5 August 2022
MG (a pseudonym)
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI2223002.003
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 data regarding premises “mapped” for
nbn’s Sky Muster™ services and a breakdown of “Complex
Premises”.
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 follo
wing 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
Freedom of Information
FREEDOM OF INFORMATION REQUEST – FOI212202.003
5 AUGUST 2022
ACCESS DECISION
STATEMENT OF REASONS
Access Decision - summary
1.
Access to the Relevant Document (defined below and at Attachment A) is granted in full.
Background – nbn and the FOI Act
2.
nbn is a government business enterprise (
GBE), which has the mandate of realising the Australian
Government’s vision for the development and operation of Australia’s broadband infrastructure.
3.
nbn recognises that information is a vital and 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/.
4.
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 considering our commercial
and other legal obligations.
5.
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.
6.
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.
7.
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
8.
On 6 July 2022,
nbn received an email from MG, a pseudonym, (the
Applicant) making an application
under the FOI Act requesting:
“Can you please advise how many premises are mapped* for a Skymuster connection (as at 01/07/2022)
within a:
a. 0 - 5 km radius from Adelaide GPO
b. 5 - 10 km radius from Adelaide GPO
c. 10 - 15 km radius from Adelaide GPO
d. 15 - 20 km radius from Adelaide GPO
e. 20 - 25 km radius from Adelaide GPO
Of these premises mapped* for Skymuster requested above, can you also please provide the number of
those premises that are considered "Complex Premises" under NBNCo's "Technology Choice Program" (as
at 01/07/2022), and therefore unable (as at 01/07/2022) to request a change of technology (from
Skymuster) via NBN's "Technology Choice program".
Please breakdown the "Complex Premises" in the same way:
a. 0 - 5 km radius from Adelaide GPO
b. 5 - 10 km radius from Adelaide GPO
c. 10 - 15 km radius from Adelaide GPO
d. 15 - 20 km radius from Adelaide GPO
e. 20 - 25 km radius from Adelaide GPO
(*mapped means any premises NBNCo has designated to receive a Skymuster connection, whether
connected or not).”
9.
On 6 July 2020, I wrote to the Applicant to acknowledge his request.
10.
On the date specified above, I made my access decision, as outlined below.
Findings on material questions of fact
11.
Under the FOI Act, applicants have a right to seek access to documents, rather than information or
datasets. However, section 17 of the FOI Act also permits FOI agencies to draw information from
computers or other equipment and to collate that information into a document, which had previously not
existed. This requirement is subject to a caveat, i.e., that an FOI agency is not required to collate the
information if it would substantially and unreasonably divert the agency’s resources.
12.
Noting the above points, subject matter experts (
SMEs) within
nbn were able to identify relevant
information within
nbn’s IT systems and collate the same into a new document (
the Relevant
Document –
found at
Attachment A) – and without unreasonably and substantially diverting
nbn’s
resources.
13.
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
14.
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.
Decision-making Time and Fees
15.
It is
nbn’s general policy to charge applicants for FOI processing time. In its
Submission to the OAIC
Charges Review, nbn outlined its support of fees and charges and their importance to the FOI scheme.
16.
nbn staff spent time searching for the Relevant Information to respond to the request, however the time
was not substantial on this occasion.
17.
I have spent no more than five hours drafting and finalising this FOI decision, in addition to completing
relevant correspondence in respect of the request. No fees are levied for the first five hours of FOI
decision-making time and accordingly no fees are payable in respect of the decision-making time in this
instance.
18.
Considering the relatively small sum involved, I have determined to waive processing fees in relation to
this FOI application. This is permitted by Regulation 3 of the
Freedom of Information (Charges)
Regulations 1982, which provides decision-makers with a general discretion to impose or not impose
a charge or impose a reduced charge for the processing of an FOI request.
Disclosure log 19.
Ordinarily,
nbn is required to publish documents provided to FOI applicants within 10 working days after
release. I do not consider that that any exceptions as per section 11C of the FOI Act apply, and
accordingly,
nbn will publish the Relevant Document on its disclosure log.
20.
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.
*****
Attachment A – FOI2223002 – Document Released in Full
Under the Act, FOI applicants have a right to seek documents, rather than information or datasets. However,
section 17 of the FOI Act also permits FOI agencies to draw information from computers or other equipment and
to collate that information into a document, which had previously not existed (
the Relevant Document).
nbn’s
FOI Officer determined to release the Requested Document to the Applicant.
Grand Total
Subset of
Active nbn
Potential nbn
complex
satellite
satellite
premises as
services at 1
services(**)
at 1 July 2022
Distance to Adelaide GPO(*)
July 2022
at 1 July 2022
(***)
0-5km from Adelaide GPO
1
5
6
2
5-10km from Adelaide GPO
40
163
203
183
10-15km from Adelaide GPO
111
555
666
591
15-20km from Adelaide GPO
142
748
890
776
20-25km from Adelaide GPO
115
686
801
756
Total 409
2,157
2,566
2,308
(*) It is important to note that distance from a capital city’s GPO is not necessarily an indicative measure of
whether a given premises can expect to be connected to the nbn™ network via satellite vs. fixed line or fixed
wireless services. It is nbn’s practice to deploy Sky Muster™ satellite services where providing fixed line or fixed
wireless connections to that area would be unworkable. (**) It is also important to note that potential, inactive connection numbers:
•
are reflective of a point in time and may change due to alterations in nbn’s network deployment
plans, such as with upgrades in access technologies;
•
would include sites designated for nbn’s wholesale broadband clients, i.e. retail service provider or
RSP trial locations and nbn’s own monitoring sites for testing the health of the nbn™ network;
•
would also represent sites or locations where end-users may not wish to connect to the nbn™ network,
e.g. at an isolated building in a rural, remote or inaccessible location;
•
would also include premises where end-users may have chosen not to connect to the nbn™ network and to
retain legacy services; and
•
would also include premises where end-users may subsequently choose to connect to nbn™ network
services at a future date, noting that end-users with Sky Muster™ connections can continue using their
legacy (copper line) services and for which there is no mandatory disconnection requirement. This is not
the case within the nbn™ network’s fixed-line (copper) footprint, where end-users have roughly 18
months in which to migrate to the nbn™ network before they are disconnected from legacy services.
•
from 2022 are identified using an updated methodology to differentiate more accurately between active
services and disconnected services.
(***) Subset of the “Grand Total” column, premises considered “complex” for the purposes of nbn’s Tech Choice
program, being ineligible for a Tech Choice quote due to cost or complexity.
