26 August 2022
Steven Roddis
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
nbn Ref: FOI2223008.004
Dear Mr Roddis
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 the request in
nbn’s FOI application no. 1213-15.
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
Freedom of Information Officer
FREEDOM OF INFORMATION REQUEST – FOI2223008.004
ACCESS DECISION – 26 AUGUST 2022
STATEMENT OF REASONS
Background – nbn and the FOI Act
1.
nbn is a government business enterprise (
GBE), which has the mandate of realising the Australian
Government’s vision for the development of Australia’s new broadband infrastructure.
2.
nbn recognises that information is a vital and an 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/.
3.
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.
4.
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.
5.
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.
6.
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
7.
On 1 August 2022,
nbn received an email from Steven Roddis (the
Applicant) making an application under
the FOI Act in the following terms:
“I'm looking for the FOI request related to NBN CO FOI1213-15
https://aus01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.nbnco.com.au%2Fco
ntent%2Fdam%2Fnbnco2%2F2018%2Fdocuments%2FDisclosure-log%2Ffoi-no-1213-15-nbn-co-it-
security-documents-released-9-may-
2013.pdf&data=05%7C01%7Crohansingh2%40nbnco.com.au%7C7e18fdf4d5874aca0c8508d
a73837069%7C947cb559a38041529eb5c7aaf41b194f%7C0%7C0%7C637949305752517081%7CU
nknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6
Mn0%3D%7C2000%7C%7C%7C&sdata=4xLBfRAhfuvEo5EtHTSQm2X29LAFiUx6kF016tRRnuc
%3D&reserved=0
I am explicitly *not* looking for personal information and even would prefer that personal
information is redacted.
To clarify I'm looking for the content of the message requesting those documents referenced
above.”.
8.
I acknowledged receipt of the Applicant’s email on 2 August 2022. On 25 August 2022 I formally
acknowledged the Applicant’s FOI application. At that time, I indicated to the Applicant that all
processing fees would be waived.
9.
On the date specified above, I made my access decision, as outlined below.
Findings on material questions of fact
10.
Under section 3(1)(b) of the FOI Act, the public has a right to seek access to “documents” rather than to
discrete bits of information. However, section 17 of the FOI Act enables
nbn to provide applicants with
information where such information is not available in a discrete written form, but it is “ordinarily
available to the agency for retrieving or collating stored information”. In that regard, a document
containing the information within the scope of the current request could be prepared, to the extent that
any such information exists.
11.
The Applicant’s request included the clarification that he sought “
the content of the message requesting
those documents referenced above.” I therefore understand that the Applicant’s request was for the
wording of the request considered in the access decision under
nbn FOI application no. 1213-15.
12.
Following receipt of the Applicant’s request,
nbn staff undertook searches within the company’s records
and located information as per the Applicant’s request, (
Relevant Information).
13.
I am satisfied that
nbn staff have conducted all appropriate searches for the Relevant Information. 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 Information, 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 Information to the Applicant.
15.
A copy of the Relevant Information is
attached to this Statement of Reasons.
Decision-making Time and Fees
16.
It is
nbn’s general policy to charge applicants for FOI processing time. However, I have decided to exercise
my discretion to waive all applicable fees associated with making this decision. Accordingly, no fees are
payable.
Disclosure log 17.
Ordinarily,
nbn is required to publish documents provided to FOI applicants within 10 working days after
release. In this case, I consider that no exceptions as per section 11C of the FOI Act apply. Accordingly,
nbn will publish the Relevant Document on its disclosure log.
18.
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 – FOI2223008 – Document Released in Full
Under the
Freedom of Information Act, 1982, 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 Information).
nbn’s FOI Officer determined to release the Requested Information to the Applicant.
Relevant Information sought:
the wording of the request considered in the access decision under nbn FOI
application no. 1213-15.
Relevant Information
___
Since the company came into existence, case studies or similar documents detailing serious cyber
incidences seeking to compromise NBN Co infrastructure, which required escalation, but not including: · Attorney General’s Department or similar Commonwealth Government assessments; nor · Risk mitigation strategies or defensive tactics; nor · NBN Co or broader Commonwealth Government security precautions; nor · Similar information that likely be subject to secrecy or confidentiality exemptions.
___
