30 June 2013
Jxeeno
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1213/36.07
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, seeking:
Al 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.
The Statement of Reasons (
at ached) outlines the specific terms of this FOI request, the decision-maker’s
findings and the access decision. For your reference, this decision is subject to review under sections 53A and
54 of the FOI Act. The Of ice of the Australian Information Commissioner’s
FOI Fact Sheet 12 (Your Review
Rights) is attached for your information and may be found at the followi
ng 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 a
t xxxxxxxxxxx@xxxxx.xxx.xx.
Sincerely,
David Mesman
FOI Officer
NBN Co Limited ACN 136 533 741
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
1
FREEDOM OF INFORMATION REQUEST – 1213/36
JXEENO – Right-To-Know
ACCESS DECISION
STATEMENT OF REASONS
Background
1. NBN Co Limited (
NBN Co) is a government business entity (
GBE), which has the mandate of realising the
Australian Government’s vision for the development of a national broadband network that is truly national in
character.
2. NBN Co recognises that information is a vital and an invaluable resource, both for the company and for the
broader Australian community. That is why NBN Co fosters and promotes a pro-disclosure culture, with the goal of
creating an organisation that is open, transparent and accountable. In that light, members of the public wil be able
to find a large amount of information freely available on our
website.
3. In addition, NBN Co manages its information assets within the terms and spirit of the
Freedom of Information Act
1982 (
the FOI Act or
the Act). We also endeavour to release information proactively, while taking into account
our commercial and other legal obligations.
4. Subject to relevant exemptions, the FOI Act gives the Australian community the right to access documents held by
Commonwealth Government agencies, as well as “prescribed authorities”, such as NBN Co.
5. Under subsection 23(1) of the FOI Act, NBN Co’s Chief Executive Of icer has authorised me, David Mesman, to
make decisions about access to documents under the FOI Act.
6. Under section 26 of the FOI Act, I am required to provide a Statement of Reasons for my decisions in relation to
FOI access applications. I am also required to set out my findings on any material questions of fact, referring to
the material upon which those findings were based.
Application Chronology and Terms of Request
7.
On 18 June 2013, NBN Co received an FOI request from “JXeeno” from the Right-To-Know website (
the
Applicant), which sought the fol owing:
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.
8. On 20 June 2013, NBN Co acknowledged receipt of the Applicant’s FOI request, as required by section 15(5) of
the FOI Act.
NBN Co Limited ACN 136 533 741
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
2
9. On 30 June 2013, I made my access decision, as outlined below, which took approximately 1.5 hours to draft and
finalise. For reference, no fees are levied for the first 5 hours of decision-making time. In addition, other NBN Co
staf spent approximately 2.5 hours in searching for documents, providing advice and undertaking administrative
tasks related to this FOI request.
10. As per Regulation 3 of the
Freedom of Information (Charges) Regulations 1982 (
the Charges Regulation), a
decision-maker has the discretion to impose or not impose a charge, or impose a reduced charge for the
processing of an FOI request. Drawing from the Charges Regulation and the objects of the FOI Act, I have
determined to exercise my discretion to waive the fees associated with this FOI application.
Findings of Material Fact
11. Fol owing receipt of the Applicant’s request, NBN Co staf undertook searches through the company’s hard copy,
electronic and other files, so as to locate the relevant information.
12. NBN Co staff members located 17 Initial Release Rol out Region Disconnection Commencement Date (
DCD)
Plans (
the DCD Documents), as falling within the scope of this FOI request.
Access Decision
13. As outlined above, NBN Co is a “prescribed authority” and is subject to the FOI Act. However, Part II of Schedule
2 of the FOI Act exempts NBN Co from the operation of the Act in respect of documents relating to its commercial
activities. Section 7(3A) of the FOI Act defines “commercial activities” as:
(a) activities carried on by NBN Co on a commercial basis; or
(b) activities, carried on by NBN Co, that may reasonably be expected in the foreseeable future to be carried
on by NBN Co on a commercial basis.
14. As an FOI decision maker, it is open to me to consider whether the DCD Documents fal within the terms of
section 7(3A) of the FOI Act and whether these documents would, potential y, not be subject to the operation of
the Act. In addition, it would also be open to me to consider other exemptions. However, in making my FOI
decision, I endeavoured to be guided by both the spirit and terms of the FOI Act. In particular, I made reference to
the objects of the Act, which provide for agencies to exercise their functions and powers, as far as possible, to
facilitate and promote public access to information. As such, I have determined to grant access to the relevant
documents under sections 11 and 11A of the FOI Act.
15. 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 let er, provided with this Statement of Reasons.
NBN Co Limited ACN 136 533 741
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
3
NBN Co Limited ACN 136 533 741
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
4
Document Outline