30 July 2024
30 July 2024
MG (a pseudonym)
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
nbn Ref: FOI2425001.005
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 following
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
100 Mount St
xxxx@xxx.xxx.xx
©2024
nbn co limited | ABN 86 136 533 741
North Sydney NSW 2060
nbn.com.au
FREEDOM OF INFORMATION REQUEST – FOI2425001.005
30 JULY 2024
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 1 July 2024,
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
01/07/2024) within a:
100 Mount St
xxxx@xxx.xxx.xx
©2024
nbn co limited | ABN 86 136 533 741
North Sydney NSW 2060
nbn.com.au
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 01/07/2024), and therefore unable (as at 01/07/2024) 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 1 July 2024, I wrote to the Applicant to acknowledge his request. The same day, the
Applicant requested that I waive processing fees.
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
100 Mount St
xxxx@xxx.xxx.xx
©2024
nbn co limited | ABN 86 136 533 741
North Sydney NSW 2060
nbn.com.au
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.
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 Applicant’s submission on costs by reference to previous submissions, 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.
*****
100 Mount St
xxxx@xxx.xxx.xx
©2024
nbn co limited | ABN 86 136 533 741
North Sydney NSW 2060
nbn.com.au
Attachment A – FOI2435001 – 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.
Active nbn
Potential nbn
Subset of
satellite
satellite
complex
Distance to Adelaide GPO(*)
Grand Total
services at 1
services(**) at 1
premises as at 1
July 2024
July 2024
July 2024 (***)
0-5km from Adelaide GPO
0
6
6
2
5-10km from Adelaide GPO
40
140
180
168
10-15km from Adelaide GPO
85
440
525
472
15-20km from Adelaide GPO
126
499
625
574
20-25km from Adelaide GPO
110
433
543
531
Total
361
1518
1879
1747
(*) 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.
(***) Subset of the “Grand Total” column, premises considered “complex” for the purposes of nbn’s Tech Choice
program, being ineligible for an automated Tech Choice quote due to cost or complexity.
100 Mount St
xxxx@xxx.xxx.xx
©2024
nbn co limited | ABN 86 136 533 741
North Sydney NSW 2060
nbn.com.au