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Dear Mark

 

Thank you for your email attached, seeking access to documents under the Freedom of Information Act 1982 (FOI Act), specifically:

 

… a list of the standard reason codes and their associated descriptions for Trouble Ticket In Progress-Pending and In Progress-Held notifications, and a list of the standard resolution codes and their associated descriptions for Trouble Ticket Resolved notifications.

 

Request to clarify and request consultation

Please note that under the FOI Act, members of the public have a general right of access to specific documents, subject to certain exemptions. 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.

 

In light of the time likely to be required to process this request in its current form, I am of the opinion that it would be an unreasonable diversion of nbn’s resources, per sections 24 and 24AA of the FOI Act. This is because there are scores of data that may fit within the scope of your request. In this regard, until the terms of your request are clarified, the statutory time frame for processing this request will not commence.

 

As a starting point, it may be helpful to specify the types of trouble tickets you are interested in. For example, is it lists relating to service incidents you are seeking? It may also assist to name a timeframe.

 

I’d be happy to discuss how to best clarify the scope of the request, so please feel free to call me (02) 9927 4118.

nbn’s Commercial Activities Exemption

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) or carve-out. 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), with those decisions hyperlinked. While I am not making a formal decision, nor have I reviewed any relevant documents, there is a possibility that documents falling within this FOI request may be subject to the CAE.

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. Please also note that processing charges may be imposed in relation to FOI requests. You will be advised of any charges in relation to your FOI request. For reference, nbn’s approach to processing charges is outlined at the following hyperlink: 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.

 

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.

 

If you have any questions about this matter, please feel free to call me.

 

Sincerely,

Kate

 

 

Kate Friedrich

Senior Legal Counsel – FOI, Privacy & Knowledge Management

P +61 2 9927 4118| E [email address]

Level 11, 100 Arthur Street, North Sydney, NSW 2066

 

* Monday, Tuesday, Wednesday, Thursday