Design and architecture decisions for MTM Distribution Fibre Network (DFN) - named document;NBN-NTO-EDS-359 Network Design Rules MTM Distribution Fibre Network

Timothy Nothdurft made this Freedom of Information request to NBN Co Limited

Response to this request is delayed. By law, NBN Co Limited should normally have responded promptly and by (details)

From: Timothy Nothdurft

Delivered

Dear NBN Co Limited,

I am requesting information on behalf of the Australian public to understand key architecture decisions around key components of the NBN Network - specifically MTM (multi technology mix) and if these have been cost effective (SoE clause) and considered decisions following best practices that give the best value for the money loaned to the organisation.

I would like to request the following named NBN Document to be released to the Australian public.

NBN-NTO-EDS-359 Network Design Rules MTM Distribution Fibre
Network

Yours faithfully,
Timothy Nothdurft

Link to this

From: Tim Nothdurft


Attachment 6745.pdf
596K Download View as HTML

Attachment 6681.pdf
634K Download View as HTML


I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [1]Outlook for Android

--------------------------------------------------------------------------

From: FOIOfficer <[email address]>
Sent: Monday, July 1, 2019 11:32:27 AM
To: Tim Nothdurft
Cc: FOIOfficer
Subject: Acknowledgement and ADR - Request for network design rules
 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([2][FOI #5476 email]), from which your
request originated.

 

Regards

Kate

 

nbn FOI Officer

References

Visible links
1. https://aka.ms/ghei36
2. mailto:[FOI #5476 email]

Link to this

From: FOIOfficer
NBN Co Limited

Dear Mr Nothdurft

 

Thank you for your email.

 

I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.

 

Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [1]Office of the
Australian Information Commissioner’s FOI Guidelines. For reference, I am
required to complete my Internal Review within 30 days. I would ask that
you provide me with any contentions at your earliest convenience.

 

Regards

nbn FOI Officer

 

From: Tim Nothdurft <[email address]>
Sent: Monday, 1 July 2019 12:07 PM
To: FOIOfficer <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

 

I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [2]Outlook for Android

 

------------------------------------------------------------------------

From: FOIOfficer <[email address]>
Sent: Monday, July 1, 2019 11:32:27 AM
To: Tim Nothdurft
Cc: FOIOfficer
Subject: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([3][FOI #5476 email]), from which your
request originated.

 

Regards

Kate

 

nbn FOI Officer

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://aka.ms/ghei36
3. mailto:[FOI #5476 email]

Link to this

From: Tim Nothdurft

Thank you for your timely response.
NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.
Could you please provide basic metadata of this document.
Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

Get [1]Outlook for Android

--------------------------------------------------------------------------

From: FOIOfficer <[email address]>
Sent: Tuesday, July 2, 2019 3:27:32 PM
To: Tim Nothdurft; FOIOfficer
Cc: [FOI #5476 email]
Subject: RE: Acknowledgement and ADR - Request for network design rules
 

Dear Mr Nothdurft

 

Thank you for your email.

 

I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.

 

Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [2]Office of the
Australian Information Commissioner’s FOI Guidelines. For reference, I am
required to complete my Internal Review within 30 days. I would ask that
you provide me with any contentions at your earliest convenience.

 

Regards

nbn FOI Officer

 

From: Tim Nothdurft <[email address]>
Sent: Monday, 1 July 2019 12:07 PM
To: FOIOfficer <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

 

I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [3]Outlook for Android

 

------------------------------------------------------------------------

From: FOIOfficer <[email address]>
Sent: Monday, July 1, 2019 11:32:27 AM
To: Tim Nothdurft
Cc: FOIOfficer
Subject: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([4][FOI #5476 email]), from which your
request originated.

 

Regards

Kate

 

nbn FOI Officer

References

Visible links
1. https://aka.ms/ghei36
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://aka.ms/ghei36
4. mailto:[FOI #5476 email]

Link to this

From: Tim Nothdurft

I would like to make a request for the information to be released on the
grounds of public interest based on...

The document relates to a matter of public debate, or a policy issue under
discussion within an agency, and disclosure of the document would assist
public comment on or participation in the debate or discussion. [1][30]

The National Broadband Network is a significant infrastructure project and
every Australian holds a stake.  Release of technical documentation raises
awareness, gives transparency, and hold the contractor entities
accountable for costings and performance.

The document relates to an agency decision that has been a topic of public
interest or discussion, and disclosure of the document would better inform
the public as to why or how the decision was made, including highlighting
any problems or flaws that occurred in the decision-making process.
[2][31]

NBN has recently announced FttC to FttP and HFC to FttP uplifts.  There is
evidence that contractors are not adhering to the design documentation and
this makes the release of this information critical to protect the
integrity of the project.

The document would add to the public record on an important and recurring
aspect of agency decision making. [3][32]

Fundamental architecture is unique to the NBN offers no commerical in
confidence advantage and provides important framework for all decisions
now and in the future and should be made public for analysis and debate.
This document is also referenced in key public high level architecture
documents.

Get [4]Outlook for Android

From: Tim Nothdurft
Sent: Tuesday, 2 July, 15:53
Subject: Re: Acknowledgement and ADR - Request for network design rules
To: FOIOfficer
Cc: [FOI #5476 email]

Thank you for your timely response.
NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.
Could you please provide basic metadata of this document.
Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

Get [5]Outlook for Android

From: FOIOfficer <[email address]>
Sent: Tuesday, July 2, 2019 3:27:32 PM
To: Tim Nothdurft; FOIOfficer
Cc: [FOI #5476 email]
Subject: RE: Acknowledgement and ADR - Request for network design rules
 
Dear Mr Nothdurft
 
Thank you for your email.
 
I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.
 
Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [6]Office of the
Australian Information Commissioner’s FOI Guidelines. For reference, I am
required to complete my Internal Review within 30 days. I would ask that
you provide me with any contentions at your earliest convenience.
 
Regards
nbn FOI Officer
 
From: Tim Nothdurft <[email address]>
Sent: Monday, 1 July 2019 12:07 PM
To: FOIOfficer <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules
 
This message is from an external sender - be cautious, particularly with
links and attachments.
 
I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 
How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 
Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.
There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 
Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.
Regards

Get [7]Outlook for Android
 
From: FOIOfficer <[email address]>
Sent: Monday, July 1, 2019 11:32:27 AM
To: Tim Nothdurft
Cc: FOIOfficer
Subject: Acknowledgement and ADR - Request for network design rules
 
Dear Mr Nothdurft
 
Please find attached a letter in relation to your recent FOI request.
 
As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([8][FOI #5476 email]), from which your
request originated.
 
Regards
Kate
 
nbn FOI Officer

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://aka.ms/ghei36
5. https://aka.ms/ghei36
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://aka.ms/ghei36
8. mailto:[FOI #5476 email]

Link to this

From: Tim Nothdurft

Dear FOI officer.

You have had sufficient time to respond under the statutory requirements
of my request to have information released on public grounds.

There has been no attempt to answer or address any of my concerns around
reasonable costs for the release of one named document.

I have not agreed to any formal extension or terms.

I would like to draw your attention to FOI 2019 legislature, Freedom of
Information (Charges) Regulations 2019
Section 7.

(3)  There is no charge in respect of a request for access to a document
if:
                     (a)  the period referred to in paragraph 15(5)(b) of
the Act is extended under subsection 15(6) or (8), section 15AA or
subsection 15AB(2) of the Act; and
                     (b)  the applicant is not notified of a decision on
the request within the extended period.

And the total costs should not exceed that of actually producing a copy of
the document as per the guidance on charges within the FOI legislation.

I would encourage you to respond asap and release this document to the
public domain.

Regards
Tim

Get [1]Outlook for Android

From: Tim Nothdurft
Sent: Tuesday, 2 July, 21:22
Subject: Re: Acknowledgement and ADR - Request for network design rules
To: FOIOfficer
Cc: [FOI #5476 email]

I would like to make a request for the information to be released on the
grounds of public interest based on...

The document relates to a matter of public debate, or a policy issue under
discussion within an agency, and disclosure of the document would assist
public comment on or participation in the debate or discussion. [2][30]

The National Broadband Network is a significant infrastructure project and
every Australian holds a stake.  Release of technical documentation raises
awareness, gives transparency, and hold the contractor entities
accountable for costings and performance.

The document relates to an agency decision that has been a topic of public
interest or discussion, and disclosure of the document would better inform
the public as to why or how the decision was made, including highlighting
any problems or flaws that occurred in the decision-making process.
[3][31]

NBN has recently announced FttC to FttP and HFC to FttP uplifts.  There is
evidence that contractors are not adhering to the design documentation and
this makes the release of this information critical to protect the
integrity of the project.

The document would add to the public record on an important and recurring
aspect of agency decision making. [4][32]

Fundamental architecture is unique to the NBN offers no commerical in
confidence advantage and provides important framework for all decisions
now and in the future and should be made public for analysis and debate.
This document is also referenced in key public high level architecture
documents.

Get [5]Outlook for Android

From: Tim Nothdurft
Sent: Tuesday, 2 July, 15:53
Subject: Re: Acknowledgement and ADR - Request for network design rules
To: FOIOfficer
Cc: [FOI #5476 email]

Thank you for your timely response.
NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.
Could you please provide basic metadata of this document.
Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

Get [6]Outlook for Android

From: FOIOfficer <[email address]>
Sent: Tuesday, July 2, 2019 3:27:32 PM
To: Tim Nothdurft; FOIOfficer
Cc: [FOI #5476 email]
Subject: RE: Acknowledgement and ADR - Request for network design rules
 
Dear Mr Nothdurft
 
Thank you for your email.
 
I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.
 
Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [7]Office of the
Australian Information Commissioner’s FOI Guidelines. For reference, I am
required to complete my Internal Review within 30 days. I would ask that
you provide me with any contentions at your earliest convenience.
 
Regards
nbn FOI Officer
 
From: Tim Nothdurft <[email address]>
Sent: Monday, 1 July 2019 12:07 PM
To: FOIOfficer <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules
 
This message is from an external sender - be cautious, particularly with
links and attachments.
 
I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 
How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 
Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.
There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 
Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.
Regards

Get [8]Outlook for Android
 
From: FOIOfficer <[email address]>
Sent: Monday, July 1, 2019 11:32:27 AM
To: Tim Nothdurft
Cc: FOIOfficer
Subject: Acknowledgement and ADR - Request for network design rules
 
Dear Mr Nothdurft
 
Please find attached a letter in relation to your recent FOI request.
 
As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([9][FOI #5476 email]), from which your
request originated.
 
Regards
Kate
 
nbn FOI Officer

References

Visible links
1. https://aka.ms/ghei36
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://aka.ms/ghei36
6. https://aka.ms/ghei36
7. https://www.oaic.gov.au/freedom-of-infor...
8. https://aka.ms/ghei36
9. mailto:[FOI #5476 email]

Link to this

From: Tim Nothdurft

I've challenged the costings as outlined in the legislation and have been
very specific in my request, and have been ignored.

Please release this information as per your legislative requirements.

Putting it on hold and hoping it lapses is very poor form and once again
demonstrates NBN internal processes are lacking any professionalism.

Get [1]Outlook for Android

--------------------------------------------------------------------------

From: David Mesman <[email address]>
Sent: Tuesday, July 23, 2019 11:20:15 AM
To: Tim Nothdurft <[email address]>
Subject: RE: Acknowledgement and ADR - Request for network design rules
 

Mr Nothdurft –  I refer you to the attached letter. Your application is
currently on hold, pending the payment of the advance deposit, as are the
statutory deadlines for the processing of your FOI application. As
outlined in the attached letter, 11 days have passed in the statutory
deadline.

 

On the 2^nd of July 2019, you made contentions seeking an FOI processing
fee reduction/waiver. nbn’s FOI Team is currently considering your request
and is required to respond within 30 days with an FOI fee decision. We
will endeavour to have a response before that deadline, which is 31 July
2019. Once that determination is made – and if fees are waived, the
processing time limits will re-commence, i.e. from the 11 days already
passed. If FOI processing fees are not waived or reduced, nbn will issue
with a new advance deposit or resend the original advance deposit. You
will be provided with your relevant review and appeal rights at the time
in relation to nbn’s fee decision. Please note that the processing fee
decision is a separate matter from completing an FOI access decision.

 

Best regards, David Mesman

 

From: Tim Nothdurft <[email address]>
Sent: Tuesday, 23 July 2019 10:35 AM
To: FOIOfficer <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

Dear FOI officer.

You have had sufficient time to respond under the statutory requirements
of my request to have information released on public grounds.

There has been no attempt to answer or address any of my concerns around
reasonable costs for the release of one named document.

I have not agreed to any formal extension or terms.

I would like to draw your attention to FOI 2019 legislature, Freedom of
Information (Charges) Regulations 2019

Section 7.

(3)  There is no charge in respect of a request for access to a document
if:

 

                     (a)  the period referred to in paragraph 15(5)(b) of
the Act is extended under subsection 15(6) or (8), section 15AA or
subsection 15AB(2) of the Act; and

 

                     (b)  the applicant is not notified of a decision on
the request within the extended period.

And the total costs should not exceed that of actually producing a copy of
the document as per the guidance on charges within the FOI legislation.

I would encourage you to respond asap and release this document to the
public domain.

Regards

Tim

Get [2]Outlook for Android

From: Tim Nothdurft

Sent: Tuesday, 2 July, 21:22

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [3][FOI #5476 email]

I would like to make a request for the information to be released on the
grounds of public interest based on...

The document relates to a matter of public debate, or a policy issue under
discussion within an agency, and disclosure of the document would assist
public comment on or participation in the debate or discussion. [4][30]

The National Broadband Network is a significant infrastructure project and
every Australian holds a stake.  Release of technical documentation raises
awareness, gives transparency, and hold the contractor entities
accountable for costings and performance.

The document relates to an agency decision that has been a topic of public
interest or discussion, and disclosure of the document would better inform
the public as to why or how the decision was made, including highlighting
any problems or flaws that occurred in the decision-making process.
[5][31]

NBN has recently announced FttC to FttP and HFC to FttP uplifts.  There is
evidence that contractors are not adhering to the design documentation and
this makes the release of this information critical to protect the
integrity of the project.

The document would add to the public record on an important and recurring
aspect of agency decision making. [6][32]

Fundamental architecture is unique to the NBN offers no commerical in
confidence advantage and provides important framework for all decisions
now and in the future and should be made public for analysis and debate.

This document is also referenced in key public high level architecture
documents.

Get [7]Outlook for Android

From: Tim Nothdurft

Sent: Tuesday, 2 July, 15:53

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [8][FOI #5476 email]

Thank you for your timely response.

NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.

Could you please provide basic metadata of this document.

Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

Get [9]Outlook for Android

From: FOIOfficer <[10][email address]>

Sent: Tuesday, July 2, 2019 3:27:32 PM

To: Tim Nothdurft; FOIOfficer

Cc: [11][FOI #5476 email]

Subject: RE: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Thank you for your email.

 

I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.

 

Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [12]Office of
the Australian Information Commissioner’s FOI Guidelines. For reference, I
am required to complete my Internal Review within 30 days. I would ask
that you provide me with any contentions at your earliest convenience.

 

Regards

nbn FOI Officer

 

From: Tim Nothdurft <[13][email address]>

Sent: Monday, 1 July 2019 12:07 PM

To: FOIOfficer <[14][email address]>

Cc: [15][FOI #5476 email]

Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

 

I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [16]Outlook for Android

 

From: FOIOfficer <[17][email address]>

Sent: Monday, July 1, 2019 11:32:27 AM

To: Tim Nothdurft

Cc: FOIOfficer

Subject: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([18][FOI #5476 email]), from which
your request originated.

 

Regards

Kate

 

nbn FOI Officer

References

Visible links
1. https://aka.ms/ghei36
2. https://aka.ms/ghei36
3. mailto:[FOI #5476 email]
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://aka.ms/ghei36
8. mailto:[FOI #5476 email]
9. https://aka.ms/ghei36
10. mailto:[email address]
11. mailto:[FOI #5476 email]
12. https://www.oaic.gov.au/freedom-of-infor...
13. mailto:[email address]
14. mailto:[email address]
15. mailto:[FOI #5476 email]
16. https://aka.ms/ghei36
17. mailto:[email address]
18. mailto:[FOI #5476 email]

Link to this

From: Tim Nothdurft

I would also like to highlight there has been NO agreed upon extension and
you are required by law to either deny or release this information
irrespective of any advanced deposit.
I have giving NBN Australia plenty of time to respond to my concerns on
the ADR dated 1st of July and have been ignored by that FOI officer.

You are not entitled to a 30 day extension from my understanding of the
Legislation.

You, Mr Mesman are in breach of Federal Law and continue to act in a
manner that denies the public access to important information regarding
the NBN rollout and architectural decisions that are SPECIFIC only to the
NBN network.

Get [1]Outlook for Android

--------------------------------------------------------------------------

From: Tim Nothdurft
Sent: Tuesday, July 23, 2019 11:33:44 AM
To: David Mesman <[email address]>
Cc: [FOI #5476 email]
<[FOI #5476 email]>
Subject: Re: Acknowledgement and ADR - Request for network design rules
 
I've challenged the costings as outlined in the legislation and have been
very specific in my request, and have been ignored.

Please release this information as per your legislative requirements.

Putting it on hold and hoping it lapses is very poor form and once again
demonstrates NBN internal processes are lacking any professionalism.

Get [2]Outlook for Android

--------------------------------------------------------------------------

From: David Mesman <[email address]>
Sent: Tuesday, July 23, 2019 11:20:15 AM
To: Tim Nothdurft <[email address]>
Subject: RE: Acknowledgement and ADR - Request for network design rules
 

Mr Nothdurft –  I refer you to the attached letter. Your application is
currently on hold, pending the payment of the advance deposit, as are the
statutory deadlines for the processing of your FOI application. As
outlined in the attached letter, 11 days have passed in the statutory
deadline.

 

On the 2^nd of July 2019, you made contentions seeking an FOI processing
fee reduction/waiver. nbn’s FOI Team is currently considering your request
and is required to respond within 30 days with an FOI fee decision. We
will endeavour to have a response before that deadline, which is 31 July
2019. Once that determination is made – and if fees are waived, the
processing time limits will re-commence, i.e. from the 11 days already
passed. If FOI processing fees are not waived or reduced, nbn will issue
with a new advance deposit or resend the original advance deposit. You
will be provided with your relevant review and appeal rights at the time
in relation to nbn’s fee decision. Please note that the processing fee
decision is a separate matter from completing an FOI access decision.

 

Best regards, David Mesman

 

From: Tim Nothdurft <[email address]>
Sent: Tuesday, 23 July 2019 10:35 AM
To: FOIOfficer <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

Dear FOI officer.

You have had sufficient time to respond under the statutory requirements
of my request to have information released on public grounds.

There has been no attempt to answer or address any of my concerns around
reasonable costs for the release of one named document.

I have not agreed to any formal extension or terms.

I would like to draw your attention to FOI 2019 legislature, Freedom of
Information (Charges) Regulations 2019

Section 7.

(3)  There is no charge in respect of a request for access to a document
if:

 

                     (a)  the period referred to in paragraph 15(5)(b) of
the Act is extended under subsection 15(6) or (8), section 15AA or
subsection 15AB(2) of the Act; and

 

                     (b)  the applicant is not notified of a decision on
the request within the extended period.

And the total costs should not exceed that of actually producing a copy of
the document as per the guidance on charges within the FOI legislation.

I would encourage you to respond asap and release this document to the
public domain.

Regards

Tim

Get [3]Outlook for Android

From: Tim Nothdurft

Sent: Tuesday, 2 July, 21:22

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [4][FOI #5476 email]

I would like to make a request for the information to be released on the
grounds of public interest based on...

The document relates to a matter of public debate, or a policy issue under
discussion within an agency, and disclosure of the document would assist
public comment on or participation in the debate or discussion. [5][30]

The National Broadband Network is a significant infrastructure project and
every Australian holds a stake.  Release of technical documentation raises
awareness, gives transparency, and hold the contractor entities
accountable for costings and performance.

The document relates to an agency decision that has been a topic of public
interest or discussion, and disclosure of the document would better inform
the public as to why or how the decision was made, including highlighting
any problems or flaws that occurred in the decision-making process.
[6][31]

NBN has recently announced FttC to FttP and HFC to FttP uplifts.  There is
evidence that contractors are not adhering to the design documentation and
this makes the release of this information critical to protect the
integrity of the project.

The document would add to the public record on an important and recurring
aspect of agency decision making. [7][32]

Fundamental architecture is unique to the NBN offers no commerical in
confidence advantage and provides important framework for all decisions
now and in the future and should be made public for analysis and debate.

This document is also referenced in key public high level architecture
documents.

Get [8]Outlook for Android

From: Tim Nothdurft

Sent: Tuesday, 2 July, 15:53

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [9][FOI #5476 email]

Thank you for your timely response.

NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.

Could you please provide basic metadata of this document.

Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

Get [10]Outlook for Android

From: FOIOfficer <[11][email address]>

Sent: Tuesday, July 2, 2019 3:27:32 PM

To: Tim Nothdurft; FOIOfficer

Cc: [12][FOI #5476 email]

Subject: RE: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Thank you for your email.

 

I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.

 

Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [13]Office of
the Australian Information Commissioner’s FOI Guidelines. For reference, I
am required to complete my Internal Review within 30 days. I would ask
that you provide me with any contentions at your earliest convenience.

 

Regards

nbn FOI Officer

 

From: Tim Nothdurft <[14][email address]>

Sent: Monday, 1 July 2019 12:07 PM

To: FOIOfficer <[15][email address]>

Cc: [16][FOI #5476 email]

Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

 

I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [17]Outlook for Android

 

From: FOIOfficer <[18][email address]>

Sent: Monday, July 1, 2019 11:32:27 AM

To: Tim Nothdurft

Cc: FOIOfficer

Subject: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([19][FOI #5476 email]), from which
your request originated.

 

Regards

Kate

 

nbn FOI Officer

References

Visible links
1. https://aka.ms/ghei36
2. https://aka.ms/ghei36
3. https://aka.ms/ghei36
4. mailto:[FOI #5476 email]
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/freedom-of-infor...
8. https://aka.ms/ghei36
9. mailto:[FOI #5476 email]
10. https://aka.ms/ghei36
11. mailto:[email address]
12. mailto:[FOI #5476 email]
13. https://www.oaic.gov.au/freedom-of-infor...
14. mailto:[email address]
15. mailto:[email address]
16. mailto:[FOI #5476 email]
17. https://aka.ms/ghei36
18. mailto:[email address]
19. mailto:[FOI #5476 email]

Link to this

From: David Mesman
NBN Co Limited

Dear Mr Nothdurft,

 

Please refer to my email, below, as well as to paragraphs 4.13 and 4.14 of
the Office of the Australian Information Commissioner’s FOI Guidelines.
For your ease of reference, it is found here at the following link
[1]https://www.oaic.gov.au/assets/freedom-o....
The relevant text is as follows:

 

4.13 Upon receiving the applicant’s reasons for contesting the charge, the
agency or minister must, within 30 days or earlier if practicable (s
29(6)), provide a written notice of decision to the applicant as to
whether the charge will be imposed, reduced or waived. In making its
decision, the agency or minister must take into account whether payment of
the charge would cause financial hardship, or whether giving access
without charge or at a reduced charge would be in the public interest (see
[4.75]–[4.87] below) (ss 29(4)–(5)).

 

4.14 Where the agency or minister does not provide its decision to the
applicant within 30 days, it is taken that a decision is made to impose
the charge specified in the notice of preliminary assessment (s 29(7)).

 

You will receive a fee determination in due course, as required by the FOI
Guidelines.

 

Best regards, David Mesman

 

From: Tim Nothdurft <[email address]>
Sent: Tuesday, 23 July 2019 11:43 AM
To: David Mesman <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

I would also like to highlight there has been NO agreed upon extension and
you are required by law to either deny or release this information
irrespective of any advanced deposit.

I have giving NBN Australia plenty of time to respond to my concerns on
the ADR dated 1st of July and have been ignored by that FOI officer.

You are not entitled to a 30 day extension from my understanding of the
Legislation.

You, Mr Mesman are in breach of Federal Law and continue to act in a
manner that denies the public access to important information regarding
the NBN rollout and architectural decisions that are SPECIFIC only to the
NBN network.

Get [2]Outlook for Android

 

------------------------------------------------------------------------

From: Tim Nothdurft
Sent: Tuesday, July 23, 2019 11:33:44 AM
To: David Mesman <[3][email address]>
Cc: [4][FOI #5476 email]
<[5][FOI #5476 email]>
Subject: Re: Acknowledgement and ADR - Request for network design rules

 

I've challenged the costings as outlined in the legislation and have been
very specific in my request, and have been ignored.

Please release this information as per your legislative requirements.

Putting it on hold and hoping it lapses is very poor form and once again
demonstrates NBN internal processes are lacking any professionalism.

Get [6]Outlook for Android

 

------------------------------------------------------------------------

From: David Mesman <[7][email address]>
Sent: Tuesday, July 23, 2019 11:20:15 AM
To: Tim Nothdurft <[8][email address]>
Subject: RE: Acknowledgement and ADR - Request for network design rules

 

Mr Nothdurft –  I refer you to the attached letter. Your application is
currently on hold, pending the payment of the advance deposit, as are the
statutory deadlines for the processing of your FOI application. As
outlined in the attached letter, 11 days have passed in the statutory
deadline.

 

On the 2^nd of July 2019, you made contentions seeking an FOI processing
fee reduction/waiver. nbn’s FOI Team is currently considering your request
and is required to respond within 30 days with an FOI fee decision. We
will endeavour to have a response before that deadline, which is 31 July
2019. Once that determination is made – and if fees are waived, the
processing time limits will re-commence, i.e. from the 11 days already
passed. If FOI processing fees are not waived or reduced, nbn will issue
with a new advance deposit or resend the original advance deposit. You
will be provided with your relevant review and appeal rights at the time
in relation to nbn’s fee decision. Please note that the processing fee
decision is a separate matter from completing an FOI access decision.

 

Best regards, David Mesman

 

From: Tim Nothdurft <[9][email address]>
Sent: Tuesday, 23 July 2019 10:35 AM
To: FOIOfficer <[10][email address]>
Cc: [11][FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

Dear FOI officer.

You have had sufficient time to respond under the statutory requirements
of my request to have information released on public grounds.

There has been no attempt to answer or address any of my concerns around
reasonable costs for the release of one named document.

I have not agreed to any formal extension or terms.

I would like to draw your attention to FOI 2019 legislature, Freedom of
Information (Charges) Regulations 2019

Section 7.

(3)  There is no charge in respect of a request for access to a document
if:

 

                     (a)  the period referred to in paragraph 15(5)(b) of
the Act is extended under subsection 15(6) or (8), section 15AA or
subsection 15AB(2) of the Act; and

 

                     (b)  the applicant is not notified of a decision on
the request within the extended period.

And the total costs should not exceed that of actually producing a copy of
the document as per the guidance on charges within the FOI legislation.

I would encourage you to respond asap and release this document to the
public domain.

Regards

Tim

Get [12]Outlook for Android

 

From: Tim Nothdurft

Sent: Tuesday, 2 July, 21:22

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [13][FOI #5476 email]

I would like to make a request for the information to be released on the
grounds of public interest based on...

The document relates to a matter of public debate, or a policy issue under
discussion within an agency, and disclosure of the document would assist
public comment on or participation in the debate or discussion. [14][30]

The National Broadband Network is a significant infrastructure project and
every Australian holds a stake.  Release of technical documentation raises
awareness, gives transparency, and hold the contractor entities
accountable for costings and performance.

The document relates to an agency decision that has been a topic of public
interest or discussion, and disclosure of the document would better inform
the public as to why or how the decision was made, including highlighting
any problems or flaws that occurred in the decision-making process.
[15][31]

NBN has recently announced FttC to FttP and HFC to FttP uplifts.  There is
evidence that contractors are not adhering to the design documentation and
this makes the release of this information critical to protect the
integrity of the project.

The document would add to the public record on an important and recurring
aspect of agency decision making. [16][32]

Fundamental architecture is unique to the NBN offers no commerical in
confidence advantage and provides important framework for all decisions
now and in the future and should be made public for analysis and debate.

This document is also referenced in key public high level architecture
documents.

Get [17]Outlook for Android

From: Tim Nothdurft

Sent: Tuesday, 2 July, 15:53

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [18][FOI #5476 email]

Thank you for your timely response.

NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.

Could you please provide basic metadata of this document.

Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

Get [19]Outlook for Android

From: FOIOfficer <[20][email address]>

Sent: Tuesday, July 2, 2019 3:27:32 PM

To: Tim Nothdurft; FOIOfficer

Cc: [21][FOI #5476 email]

Subject: RE: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Thank you for your email.

 

I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.

 

Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [22]Office of
the Australian Information Commissioner’s FOI Guidelines. For reference, I
am required to complete my Internal Review within 30 days. I would ask
that you provide me with any contentions at your earliest convenience.

 

Regards

nbn FOI Officer

 

From: Tim Nothdurft <[23][email address]>

Sent: Monday, 1 July 2019 12:07 PM

To: FOIOfficer <[24][email address]>

Cc: [25][FOI #5476 email]

Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

 

I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [26]Outlook for Android

 

From: FOIOfficer <[27][email address]>

Sent: Monday, July 1, 2019 11:32:27 AM

To: Tim Nothdurft

Cc: FOIOfficer

Subject: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([28][FOI #5476 email]), from which
your request originated.

 

Regards

Kate

 

nbn FOI Officer

References

Visible links
1. https://www.oaic.gov.au/assets/freedom-o...
2. https://aka.ms/ghei36
3. mailto:[email address]
4. mailto:[FOI #5476 email]
5. mailto:[FOI #5476 email]
6. https://aka.ms/ghei36
7. mailto:[email address]
8. mailto:[email address]
9. mailto:[email address]
10. mailto:[email address]
11. mailto:[FOI #5476 email]
12. https://aka.ms/ghei36
13. mailto:[FOI #5476 email]
14. https://www.oaic.gov.au/freedom-of-infor...
15. https://www.oaic.gov.au/freedom-of-infor...
16. https://www.oaic.gov.au/freedom-of-infor...
17. https://aka.ms/ghei36
18. mailto:[FOI #5476 email]
19. https://aka.ms/ghei36
20. mailto:[email address]
21. mailto:[FOI #5476 email]
22. https://www.oaic.gov.au/freedom-of-infor...
23. mailto:[email address]
24. mailto:[email address]
25. mailto:[FOI #5476 email]
26. https://aka.ms/ghei36
27. mailto:[email address]
28. mailto:[FOI #5476 email]

Link to this

From: Tim Nothdurft

You have actually made no decision regarding the release of the document
and the actual cost. You have provided a generic quoted template that is
inconsistent with the type of request as outlined in the legislation.  The
ADR is not a reflection of the real world costs and only an estimate,
based on very little information.  I have not once acknowledged acceptance
of the ADR or pausing of the statutory limits of the FOI request.  

For the record, I have asked to be provided simple document metadata and
have been denied and/or ignored. This should be encapsulated within the
original 30 day period.

Either way I suspect this is typically of an organisation that is unable
to act in the best interest of its public stakeholders and operate fairly
within the FOI legislation.

Get [1]Outlook for Android

--------------------------------------------------------------------------

From: David Mesman <[email address]>
Sent: Tuesday, July 23, 2019 11:54:28 AM
To: Tim Nothdurft <[email address]>
Cc: [FOI #5476 email]
<[FOI #5476 email]>
Subject: RE: Acknowledgement and ADR - Request for network design rules
 

Dear Mr Nothdurft,

 

Please refer to my email, below, as well as to paragraphs 4.13 and 4.14 of
the Office of the Australian Information Commissioner’s FOI Guidelines.
For your ease of reference, it is found here at the following link
[2]https://www.oaic.gov.au/assets/freedom-o....
The relevant text is as follows:

 

4.13 Upon receiving the applicant’s reasons for contesting the charge, the
agency or minister must, within 30 days or earlier if practicable (s
29(6)), provide a written notice of decision to the applicant as to
whether the charge will be imposed, reduced or waived. In making its
decision, the agency or minister must take into account whether payment of
the charge would cause financial hardship, or whether giving access
without charge or at a reduced charge would be in the public interest (see
[4.75]–[4.87] below) (ss 29(4)–(5)).

 

4.14 Where the agency or minister does not provide its decision to the
applicant within 30 days, it is taken that a decision is made to impose
the charge specified in the notice of preliminary assessment (s 29(7)).

 

You will receive a fee determination in due course, as required by the FOI
Guidelines.

 

Best regards, David Mesman

 

From: Tim Nothdurft <[email address]>
Sent: Tuesday, 23 July 2019 11:43 AM
To: David Mesman <[email address]>
Cc: [FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

I would also like to highlight there has been NO agreed upon extension and
you are required by law to either deny or release this information
irrespective of any advanced deposit.

I have giving NBN Australia plenty of time to respond to my concerns on
the ADR dated 1st of July and have been ignored by that FOI officer.

You are not entitled to a 30 day extension from my understanding of the
Legislation.

You, Mr Mesman are in breach of Federal Law and continue to act in a
manner that denies the public access to important information regarding
the NBN rollout and architectural decisions that are SPECIFIC only to the
NBN network.

Get [3]Outlook for Android

 

------------------------------------------------------------------------

From: Tim Nothdurft
Sent: Tuesday, July 23, 2019 11:33:44 AM
To: David Mesman <[4][email address]>
Cc: [5][FOI #5476 email]
<[6][FOI #5476 email]>
Subject: Re: Acknowledgement and ADR - Request for network design rules

 

I've challenged the costings as outlined in the legislation and have been
very specific in my request, and have been ignored.

Please release this information as per your legislative requirements.

Putting it on hold and hoping it lapses is very poor form and once again
demonstrates NBN internal processes are lacking any professionalism.

Get [7]Outlook for Android

 

------------------------------------------------------------------------

From: David Mesman <[8][email address]>
Sent: Tuesday, July 23, 2019 11:20:15 AM
To: Tim Nothdurft <[9][email address]>
Subject: RE: Acknowledgement and ADR - Request for network design rules

 

Mr Nothdurft –  I refer you to the attached letter. Your application is
currently on hold, pending the payment of the advance deposit, as are the
statutory deadlines for the processing of your FOI application. As
outlined in the attached letter, 11 days have passed in the statutory
deadline.

 

On the 2^nd of July 2019, you made contentions seeking an FOI processing
fee reduction/waiver. nbn’s FOI Team is currently considering your request
and is required to respond within 30 days with an FOI fee decision. We
will endeavour to have a response before that deadline, which is 31 July
2019. Once that determination is made – and if fees are waived, the
processing time limits will re-commence, i.e. from the 11 days already
passed. If FOI processing fees are not waived or reduced, nbn will issue
with a new advance deposit or resend the original advance deposit. You
will be provided with your relevant review and appeal rights at the time
in relation to nbn’s fee decision. Please note that the processing fee
decision is a separate matter from completing an FOI access decision.

 

Best regards, David Mesman

 

From: Tim Nothdurft <[10][email address]>
Sent: Tuesday, 23 July 2019 10:35 AM
To: FOIOfficer <[11][email address]>
Cc: [12][FOI #5476 email]
Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

Dear FOI officer.

You have had sufficient time to respond under the statutory requirements
of my request to have information released on public grounds.

There has been no attempt to answer or address any of my concerns around
reasonable costs for the release of one named document.

I have not agreed to any formal extension or terms.

I would like to draw your attention to FOI 2019 legislature, Freedom of
Information (Charges) Regulations 2019

Section 7.

(3)  There is no charge in respect of a request for access to a document
if:

 

                     (a)  the period referred to in paragraph 15(5)(b) of
the Act is extended under subsection 15(6) or (8), section 15AA or
subsection 15AB(2) of the Act; and

 

                     (b)  the applicant is not notified of a decision on
the request within the extended period.

And the total costs should not exceed that of actually producing a copy of
the document as per the guidance on charges within the FOI legislation.

I would encourage you to respond asap and release this document to the
public domain.

Regards

Tim

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From: Tim Nothdurft

Sent: Tuesday, 2 July, 21:22

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [14][FOI #5476 email]

I would like to make a request for the information to be released on the
grounds of public interest based on...

The document relates to a matter of public debate, or a policy issue under
discussion within an agency, and disclosure of the document would assist
public comment on or participation in the debate or discussion. [15][30]

The National Broadband Network is a significant infrastructure project and
every Australian holds a stake.  Release of technical documentation raises
awareness, gives transparency, and hold the contractor entities
accountable for costings and performance.

The document relates to an agency decision that has been a topic of public
interest or discussion, and disclosure of the document would better inform
the public as to why or how the decision was made, including highlighting
any problems or flaws that occurred in the decision-making process.
[16][31]

NBN has recently announced FttC to FttP and HFC to FttP uplifts.  There is
evidence that contractors are not adhering to the design documentation and
this makes the release of this information critical to protect the
integrity of the project.

The document would add to the public record on an important and recurring
aspect of agency decision making. [17][32]

Fundamental architecture is unique to the NBN offers no commerical in
confidence advantage and provides important framework for all decisions
now and in the future and should be made public for analysis and debate.

This document is also referenced in key public high level architecture
documents.

Get [18]Outlook for Android

From: Tim Nothdurft

Sent: Tuesday, 2 July, 15:53

Subject: Re: Acknowledgement and ADR - Request for network design rules

To: FOIOfficer

Cc: [19][FOI #5476 email]

Thank you for your timely response.

NBN internal processes must be inefficient if finding and retrieving 8
named documents from an internal records management system is not
proportional to retrieving of one in such a simplic request? 
Irrespectively the decision making is also disproportionate and not inline
with other agencies.

Could you please provide basic metadata of this document.

Including page count, versioning, date.  Surely this can be freely
provided and to help determine if the quoted costs for the information are
in fact reasonable and consistent?

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From: FOIOfficer <[21][email address]>

Sent: Tuesday, July 2, 2019 3:27:32 PM

To: Tim Nothdurft; FOIOfficer

Cc: [22][FOI #5476 email]

Subject: RE: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Thank you for your email.

 

I consider that the decision making will constitute the majority of
processing time with your request. Please note that in estimating the time
involved, I considered your specific request for one document, rather than
looking at your previous request for eight documents and simply dividing
it by eight. In this regard, my preliminary view is that the Advance
Deposit Request and fees outlined to you represent an accurate estimate of
the processing time for your request. I also note that the decision making
time estimate is for twelve, not twenty, hours.

 

Please also note that the FOI Act enables FOI applicants to request a
reduction or waiver of the fees in circumstances where it can be shown
that the release of requested documents would be in the public interest or
they are experiencing financial hardship. I note that you have not made a
request or specific contentions in that regard. If you wish to make such a
request, I would refer you to paragraphs 4.75-4.89 of the [23]Office of
the Australian Information Commissioner’s FOI Guidelines. For reference, I
am required to complete my Internal Review within 30 days. I would ask
that you provide me with any contentions at your earliest convenience.

 

Regards

nbn FOI Officer

 

From: Tim Nothdurft <[24][email address]>

Sent: Monday, 1 July 2019 12:07 PM

To: FOIOfficer <[25][email address]>

Cc: [26][FOI #5476 email]

Subject: [External] Re: Acknowledgement and ADR - Request for network
design rules

 

This message is from an external sender - be cautious, particularly with
links and attachments.

 

I'm questioning the consistency of the charges based on previous costings
to retrieve 8 named documents (find attached). 

How does a single named document require 1full hours, but 8 similarly
named documents requires only an additional 15 minutes? 

Also the decision making time is disproportionate.  20 hours for a single
document is not in line with other Government  department FOI costings.

There is enough public interest to release this data to validate technical
choice design decisions and if the CiC costs are proportional to the
design. 

Therefore despite the disproportionate costings I'm requesting this
document be made public under FOI act.

Regards

Get [27]Outlook for Android

 

From: FOIOfficer <[28][email address]>

Sent: Monday, July 1, 2019 11:32:27 AM

To: Tim Nothdurft

Cc: FOIOfficer

Subject: Acknowledgement and ADR - Request for network design rules

 

Dear Mr Nothdurft

 

Please find attached a letter in relation to your recent FOI request.

 

As this letter relates to the ADR that has been determined in relation to
your request, we have sent this to your direct email address. However, we
will process all other aspects of this request via the Right To Know
address ([29][FOI #5476 email]), from which
your request originated.

 

Regards

Kate

 

nbn FOI Officer

References

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