24 July 2014
Mr Ben Fairless
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1415/5.03
Dear Ben,
FOI Application – IT Infrastructure Information
I am writing in relation to your request made under the
Freedom of Information Act, 1982 (
the FOI Act). In particular, you were
seeking access to:
Records detailing the IPv4 (and if relevant, IPv6) addresses used to access the public internet from within your
network.
To clarify, these are the public facing addresses of your private network. I am only requesting addresses that are used
to access the general public internet.
In addition, if it is such that a particular IP address serves a particular area within your department (for example, one IP
address is used for Media Relations, while another is used for Ministerial Communications), I also request access to
this information.
Acknowledgment of Application
You clarified the terms of your request on 16 July 2014 and the period for processing your request commenced from the day
after that date. 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 15 August 2014. You wil be advised of any charges as wel
as any need to consult third parties in relation to your request.
Processing Period & Charges
In addition, please note that 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 provided under the FOI Act.
Applicants wil be advised of any charges as wel 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 af ecting their business af airs.
For reference, NBN Co’s approach to processing charges is outlined at the fol owing hyperlink
: Submission to the Of ice of the
Australian Information Commissioner Charges Review. In particular, I refer you to NBN Co’s support of a roughly 40-hour cap
for al FOI processing charges. I would also refer you to NBN Co’
s FOI web-page, which outlines charges associated with FOI
applications. Applicants general y wil 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 stil be required to pay FOI processing fees.
NBN Co’s Commercial Activities Exemption
I also refer you to NBN Co’s commercial activities exemption (
the CAE), as pe
r section 7(3A) an
d Part I 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
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
operation of the FOI Act. For your reference, the Of ice 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 fol owing
link. The OAIC completed an additional
review at the end of July 2013
– the Bat ersby Decision, which further clarified the scope of NBN Co’s commercial activities
exemption. While I am not making an FOI decision, nor have I formal y reviewed any relevant documents, there is a possibility
that documents fal ing within the terms of this FOI request may be subject to the CAE, among other exemptions from release.
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 ful (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
www.nbnco.com.au/about-
us/media/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 o
n 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
Document Outline
