Dear Navin

Thank you for your request below made under the Freedom of Information Act
1982 (the FOI Act) for 3 reason codes listed on nbn installation orders. I
acknowledge receipt of your request, per section 15(5) of the FOI Act, and
the nbn FOI group is processing your request.

I’ve set out some information about the FOI process below. If you have any
questions, please feel free to contact me.

Charging Policy

nbn’s policy is to apply processing charges in relation to FOI requests,
subject to public interest considerations. In that regard, I refer you to
nbn’s FOI processing charges policy outlined here: [1]Submission to the
OAIC Charges Review. nbn supports–and will generally apply–Recommendation
24 in the [2]Hawke Review into FOI Legislation (the Hawke Review), which
suggests roughly a 40-hour ceiling for FOI processing time. I will
undertake a preliminary assessment of the processing charges and inform
you of them (if any) in due course.

nbn’s Commercial Activities Exemption

I also refer you to nbn’s commercial activities exemption (the CAE), per
[3]section 7(3A) and [4]Part II of Schedule 2 of the FOI Act. In
particular, documents that relate to nbn’s “commercial activities” are not
subject to the operation of the FOI Act. For your reference, the Office of
the Australian Information Commissioner (OAIC) completed a review decision
in January 2012 (the [5]Internode Decision) that provides background and
guidance on the application of the CAE to nbn. In July 2013, the OAIC
completed an additional review ([6]the Battersby Decision), which further
clarifies the scope of nbn’s CAE. While I am not making a formal decision,
there is a possibility that documents falling within the terms of this FOI
request may be subject to the CAE, among other exemptions from release. In
particular, I would refer you to [7]section 37 of the FOI Act.

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
redactions as per section 11C of the FOI Act. For further information,
visit nbn’s [8]Disclosure Log.

Sincerely,

Kate

Kate Friedrich

Legal Counsel – FOI, Privacy & Knowledge Management

P +61 2 9927 4118| E [9][email address]

Level 11, 100 Arthur Street, North Sydney, NSW 2066

* Monday, Tuesday, Wednesday, Thursday

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Dear Navin

Please find an advance deposit request attached, in relation to your FOI request below.

Regards
Kate

Kate Friedrich
Legal Counsel – FOI, Privacy & Knowledge Management
P +61 2 9927 4118| E [email address]
Level 11, 100 Arthur Street, North Sydney, NSW 2066

* Monday, Tuesday, Wednesday, Thursday

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