15 January 2021
Ben Morris
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI 2021/42.02
Dear Mr Morris
Request for Information
I am writing in relation to your correspondence to
nbn’s FOI Officer email address on 4 January 2021 seeking:
“
information of the available max speed for properties on the HFC network through out Australia .
(100/250/1000)”
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.
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.
Scope of Request
Your request requires clarification before it can be processed.
Your request seeks “
information of the available max speed …”. Could you please clarify what information you
seek about the max speed? Are you seeking data as to which of the
nbn wholesale download speeds listed in
your request (being 100 Mpbs, 250 Mbps, or 1000 Mbps) is the maximum available for each individual property
on
nbn’s HFC network? Alternatively, are you seeking the percentage of properties on
nbn’s HFC network to
which
nbn can supply each of the above wholesale download speeds, or some other information? If you seek a
data table, it may assist to provide a blank table setting out the types of data you seek as column headings for
example.
In addition, the subject timeframe in respect of your request is not defined. Could you please clarify whether you
are seeking current information only, or historic information?
As currently drafted, the terms of your request are not sufficiently clear and the documents that fall within the
parameters of the request are therefore not reasonably identifiable. Accordingly, your FOI request, in its current
form, is invalid. 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 inform me if there is a specific
document, or set of documents, which you are seeking – at least to the extent that you can identify them.
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 availab
le in Fact Sheet 7 on the
Office of the Australian Information Commissioner’s (
OAIC) website and in part 4 of the OAI
C 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