18 July 2013
Mr Mark Thomas
Sent via email:
foi+request-308-36c29a27@right oknow.org.au
Our Ref: FOI1314/07.04
Dear Mr Thomas,
FOI Application – FSAM 8DRW-03
I am writing in relation to your request made under the
Freedom of Information Act, 1982 (
the FOI Act). In particular,
you had made an application relating to:
The reasons for the delays that have happened for the FSAM 8DRW-03. This node was started at around
the same time as the other FSAM's in the area, but seems to be delayed to long past others that have
started more recently.
Request to Contact NBN Co
Please note that NBN Co has, recently, not received certain emails from applications lodged via the Right-To-Know
website. In future, I would request that you send any emails directly to the fol owing email address –
xxxxxxxxxx@xxxxx.xxx.xx, so as to ensure that email transmissions reach NBN Co.
In addition, it would appear from the terms of your request that you are not seeking documents per se, but rather
information and an update in relation to the rol out of the national broadband network. In that regard, I have
contacted members of our Construction Stakeholder Management Team and Communications Group, who have
indicated that they would be pleased to meet with you and discuss NBN Co’s rol out progress in the Northern
Territory. If you would provide a contact number or email address, I wil pass on your details to the relevant business
units at NBN Co. You may wish to contact me directly via email or telephone to provide me with those details – and
my contact information is found at the end of this let er.
Clarification of FOI Request
I note that you have not outlined specific types of documents, which you are seeking. As such, it would fol ow that
you are requesting al manner of documents held by NBN Co, including all emails to and from NBN Co staf . For your
reference, our company has approximately 2000 employees – and the terms of your request would require NBN Co
to undertake a review of each of those employees’ and others’ email accounts, among other sources of documents.
In addition, I note that you have not limited the terms of your FOI application to a specific period of time.
In light of the above points, it would – in my opinion – unreasonably divert NBN Co’s resources to undertake a review
of the entirety of our company’s email logs, e-records and hard copy systems to undertake the type of review
contemplated by the terms of your FOI request. In that regard, I would refer you to
section 24 and fol owing of the
FOI Act in relation to Commonwealth entities’ obligations and ef orts required to undertake FOI mat ers. If you have
specific concerns about or wish to locate a known document, identifying these documents would be of great
assistance. In that regard, I would ask that you contact the writer on the number below to discuss the terms of your
application – and clarify the same.
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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It is general y recommend that applicants limit their requests for documents relating to or held by specific of icers
within our company as wel as specific types of documents, along with providing a specific time frame in which to
search for relevant documents. I also recommend that applicants limit their applications to documents that are not
legal y privileged, nor are commercial y sensitive, nor contain confidential materials, etc. I would refer you to
section
31A of the FOI Act and fol owing, which outlines relevant exemptions to release of documents under the legislation.
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 Co wil not formal y
acknowledge, nor commence the processing of this request until the terms of this FOI application have been
suf iciently clarified.
In addition, please note that processing charges may be imposed and that consultation with third parties may be
required. If it is necessary to consult with third parties, additional processing time is provided under the FOI Act. You
wil be advised of any charges as wel as any need to consult third parties in relation to your request. Furthermore,
those parties would have the opportunity to object to the potential release of documents af ecting their business or
personal affairs. For reference, NBN Co’s approach to processing charges is outlined at the fol owing hyperlink:
Submission to the Of ice of the Australian Information Commissioner Charges Review. In particular, I refer you to
NBN Co’s support of a roughly 40-hour cap for all FOI processing charges.
NBN Co’s Commercial Activities Exemption
I refer you to NBN Co’s commercial activities exemption (
CAE), as per
section 7(3A) an
d 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 Of ice of the Australian Information Commissioner (
OAIC)
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 fol owing
link.
While I am not making a formal decision nor have I commenced a formal search for any relevant documents, there is
a possibility that documents fal ing 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 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 ful (as released to you)
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 th
e 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 o
n xxxxxxxxxxx@xxxxx.xxx.xx.
Sincerely,
David J Mesman
GM Legal - FOI and Knowledge Management
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