18 August 2014
Mr Wayne Blacker
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1415/04.08
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.
Processing Period & Charges
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.
Final Payment Request
On 18 August 2014, I finalised my FOI decision in relation to the above matter. The total processing fees are outlined below. In
accordance with Regulation 11(1) of the
Freedom of Information (Charges) Regulations, NBN Co requires payment of
processing fees prior to release of any documents, including the FOI decision. The following is a summary of the processing
charges --
Search and Retrieval Time
1.0 hours @ $15.00 per hour
$15.00
Decision Making Time
2.5 hours @ $20.00 per hour
$50.00
Copies of documents
10 cents per page (Waived)
$ --
Sub-total
$65.00
Less first 5 hours of decision-making time(*)
($50.00)
Total processing fees
$15.00
TOTAL OUTSTANDING
$15.00
(*) In accordance with the
Freedom of Information (Fees and Charges) Regulations, you have not been charged for the first 5 hours of decision making time. The decision-making period also includes
any time required for third party consultations, if necessary.
Please be advised that the outstanding amount, being
$15.00, is due and payable within 30 days of today’s date. If you contend
that the estimated charge has been wrongly assessed, or should be reduced or not imposed, you must notify NBN Co of your
contentions, providing reasons, and evidence where relevant, to support your submission. In deciding whether to reduce or not
to impose a charge, the FOI decision-maker will consider all relevant factors, including whether payment of the charge, or a part
of it, would cause you financial hardship – and whether the giving of access is in the general public interest.
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
You will be advised of your review rights under sections 53A and 54 of the FOI Act following consideration of your contentions.
If you agree to pay the charges set out above, you should make arrangements to pay NBN Co through the following electronic
banking account:
Bank name:
CBA
Name:
NBN Co Limited FOI
BSB:
062-438
Account no:
10240782
Reference:
FOI-AYCA-1JG5A8
When making a payment, please ensure you include the reference (FOI-AYCA-1JG5A8) noted above. Please note that
this is a final decision in relation to access, along with the charging decision. As a result, the balance of the actual charge is a
debt due to the Commonwealth, which NBN Co is obliged to pursue, unless other arrangements are made or NBN Co agrees to
waive the 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
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) 89185670
or via email
on xxxxxxxxxxxxxx@xxxxx.xxx.xx. Sincerely,
Yvette Deerness
Acting GM Legal Counsel – FOI, Privacy 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