Dear Mr Le May,

I refer to your email dated 17 February 2016 making a request under the
FOI Act.  Under section 15(5)(a) FOI  Act, IA acknowledges receipt of your
request.

Your email seeks “that the following documents be released:

-A list of documents, articles and any other reference material that
Infrastructure Australia consulted before coming to the view that the NBN
company should be privatised

-A list of organisations and individuals that Infrastructure Australia
consulted before coming to the view that the NBN company should be
privatised

-A list of individuals within Infrastructure Australia who contributed
towards the agency's view that the NBN company should be privatised

-Any email communication since the 2013 Federal Election between
Infrastructure Australia and the office of the Communications Minister
(including the current Minister, Senator Mitch Fifield, and the previous
Minister, the Hon Malcolm Turnbull) on the topic of privatising the
National Broadband Network.”

The first three items in your email are not valid requests under the FOI 
Act. The FOI Act entitles a person to access to “documents of an agency”.
 The first 3 items of your email require IA to create lists of documents
that contain the information sought in your email. The FOI Act does not
require IA to create documents to provide information sought by an
applicant.

You may be able to obtain some assistance with your enquiries from a
member of IA’s Communications team, who can be contacted  as follows:

Email: [1][Infrastructure Australia request email]
Phone: + 61 2 8114 1900
Postal address: GPO Box 5417, SYDNEY, NSW 2001
Street address: Level 21/126 Phillip St, Sydney NSW 2000.

IA is able to respond to the fourth item in your email as an FOI request
if you wish to do so, however we encourage you to seek that information
also by contacting IA’s Communication team.

Please advise if you wish IA to proceed with your request in respect of
the fourth item in your email.

 
 
 
 
 
[2]www.infrastructureaustralia.gov.au
GPO Box 5417  |  Sydney NSW 2001
[3]http://infrastructureaustralia.gov.au/im...

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Dear Mr LeMay,

Section 17 FOI Act would require IA to create a written form of a document of information stored electronically and not in discrete written form if an Applicant does not want to be provided with the electronic format. IA is not required under the FOI Act to provide information unless it exists in documents, and is not required to create documents containing information as you have done in your request.

If you wish to make an application for documents containing lists of particular information, then your application should be framed in that way, and provide sufficient information concerning the documents that is reasonably necessary to enable IA to identify the documents you request.

IA again invites you to contact our Communications team as you may be able to obtain the information you seek through that process. IA does not have a record of you attempting to contact IA's Communications team previously.

We interpret your email below as putting your FOI request on hold at present. Please advise if you wish to proceed with all or any part of your request, re-frame the request in relation to the first three paragraphs or if you wish to withdraw all or any part of your request.

Yours Faithfully,

Infrastructure Australia.

www.infrastructureaustralia.gov.au
GPO Box 5417  |  Sydney NSW 2001

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Dear Mr LeMay,

In relation to your amended FOI request below, IA responds as follows:

- Request in your first paragraph: The FOI Act does not apply to documents of an agency that comprise material maintained for reference purposes that is otherwise publicly available. To the extent that this part of your request is for publicly available reference material, it is not a valid request under the FOI Act. To the extent that there may be any documents to which the FOI Act does apply, your request is very broad, and IA is currently undertaking enquiries to attempt to identify the scope of this part of your request. IA will consider whether it is appropriate to commence the request consultation process, once IA's preliminary enquiries are complete. IA's Communications team has corresponded with you also, and has provided you with information relating to the reference material.

- Request in your second paragraph: IA is currently undertaking enquiries to attempt to identify the scope of this part of your request. As the request is very broad, IA will consider whether it is appropriate to commence the request consultation process, once IA's preliminary enquiries are complete.

Yours faithfully
Infrastructure Australia

www.infrastructureaustralia.gov.au
GPO Box 5417  |  Sydney NSW 2001

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Dear Mr LeMay,

Please see attached notice under the FOI Act in respect of your request FOI 15-05.

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Dear Mr LeMay,

In relation to the first part of your request, please advise if you wish to provide further information to enable IA to identify the documents the subject of your request.

In relation to the second part of your request, in order to assist you with revising your request, IA will conduct searches to ascertain whether the practical refusal reason will no longer exist by limiting the second part of your request as you have suggested. We will provide you with information that will assist you to revise your request, based on the outcome of those searches.

Yours faithfully,
Infrastructure Australia

P + 61 2 8114 1900 
www.infrastructureaustralia.gov.au
GPO Box 5417  |  Sydney NSW 2001

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Dear Mr LeMay,

As advised previously, IA is conducting searches to assist you with revising your request.

In the event that the practical refusal reason is removed, and documents are identified that respond to your request (ie documents relating to the privatisation of NBN), your request will cover documents which contain information concerning the business, commercial or financial affairs of NBN, and IA will be obliged to consult with NBN (and possibly other entities) before making a decision in relation to your request. Under section 15(6) of the Freedom of Information Act, 1982 (FOI Act), IA has determined that the requirements of section 27 FOI Act [Consultation-business documents] make it appropriate to extend the period for processing your request referred to in section 15(5)(b) by 30 days.

IA will advise you of the date the processing period for your request will end, once the request consultation period is complete.

Please note that IA is not presently aware of any documents that respond to your request, and as part of the request consultation process, IA is presently undertaking searches to ascertain whether any documents exist on the basis of current search parameters.

Yours faithfully,
Infrastructure Australia

www.infrastructureaustralia.gov.au
GPO Box 5417  |  Sydney NSW 2001

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Dear Mr LeMay,

In relation to the first paragraph of your request, you have not responded to the query below, nor have you sought to alter the terms of your request.

In relation to the second paragraph of your request, IA has conducted preliminary searches using the parameters in your email below, and has identified approximately 80 documents to be reviewed to ascertain whether they fall within the scope of your request. On this basis, and provided no additional documents which substantially affect the scope are identified, IA is of the view that the practical refusal reason will no longer exist in respect of a request in the terms of the second part of your request.

Please advise whether you wish to withdraw the first part of your request, and revise the second part of your request to:

"Any email communication since the 2013 Federal Election between Infrastructure Australia and the office of the Communications Minister that discusses the topic of privatising the NBN company".

Yours faithfully,

Infrastructure Australia

P + 61 2 8114 1900

www.infrastructureaustralia.gov.au
GPO Box 5417  |  Sydney NSW 2001

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