12 September 2022
Steven Roddis
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our Ref: FOI2223013.003
Dear Steven
Request for Information
I am writing in relation to your request, sent to
nbn’s FOI Officer email address on 1 September 2022.
Notice and Scope of Request
It is my view that the request is too broad and so does not provide such information as to reasonably enable
identification of the documents you are seeking. The request would necessitate searches across a number of
systems, and the examination of numerous records in order to ascertain those which may fit within its broad
terms.
nbn staff have estimated that this would require more than 75 hours of staff time.
Considering the time likely to be required to process the requests, I am of the opinion that it would be an
unreasonable diversion of
nbn’s resources to commence the processing of this FOI application, in its current form.
In that regard, I am relying on sections 24 and 24AA of the FOI Act.
Request Consultation Process
Section 24 of the FOI Act requires
nbn to undertake a request consultation process, before issuing a notice to
refuse access. Before issuing a refusal notice, section 24AB of the FOI Act requires
nbn to provide applicants with
written notice stating their intention to refuse access and to initiate a request consultation process. Accordingly, I
request that you review the scope of your FOI request and notify me within 14 days after the date of this notice,
that is by 26 September 2022, as to whether you wish to:
• withdraw the request,
• make a revised request, or
• not revise the request.
I would be happy to assist you in refining the scope of your request, and please feel free to call me to discuss.
If you have not notified me by the abovementioned date,
nbn will consider that this application has been
withdrawn, per section 24AB(7) of the FOI Act. In accordance with section 24AB(8) of the FOI Act, the time taken
to consult with you regarding the scope of a request is not taken into account when calculating the 30-day
statutory time limit for processing FOI applications.
nbn’s Commercial Activities Carve-out (CAC) As a Commonwealth Government Business Entity or GBE,
nbn is carved-out or exempt from the application of the
FOI Act in relation to its commercial activities. That means that documents relating to
nbn’s commercial activities
are not subject to the FOI Act. This is beyond the standard exemptions that other Government agencies may rely
upon.
Accordingly,
nbn generally requests that applicants exclude certain matters that are likely to fall within the CAC,
along with other standard exemptions, e.g. legal privilege, confidential materials, commercially sensitive
information, deliberative materials, etc. This assists
nbn in ensuring that its resources are not unduly diverted
from its core activities, particularly where the outcome of an FOI decision may likely result in a refusal. The
following link summarises and provides
general background information concerning
nbn’s CAC. That document
references two reviews by the Australian Information Commissioner that considered
nbn’s carve-out, being the
Internode Decision and th
e Battersby Decision. I have not reviewed the documents falling within the scope of your request, and am not making a decision in
relation to them now, however, there is a distinct possibility that the CAC would apply to such documents.
FOI Processing Period and Charges
The statutory period for processing an FOI application is 30 days, subject to any suspension of the processing
period or extension of the time for deciding the application. Please also note that
nbn may impose processing
charges in relation to FOI requests. I will inform you of any charges in relation to your request.
Processing charges for FOI applications are set by regulation and may be found at
nbn’s website – and, in
particular
, its FOI page. The following link outlines
nbn’s approach to processing charges: Submission to the
Office of the Australian Information Commission
er Charges Review. In particular,
nbn supports – and will generally apply – Recommendation 24 in th
e Hawke Review into FOI
Legislation, (the Hawke Review) as a benchmark in reviewing FOI applications. For your reference,
Recommendation 24 suggests a 40-hour ceiling for all FOI processing charges. More information about charges
under the FOI Act is available on the Office of the Australian Information Commissioner’s (
OAIC) website including
in part 4 of the OAI
C FOI Guidelines.
Disclosure Log
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 redactions as per section 11C of the FOI Act. For further information and other details, please 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