11 September 2018
Jay Dubeu
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: 1819/13.02
Dear Jay
Request for Information
Thank you for your FOI request made by you on the Right To Know website.
Request to clarify
The terms of your request are not sufficiently clear and should be revised.
• You wrote -
I'm writing to enquire about the proof of occupancy process that NBN Co fol ows currently and
the documents that relate to the handling of these processes.
It is unclear whether this is intended to form part or your request. What do you mean by documents that “relate
to” the handling of these processes. The degree of connection to any relevant processes is uncertain. I suggest
that you contact me to discuss the scope of this request.
• You wrote -
I'd currently like to request any reports on NBN connections to a site that have been
disconnected and reconnected due to error to date during the rol out.
Please clarify what you mean by a “site”. Your reference to “due to error to date during the rollout” is unclear.
Could you please clarify what is meant by this including the type of error that you refer to. In addition, does your
request relate to all premises meeting the criteria, or are you seeking information with respect to specific
premises. If the latter is applicable, please indicate which premises. Please also request the relevant date or date
range.
• You wrote -
As wel as any documents that outline the current process for NBN Co to connect to a site that
has a current existing NBN connection and that connection would need to be disconnected or removed for
the site to be connected to the new connection and what you would expect from the service providers to
adhere to the guidelines so that people are not mistakenly disconnected due to error.
Please clarify what you mean by “connect to a site that has a current existing NBN connection”. Please also clarify
what you mean by “the new connection”. In addition, what are “the guidelines” that you refer to?
Your reference to “any documents” is unclear because it is very broad and could potential y require
nbn staff to
undertake searches through all of its hard copy, digital and email records of more 6000 staff members and a
significant number of consultants working with
nbn. In light of the time likely to be required to process this
request in its current form, I am also of the opinion that it would most likely be an unreasonable diversion of
nbn’s resources, per
sections 24 and
24AA of the FOI Act. This is because there are various types of documents
that may fit within the scope of your request.
Commercial Activities Carve-out
For your reference, information relating to
nbn’s commercial activities is exempt, or carved out, from the
application of the
Freedom of Information
Act 1982 (Cth) (the
FOI Act), per
section 7(3A) and
Part I of Schedule 2
of the FOI Act. The following link summarises and provides
General Background Information concerning
nbn’s
commercial activities carve-out (the
CAC) from the application of the FOI Act. That background document
references two Office of the Australian Information Commissioner reviews that considered
nbn’s CAC in January
2012 (the
Internode Decision) and again in July 2013 (the
Battersby Decision). Please bear this in mind when
reframing the terms of your request.
Please feel free to contact me to discuss your request. You may do so throu
gh xxxxxxxxxx@xxxxx.xxx.xx. I will
assume that you withdraw your request if I do not hear from you within 1 month.
Yours sincerely
nbn
FOI Privacy & Knowledge Management
