Mr Wayne Blacker
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1415/04.06
Dear Mr Blacker,
FOI Application – Belgian Gardens/Rowes Bay/Pallarenda Rollout Information
I am writing in relation to your request made under the
Freedom of Information Act, 1982 (
the FOI Act), seeking access to NBN
rollout information.
Acknowledgment of Application
Following a request consultation process, you clarified the terms of your request on 18 July 2014 and the period for processing
your request commenced from the day after that date. As required by section 15 of the FOI Act, I am acknowledging your
application. For your reference, the statutory period for processing an FOI request is 30 days, subject to any suspension of the
processing period or an extension of the time for deciding the application. Subject to any such additional processing time, NBN
Co must make a determination in relation to this application by 17 August 2014. As this date falls on a weekend, the due date
becomes the next business day, being 18 August 2014. However, NBN Co will endeavour to complete this request earlier, if
possible. You will be advised of any charges as well as any need to consult third parties in relation to your request.
NBN Co’s Commercial Activities Exemption I refer you to NBN Co’s commercial activities exemption (
the CAE), as
per section 7(3A) a
nd Part II of Schedule 2 of the FOI
Act. As you may be aware, documents that are in relation to NBN Co’s “commercial activities” are not subject to the operation of
the FOI Act. For your reference, the Office of the Australian Information Commissioner (
the OAIC) completed a review decision
in January 2012 (
the Internode Decision), which provides background and guidance as to the application of the CAE to NBN
Co. The Internode Decision may be found by clicking on the followin
g link. The OAIC completed an additional review at the end
of July 2013 –
the Battersby Decision, which further clarified the scope of NBN Co’s commercial activities exemption. While I
am not making an FOI decision, nor have I formally reviewed any relevant documents, there is a possibility that documents
falling within the terms of this FOI request may be subject to the CAE, among other exemptions from release.
Processing Period & Charges
Please note that FOI processing charges may be imposed and that consultation with third parties may be required for any FOI
request. If it is necessary to consult with third parties, additional processing time is permitted under the FOI Act. Applicants will
be advised of any charges as well as any need to consult third parties in relation to an FOI request. Furthermore, those parties
would have the opportunity to object to the potential release of documents affecting their business affairs.
For reference, NBN Co’s approach to processing charges is outlined at the following hyperlink
: Submission to the Office of the
Australian Information Commissioner Charges Review. In particular, I refer you to NBN Co’s support of a roughly 40-hour cap
for all FOI processing charges. I would also refer you to NBN Co’s
FOI web-page, which outlines charges associated with FOI
applications. Applicants generally will be charged for processing time, including search and retrieval, consultations and
decision-making time, regardless of the outcome of the access request. In other words, applicants may be refused access to
documents or information and still be required to pay FOI processing fees.
Disclosure Log Notification
In accordance with the FOI Act, NBN Co 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 exceptions as per
PHONE
(02) 9926 1900
FAX
(02) 9926 1901
EMAIL
xxxx@xxxxx.xxx.xx
WEB
www.nbnco.com.au
LEVEL 11, 100 ARTHUR STREET, NORTH SYDNEY NSW 2060
NBN Co Limited ACN 136 533 741 © NBN Co 2013
section 11C of the FOI Act. For further information, visit
our Disclosure Log on NBN Co’s website at the following address:
http://www.nbnco.com.au/corporate-information/about-nbn-co/freedom-of-information/disclosure-log.html. .
If you have any questions or need to discuss your FOI application, please feel free to contact the writer on Tel. (02) 8918 8596
or via email
on xxxxxxxxxxx@xxxxx.xxx.xx.
Sincerely,
David J Mesman
GM Legal – FOI and Knowledge Management
PHONE
(02) 9926 1900
FAX
(02) 9926 1901
PAGE
2
EMAIL
xxxx@xxxxx.xxx.xx
WEB
www.nbnco.com.au
LEVEL 11, 100 ARTHUR STREET, NORTH SYDNEY NSW 2060
NBN Co Limited ACN 136 533 741 © NBN Co 2013
