30 January 2020
GPON
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1920/59.02
Dear GPON
Request for Information
I am writing in relation to your correspondence to
nbn’s FOI Officer email address on 20 January 2020 seeking:
“
statistical data on the number of premises within any Brownfield ADA/DA designated as FttC that were
skipped, or required significant additional work because of no workable premises lead-in. This would
include missing, damaged, or unidentifiable premises lead-ins.
If this can be presented as a breakdown of service class by FttC ADA that would be appreciated.”
The
Freedom of Information Act 1982 (Cth) (
FOI Act) provides that members of the public have a general right of
access to specific documents, subject to certain exemptions. Und
er section 15(2) of the FOI Act, a valid FOI
request must state that the request is an application for the purposes of the FOI Act and provide such information
concerning the requested documents as is reasonably necessary to enable
nbn to identify them, among other
things.
Notice and Scope of Request
As currently drafted, the terms of your request are not sufficiently clear and the particular documents that fall
within the parameters of the request are therefore not reasonably identifiable. Accordingly, your FOI request
cannot proceed in its current form. Until you clarify those terms,
nbn will not formally acknowledge your request,
and the statutory period for completing this request will not commence.
In that regard, please clarify the following issues:
• “ADA/DA”. I understand that the terms ADA and DA overlap, but are not necessarily interchangeable.
nbn uses the term “ADA” or Access Distribution Area rather than DA. Could you please clarify that you
are seeking data relating to ADA’s only?
• “Skipped”. Please clarify what you mean by “skipped”, in particular please specify the relevant point in
time. Do you mean to refer to premises that were not connected to the
nbn™ network [for the reasons
referenced] at the time
nbn declared the ADA ready for service?
• “Significant additional work”. Could you please clarify what you mean by this, and in particular, please
confirm that you mean network construction work, by what measure do you mean the work to be
“significant”, and what is the distinction for your request between “significant” and say, “minor”.
nbn’s Commercial Activities Carve-out I refer you to
nbn’s commercial activities carve-out (
the CAC) or carve-out from the application of the FOI Act and
refer you to
section 7(3A) an
d Part II of Schedule 2 of the FOI Act. Please be aware that documents that are in
relation to
nbn’s “commercial activities” are not subject to the operation of the FOI Act and would be exempt
from release. The following link summarises and provid
es general background information concerning
nbn’s
commercial activities carve-out. That background document references two reviews by the Australian Information
Commissioner that considered
nbn’s CAC:
the Internode Decision (in January 2012) and th
e Battersby Decision (in
July 2013). While I am not making a formal decision and have not reviewed any documents, I note that there is a
distinct possibility that documents falling within the terms of this request may be subject to the CAC, among other
exemptions from release.
FOI Processing Period and Charges
The statutory period for processing an FOI application is 30 days, subject to any suspension of the processing
period or extension of the time for deciding the application. Please also note that
nbn may impose processing
charges in relation to FOI requests. You will be advised 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
, its FOI page. The following hyperlink outlines
nbn’s approach to processing charges:
Submission to the Office of the Australian Information Commission
er Charges Review. In particular,
nbn supports
– and will generally apply – Recommendation 24 in th
e 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. More information about charges under the FOI Act is available on the Office of the
Australian Information Commissioner’s (
OAIC) website and in part 4 of the OAIC
FOI Guidelines.
Disclosure Log
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 redactions as per section 11C of the FOI Act. For further information and other details, please visit our
Disclosure Log on
nbn’s website.
Please feel free to contact me on (02) 9031 3022 if you have any questions, or if you would like to discuss your
request.
Yours sincerely
Rohan Singh
Senior Legal Counsel
FOI, Privacy & Knowledge Management