Dear Watson

Thank you for your email.

Under section 15(2) of the FOI Act, a valid FOI request must provide such
information concerning the requested documents as is reasonably necessary
to enable nbn to identify them, among other things.  Please clarify your
request as set out below.

You have requested “a complete copy of the departments' Freedom of
Information (FOI) logs” for the stated period.  You have also indicated
that this should include “any secondary departments controlled by the
agency”.  As a government business enterprise, nbn has shareholder
ministers/departments.  Did you intend to make this request to those
departments/agencies rather than nbn?  Please could you clarify this.

You reference FOI logs but indicate that you consider nbn’s online
disclosure log to be incomplete.  If it is not the disclosure log you are
seeking, please confirm what records/data would be included in the logs
that you wish to be released.

For your reference, processing charges for FOI applications are set by
regulation and may be found at nbn’s website – and, in particular, its
[1]FOI page.   The following hyperlink outlines nbn’s approach to
processing charges: Submission to the Office of the Australian Information
Commissioner [2]Charges Review. In particular, nbn supports – and will
generally apply – Recommendation 24 in the [3]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 and in part 4 of the OAIC [4]FOI Guidelines.

Once you have clarified the scope of your request to make a valid
application, it will be possible to calculate the relevant processing fee
and give you advance notice. As currently drafted, the terms of your
request are not sufficiently clear and the particular documents that fall
within the parameters of the request are therefore not reasonably
identifiable.  Accordingly, your FOI request, in its current form, is
invalid.  Until you clarify those terms, nbn will not formally acknowledge
your request, and the statutory period for completing this request will
not commence. 

Please feel free to call me on my number below if you would like to
discuss how to progress your application.

Regards

Rohan Singh

Freedom Of Information Officer

T 02 9031 3022 | E [5][email address]

Level 13/100 Mount Street, North Sydney NSW 2060

nbn acknowledges and pays respects to the traditional custodians of all
the lands upon which we work.

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FOI2223057

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