20 April 2017
Mr Mark Diamond
Via email: [FOI #3114 email]
Our Ref: 1617/43.26
Dear Mr Diamond
FOI application – Reason codes
I am writing in relation to your request under the Freedom of Information Act 1982
(the FOI Act
), seeking reason codes for
Trouble Ticket In Progress-Pending and In Progress-Held notifications in relation to service incidents currently used. Advance Deposit Request
Per section 29(1) of the FOI Act, I have determined that processing charges are payable for this FOI request. nbn
preliminary assessment of the work involved to process your FOI request and estimated the applicable charges as follows:
Search and retrieval time
1hour @ $15.00 per hour
Review & decision making time
11 hours @ $20.00 per hour
Less first 5 hours decision making time(*)
(*) 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 note the estimated 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% ($33.75
) 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withdrawn.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
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.
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:
nbn co limited FOI
When making a payment, please ensure you include the reference (FOI-AYCA-481M6R) noted above
. If you provide a
deposit and processing 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 then. The balance of the actual charge will become a debt due to the
Commonwealth, that nbn
will be obliged to pursue, unless other arrangements are made or if nbn
agrees to waive the fees.
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 available in Fact Sheet 7 o
n the Office of the Australian Information
) website and in part 4 of the OAIC FOI Guidelines.
nbn’s Commercial Activities Exemption
Please note that documents, which 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 con
’s commercial activities
). That background document references two Office of the Australian Information Commissioner reviews that
’s CAE in January 2012 (the Internode Decision) a
nd in July 2013 (the 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 our Disclosure Log.
If you have any questions, please contact me on (02) 9927 4118 or via email at [email address].
Senior Legal Counsel
FOI, Privacy & Knowledge Management