made the following FOI request:
[A]l the Initial Release Rollout Region DCD Plans released thus far. This includes, but is not limited to the file that was
located under the following link:
http:/ www.nbnco.com.au/assets/documents/rollout-info-irrr-dcd-04-June-2013.pdf
I request for a collection of all IRRR plans in the original spreadsheet format where available and in an alternate format
such as a PDF file where you are unable to locate the original file.
Acknowledgment of application
NBN Co received your request on 18 June 2013 and the period for processing your request commenced 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 additional processing
time, NBN Co must make a determination in relation to this application by
18 July 2013. You wil 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 wil endeavour to provide you with links to documents that are already in the public domain. In that regard, I would refer you
to the followi
ng 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 per
section 7(3A) and Part I 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 the followi
ng 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 Of icer
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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Document Outline
