3 August 2020
MG (a pseudonym)
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI-2021/02.05
Dear MG
FOI Act Application – Access Decision
I am writing in relation to your application made under the Freedom of Information Act, 1982 (FOI Act) seeking
access to data regarding premises “mapped” for nbn’s Sky Muster™ services.
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. Please refer to the Office of the
Australian Information Commissioner’s website at the fol owing link, which provides details about your rights of
review and other avenues of redress under the FOI Act.
Please feel free to contact me on (02) 9031 3022 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 – FOI-2021/02.05
ACCESS DECISION
STATEMENT OF REASONS
Background – nbn and the FOI Act
1.
nbn is a government business enterprise (GBE), which has the mandate of realising the Australian
Government’s vision for the development of Australia’s new broadband infrastructure.
2.
nbn recognises that information is a vital and an invaluable resource, both for the company and for the
broader Australian community. That is why nbn fosters and promotes a pro-disclosure culture, with the
goal of creating an organisation that is open, transparent and accountable. To that end, nbn makes a large
amount of information freely available to the public on our website: http://nbnco.com.au/.
3.
nbn also manages its information assets within the terms and spirit of the Freedom of Information Act
1982 (the FOI Act). We endeavour to release information proactively, while taking into account our
commercial and other legal obligations.
4.
Subject to relevant exemptions, the FOI Act gives the Australian community the right to access documents
held by Commonwealth Government agencies, as wel as “prescribed authorities” such as nbn.
5.
Under subsection 23(1) of the FOI Act, nbn’s Chief Executive Officer authorises me, to make decisions
about access to documents and related matters under the FOI Act.
6.
Under subsection 26(1) of the FOI Act, I am required to provide a Statement of Reasons for my decisions
in relation to FOI applications. I am also required to set out my findings on any material questions of fact,
referring to the material upon which those findings were based. Those findings are outlined below.
Application Chronology and Scope of Request
7.
On 3 July 2020, nbn received an email from MG, a pseudonym, (the Applicant) making an application
under the FOI Act requesting:
“how many premises are mapped* for a Skymuster connection (as at 01/07/2020) within a:
a. 0 - 5 km radius from Adelaide GPO
b. 5 - 10 km radius from Adelaide GPO
c. 10 - 15 km radius from Adelaide GPO
d. 15 - 20 km radius from Adelaide GPO
e. 20 - 25 km radius from Adelaide GPO
(*mapped means any premises NBNCo has designated to receive a Skymuster connection, whether
connected or not).”
8.
On 17 July 2020, I wrote to the Applicant to acknowledge his request.
9.
On 22 July 2020, I sent the Applicant a fee request, which the Applicant paid in ful on 23 July 2020.
10.
On 3 August 2020, I made my access decision, as outlined below.
Findings on material questions of fact
11.
Under the FOI Act, applicants have a right to seek documents, rather than information or datasets.
However, section 17 of the FOI Act also permits FOI agencies to draw information from computers or
other equipment and to col ate that information into a document, which had previously not existed. This
requirement is subject to a caveat, i.e. that an FOI agency is not required to col ate the information if it
would substantial y and unreasonably divert the agency’s resources.
12.
Noting the above points, subject matter experts (SMEs) within nbn were able to identify relevant
information within nbn’s IT systems and col ate the same into a new document (the Relevant
Document – found at Attachment A) – and without unreasonably and substantial y diverting nbn’s
resources.
13.
I am satisfied that nbn staff have conducted al appropriate searches for the Relevant Document. I am
satisfied that there are no further documents that fal within the scope of the Applicant’s request.
Access Decision
14.
In undertaking my review of the Relevant Document, it is my view, having regard to the nature and
subject matter of the request and the relevant provisions of the FOI Act, that it is appropriate to release
the Relevant Document to the Applicant.
Decision-making Time and Fees
15.
It is nbn’s general policy to charge applicants for FOI processing time. I find that the processing time as
set out in my fee request to the Applicant was accurate and that no further fees are payable.
Disclosure log
16.
Ordinarily, nbn is required to publish documents provided to FOI applicants within 10 working days after
release. I do not consider that that any exceptions as per section 11C of the FOI Act apply, and
accordingly, nbn wil publish the Relevant Document on its disclosure log.
17.
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.
*****
Attachment A – FOI-2021/02 – Document Released in Full
Under the Act, FOI applicants have a right to seek documents, rather than information or datasets. However,
section 17 of the FOI Act also permits FOI agencies to draw information from computers or other equipment and
to col ate that information into a document, which had previously not existed (the Relevant Document). nbn’s
FOI Officer determined to release the Requested Document to the Applicant.
Active nbn satellite
Potential nbn
services at 1 July
satellite services(**)
Distance to Adelaide GPO(*)
2020
at 1 July 2020
0 - 5 km radius from Adelaide GPO
1
1
5 - 10 km radius from Adelaide GPO
43
160
10 - 15 km radius from Adelaide GPO
145
659
15 - 20 km radius from Adelaide GPO
162
859
20 - 25 km radius from Adelaide GPO
152
771
Grand Total
503
2450
(*) It is important to note that distance from a capital city’s GPO is not necessarily an indicative measure
of whether a given premises can expect to be connected to the nbn™ network via satel ite vs. fixed line or
fixed wireless services. It is nbn’s practice to deploy Sky Muster™ satel ite services where providing fixed
line or fixed wireless connections to that area would be unworkable.
(**) It is also important to note that potential, inactive connection numbers:
are reflective of a point in time and may change due to alterations in nbn’s network deployment
plans, such as with upgrades in access technologies;
would include sites designated for nbn’s wholesale broadband clients, i.e. retail service provider or
RSP trial locations and nbn’s own monitoring sites for testing the health of the nbn™ network;
would also represent sites or locations where end-users may not wish to connect to the nbn™
network, e.g. at an isolated building in a rural, remote or inaccessible location;
would also include premises where end-users may have chosen not to connect to the nbn™
network and to retain legacy services; and
would also include premises where end-users may subsequently choose to connect to nbn™
network services at a future date, noting that end-users with Sky Muster™ connections can continue
using their legacy (copper line) services and for which there is no mandatory disconnection
requirement. This is not the case within the nbn™ network’s fixed-line (copper) footprint, where end-
users have roughly 18 months in which to migrate to the nbn™ network before they are disconnected
from legacy services.
