25 August 2022
Steven Roddis
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI2223008.003
Dear Mr Roddis
FOI Application
I am writing in relation to your request, made under the
Freedom of Information Act 1982 (
the FOI Act).
Acknowledgment
As required by section 15(5) of the FOI Act, I acknowledge receipt of your request and note you are seeking
access to:
“
content of the message requesting those documents referenced [in nbn FOI1213-15]”.
Decision-Making Period and Processing Charges The processing period for this FOI request commences on 2 August 2022, being the day after receipt of your
FOI application. The statutory period for processing an FOI request is generally 30 days.
Please also note that
nbn may impose processing charges in relation to FOI requests. In view of the time
necessary to locate the relevant information and make a decision regarding access to it, I have exercised my
discretion to waive processing charges for this application.
nbn’s Commercial Activities Carve-out
I refer you to
nbn’s commercial activities carve-out (
the CAC), per section 7(3A) and Part II of Schedule 2 of
the FOI Act. Please be aware that documents that relate to
nbn’s “commercial activities” are not subject to
the operation of the FOI Act and would likely be exempt from release. The following link summarises and
provides general background information concerning
nbn’s commercial activities carve-out. That background
document references two OAIC reviews that considered
nbn’s CAc: the Internode Decision (in January 2012)
and the Battersby Decision (in July 2013).
Disclosure Log Notification
In accordance with the FOI Act,
nbn 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’s website.
Please feel free to contact me on (02) 9031 3022 if you have any questions, or if you would like to discuss
your request.
Yours sincerely
Rohan Singh
Freedom of Information Officer
