8 October 2019
Mr Ben Fairless
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: 1920/29.02
Dear Mr Fairless
nbn FOI request
I am writing in relation to your request under the
Freedom of Information Act 1982 (Cth) (
FOI Act), seeking:
“1. The most recent document which details the current call flow for inbound calls to the NBNCo's
Customer Facing Number - 1800 687 626. This document will generally show all available options and
what happens when those options are pressed, and will detail how the call queue works outside of
business hours.
2. A copy of any customer service guidelines provided to NBNCo staff and contractors, including those in
the Social Media Team.
3. Any scripts, favourites, suggested wording or other comments that are used by the NBN Social Media
team to answer queries.
4. All processes related specifically to the handling of matters on Social Media.
Happy to receive this information under Administrative Access, otherwise please consider it as a formal
request under the Freedom of Information Act.”
Scope of request
Under the FOI Act, members of the public have a general right of access to specific documents, subject to certain
exemptions. P
er section 15(2) of the FOI Act, a valid FOI request must provide such information concerning the
requested documents as is reasonably necessary to enable
nbn to identify them, among other things.
As currently drafted, this application is not sufficiently clear so as to enable
nbn to commence processing it. This
is because it is difficult to identify which specific documents you may require, noting the request terms refer to
“any scripts” (Per point 3) and “all processes…” (Per point 4). In relation to the latter point, it is also unclear as to
what you are seeking in terms of “processes.” In addition, I am uncertain as to whether this application seeks all
social media documents across
nbn, or if it only applies to
nbn’s Contact Centre. In circumstances where the
scope of an FOI application is unclear,
nbn will neither formally acknowledge, nor commence the processing of
that request. Until you clarify the terms of this request, the statutory time period for
nbn to complete this FOI
application will not commence.
Noting that the terms of your FOI request are broad,
nbn will likely require significant time and resources to
process this request in its current form. Unless you clarify your request, I would also consider it to be an
unreasonable division of
nbn’s resources to process your request at the current time (refer to
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. A request for “any” documents or “all processes” would require
nbn’s personnel to undertake searches
through all its hard copy and electronic records of its more than 6000 staff members and a significant number of
consultants working with
nbn.
In that regard, I would ask that please clarify what specific document or set of documents, you require. As a
starting point, it may be helpful to specify the time period to which your request relates and the specific
nbn work
areas to include, e.g. current documents held by our Contact Centre. It would also assist if you would exclude
documents that are likely to be exempt under the FOI Act. In that regard, please refer to my specific comments,
below, concerning
nbn’s CAC.
nbn’s Commercial Activities Carve-out nbn’s commercial activities are carved-out from the application of the FOI Act pe
r section 7(3A) and
Part II of
Schedule 2 of the Act. Documents that relate to
nbn’s current or future commercial activities are not subject to
the operation of the FOI Act and would be exempt from release. The following link provid
es general background
information (
GBI Document) concerning
nbn’s CAC. The GBI Document refers to two Australian Information
Commissioner Reviews that considered
nbn’s commercial carve-out –
Internode Pty Ltd and NBN Co Ltd [2012]
AICmr 4 and th
e Battersby and NBN Co Ltd [2013] AICmr 61. In practical terms, the CAC ensures that
nbn is not exposed to disadvantage in the marketplace and similar
commercial environments. The CAC also enables
nbn to function as any other commercial player in Australia’s
highly competitive telecommunications industry. If
nbn were required to release commercially-related
information under the FOI regime, this would undermine
nbn’s ability to protect the company’s valuable
intellectual property, negotiate competitive contracts, develop products and services, grow market share and
manage its staff, among other adverse effects. Disclosure of commercially-related information would also
undermine
nbn’s capacity to generate revenues, while driving up rollout costs. Ultimately, Australian taxpayers
would have to bear those cost increases and other potentially adverse consequences.
While I have not begun to undertake a formal review of any relevant documents, it is important to note that
nbn has previously refused access to Contact Centre recordings, transcripts and files on the basis of the CAC. Similarly,
nbn has refused access to Contact Centre files containing
nbn’s quality assurance information, network
infrastructure records, technical and test data as well as
nbn’s interactions with its delivery partners and/or retail
service provider (
RSP) customers.
In relation to scripts and social media protocols, I note that such documents are a core part of
nbn’s – and any
company’s – outward or client facing communications efforts. These types of corporate communication efforts
involve a significant number of staff members and a large investment by
nbn. In that regard,
nbn has refused
access to similar documents, noting that they are part of an iterative communications strategy that assists in
building
nbn’s brand and corporate image. In previous FOI decisions,
nbn also noted that non-government
businesses closely guard corporate communications strategies, so as to protect their corporate messaging and
strategic protocols from competitors, while promoting their brand and advancing strategic corporate objectives.
Disclosure
nbn’s social media strategy would almost certainly put
nbn at a strategic disadvantage to other parties
in the market and particularly those which are not subject to the FOI Act. Accordingly, disclosure could potentially
undermine
nbn’s ability to function as any other commercial player in the marketplace, thereby potentially
subverting Parliament’s intention in providing
nbn with the CAC.
FOI Processing Period and 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 period for deciding an application. Please also note that
nbn may impose processing charges
in relation to FOI requests. I will inform you of any charges in relation to your request. For your reference, processing
charges for FOI applications are set by regulation and may be found at
nbn’s website – and, in particular, it
s FOI
page. The hyperlink below outlines
nbn’s approach to processing charges: Submission to the Office of the Australian
Information Commissioner (
OAIC) Charges Review. More information about charges under the FOI Act is set out in
part 4 of the OAI
C FOI Guidelines. Disclosure Log
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 redactions as per section
11C of the FOI Act. For further information, please visit
the Disclosure Log on
nbn’s website.
Please contact me if you have any questions in relation to the above or would like assistance to re-draft your
request in a manner consistent with the FOI Act.
Yours sincerely
David Mesman
General Counsel
FOI, Privacy & Knowledge Management
