3 March 2021
MG
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI 2021/55.03
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 weekly rollout information.
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 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 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 2021/55.03
ACCESS DECISION - 3 MARCH 2021
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 well 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 12 February 2021],
nbn received an email from “MG” (the
Applicant) making an application under the
FOI Act requesting:
“1. Weekly progress report as of Thursday 18 Feb 2021
(Showing the progress of the rollout outlining the number of premises passed, the services
activated, and those passed but currently ‘Not yet ready to connect’.) I am requesting the information in the exact format as previously released (at no charge) by
NBNco each week, the last being a Weekly Progress Report for the week ending 28 January 2021
found on NBNco's website: https://www.nbnco.com.au/content/dam/nbnco2/2019/documents/weekly-progress-
report/Public_Progress_Data%20-%20280121.pdf”
8.
On 2 March 2021, I wrote to the Applicant to acknowledge his request.
9.
On 3 March 2021, I made my access decision, as outlined below.
Findings on material questions of fact
10.
Following receipt of the Applicant’s request,
nbn staff undertook searches within the company’s records
and located a document falling within the scope of the request, being a cumulative weekly progress
report, which includes weekly data as of the date range specified in the Applicant’s request (
Relevant Document).
11.
I am satisfied that
nbn staff have conducted all appropriate searches for the Relevant Document. I am
satisfied that there are no further documents that fall within the scope of the Applicant’s request.
Access Decision
12.
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.
13.
A copy of the Relevant Document is
attached to this Statement of Reasons.
Decision-making Time and Fees
14.
It is
nbn’s general policy to charge applicants for FOI processing time. However, in light of the fact that the
Relevant Document has been, or will imminently be, published on
nbn’s website, I have decided to
exercise my discretion to waive all applicable fees associated with making this decision. Accordingly, no
fees are payable.
Disclosure log 15.
Ordinarily,
nbn is required to publish documents provided to FOI applicants within 10 working days after
release. In this case, I consider that no exceptions as per section 11C of the FOI Act apply. Accordingly,
nbn will not publish the Relevant Document on its disclosure log.
16.
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.
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