Dear Michael

 

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

Request to clarify

Under the FOI Act, members of the public have a general right of access to specific documents, subject to certain exemptions. Particularly, 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.

 

You have not requested a specific document, but rather ‘the cost to run FTTP and the cost to run FTTN and why you have to run new copper cable from the NODE’. In this regard, it is unclear exactly what specific document/s you are seeking. As a starting point, it would assist if you would please clarify whether you are referring to a specific node or costs on average between FTTN vs. FTTP.

 

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 if you like.

 

nbn’s Commercial Activities Exemption

Please note that 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