26 March 2020
Our Ref: 1920/68.03
FOI Act Application – Access Decision
I am writing in relation to your application
made under the Freedom of Information Act, 1982
access to Downstream Power Back Off.
The Statement of Reasons (attached
) outlines the specific terms of the FOI request, the decision-maker’s findings
and the access decision.
An FOI decision may be reviewed, subject to sections 53A and 54 of the FOI Act. The Office of the Australian
Information Commissioner’s website at the following link,
which provides details about your rights of review and
other avenues of redress under the FOI Act.
Please feel free to contact me if you have any questions, or if you would like to discuss your FOI application.
Yours sincerely Rohan Singh
Senior Legal Counsel
FOI Privacy & Knowledge Management
FREEDOM OF INFORMATION REQUEST – 1920/68.03
STATEMENT OF REASONS - 26 March 2020
Application Chronology and Terms of Request
1. On 1 March 2020, nbn
received an email from MG (Applicant
), making an application under the Freedom of
Information Act, 1982
“the following information:
1. The total number of Nodes (within all Fibre to the Node [FttN] rollout areas across Australia) where
NBNco will NOT turn-off the DPBO (Downstream Power Back Off) facility in the Node/micronode.
2.. Please breakdown the total of the above using NBNco's Node/micronode identifier. (EG: The
Node/Micronode affected is: 3SOM-22-12-FNO-001)”
2. On the date above, I completed my FOI decision and subsequently forwarded this decision to the Applicant.
3. Following receipt of the Applicant’s request, nbn
staff undertook searches, and enquiries of relevant subject
matter experts (SMEs
), so as to locate any relevant documents falling within the scope of the Applicant’s
4. Per section 24A(1) of the FOI Act, all reasonable steps have been taken to find relevant documents within the
scope of this request and I am satisfied that such documents do not exist
staff spent approximately three hours conducting searches for documents falling within the scope of the
application and making enquiries of relevant SMEs. In addition, I spent another approximately one hour in
drafting and finalising this FOI decision.
6. Given that the FOI Group identified no documents falling within the scope of the Applicant’s request, I have
determined to waive all processing fees in relation to this FOI application. This is permitted by Regulation 3 of
the Freedom of Information (Charges) Regulations 1982,
which provides decision-makers with a general
discretion to impose or not impose a charge, or impose a reduced charge for the processing of an FOI request.
7. If you are dissatisfied with this decision, you have certain rights of review. Details regarding your rights of review
and appeal are outlined in the covering letter, provided with this Statement of Reasons.