28 November 2016
Conrad Corry
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: 1617/24.03
Dear Conrad,
FOI Application - Moody's, Standard & Poor's
I am writing in relation to your request, made under the
Freedom of Information Act 1982 (
the FOI Act) and
seeking:
“… the current Credit Rating NBN Co received from Moody's and Standard and Poor's.”
I acknowledge receipt of your request, per section 15(5) of the FOI Act.
As you may be aware, there has been media coverage in relation to
nbn’s credit ratings. While
nbn does not
confirm or deny that any of this media is accurate, it may assist you with your enquiries.
Advance Deposit Request
Per subsection 29(1) of the FOI Act, I have determined that processing charges are payable in relation to this FOI
request.
nbn staff completed a preliminary assessment of the work involved in processing your FOI request and
estimate the applicable charges as follows:
Search and retrieval time
0.25 hours @ $15.00 per hour
$3.75
Liaising with the CFO
2 hours @ $20.00 per hour
$40
Decision drafting
10 hours @ $20.00 per hour
$200
Review time
1 hour @ $20.00 per hour
$20
Sub-total
$263.75
Less first 5 hours decision making
($100.00)
time(*)
TOTAL
$163.75
(*) In accordance with the
Freedom of Information (Fees and Charges) Regulations, you are not 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. As the total estimated processing charges exceed $100, a deposit of 25% ($
40.90) 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have been withdrawn.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.
Once
nbn 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
Name:
nbn co limited FOI
BSB:
062-438
Account no:
10240782
Reference:
FOI-AYCA-405AF5
When making a payment, please ensure you include the reference (FOI-AYCA-405AF5) noted above. 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, 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
which
nbn 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 availab
le in Fact Sheet 7 on the Office of the Australian
Information Commissioner’s (
OAIC) website and in part 4 of the OAI
C FOI Guidelines.
nbn’s Commercial Activities Exemption
Please note 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 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 (th
e Internode Decision) and again in July 2013
(th
e 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 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 ou
r Disclosure Log. If you have any questions or need to discuss your FOI application, please feel free to contact the writer on Tel.
(02) 8918 8596 or via email on
xxxxxxxxxxx@xxxxx.xxx.xx. Sincerely,
David Mesman
General Counsel
FOI, Privacy & Knowledge Management
