8 August 2014
Mr Russell Hancock
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1415/09.02
Dear Mr Hancock,
FOI Application – 5EZB Elizabeth Build Commencement
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 information regarding the build commencement for “5EZB Elizabeth”.
On 7 August 2014, I emailed and indicated that I could not commence the processing of your request, as the terms of the
application were unclear. In particular, I requested that you confirm whether you were seeking additional information beyond the
build commencement date for FSAM 5EZB. On the same date, you replied and confirmed that you were only seeking the build
commencement date. As such, I was able to commence the processing of this application.
Acknowledgment & Processing Periods
As required by section 15 of the FOI Act, I am formally acknowledging this FOI application. The period for processing your
request commenced as of today, 8 July 2014, being the date after you clarified 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. In that regard, please note that processing time may be suspended pending the payment
of processing charges and the FOI Act permits the extension of the decision-making period by 30 days, if third party
consultations are required. Furthermore, those third parties would have the opportunity to object to the potential release of
documents affecting their business or personal affairs. Subject to any such additional processing time, NBN Co must make a
determination in relation to this matter by 7 September 2014, which falls on a weekend day. As such, the due date becomes the
next business day, being 8 September 2014. However, NBN Co will endeavour to expedite your request and make a
determination earlier, where operationally possible.
Processing Charges
As outlined above, applicants may be required to pay FOI processing charges. Applicants will be advised of any charges as well
as any need to consult third parties in relation to an FOI request. 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.
NBN Co’s Commercial Activities Exemption
I also refer you to NBN Co’s commercial activities exemption (
the CAE), as
per section 7(3A) and 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
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
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.
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 a
t 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
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
