14 August 2014
Mr Timothy N
Sent via email:
xxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI1415/11.02
Dear Timothy,
FOI Application –
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
“a document outlining the expected approximate commencement of date for "detailed design and field
inspection work" issued to NBN Co's delivery partners (for the purposes of the NBN Co Brownfields Fibre build) for the 4CHD
Fibre Serving Area”.
Acknowledgment & Processing Periods
NBN Co received your request on 9 August 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 8 September 2014. You will be advised of any charges as well
as any need to consult third parties in relation to your request.
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
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 at
www.nbnco.com.au/about-
us/media/freedom-of-information/disclosure-log.html.
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
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
