Dear Michael

 

Thank you for your attached email, seeking access to information under the
Freedom of Information Act 1982 (the FOI Act).

Request to clarify

Under the FOI Act, members of the public have a general right of access to
specific documents, subject to certain exemptions. Particularly, under
section 15(2) of the FOI Act, a valid FOI request must provide such
information concerning the requested document as is reasonably necessary
to enable nbn to identify it.

 

You have not requested a specific document, but rather ‘the cost to run
FTTP and the cost to run FTTN and why you have to run new copper cable
from the NODE’. In this regard, it is unclear exactly what specific
document/s you are seeking. As a starting point, it would assist if you
would please clarify whether you are referring to a specific node or costs
on average between FTTN vs. FTTP.

 

I’d be happy to discuss how to best clarify the scope of the request, so
please feel free to call me (02) 9927 4118 if you like.

 

nbn’s Commercial Activities Exemption

Please note that documents that relate to nbn’s “commercial activities”
are not subject to the operation of the FOI Act. The following link
summarises and provides [1]general background information concerning nbn’s
commercial activities exemption (CAE) or carve-out. That background
document references two Office of the Australian Information Commissioner
reviews that considered nbn’s CAE in January 2012 (the [2]Internode
Decision) and again in July 2013 (the [3]Battersby Decision), with those
decisions hyperlinked. While I am not making a formal decision, nor have I
reviewed any relevant documents, there is a possibility that documents
falling within this FOI request may be subject to the CAE.

Processing Period & Charges

The statutory period for processing an FOI request is 30 days, subject to
any suspension of the processing period or extension of the time for
deciding the application. For the reasons outlined above, nbn will not
formally acknowledge, nor commence the processing of this request until
the terms of this FOI application have been sufficiently clarified. Please
also note that processing charges may be imposed in relation to FOI
requests. You will be advised of any charges in relation to your FOI
request. For reference, nbn’s approach to processing charges is outlined
at the following hyperlink: [4]Submission to the Office of the Australian
Information Commissioner Charges Review. In particular, nbn supports—and
will generally apply—Recommendation 24 in the [5]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.

 

Disclosure Log

Please also be advised that nbn is required to publish documents on its
website within 10 working days after the release of the documents to an
FOI applicant. The information you seek may be published in full (as
released to the applicant) or with some additional redactions, based upon
exceptions under section 11C of the FOI Act. For further information
please visit our website and click on the [6]Disclosure Log link.

 

If you have any questions about this matter, please feel free to call me.

 

Sincerely,

Kate

 

Kate Friedrich

Senior Legal Counsel – FOI, Privacy & Knowledge Management

P +61 2 9927 4118| E [7][email address]

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

 

* Monday, Tuesday, Wednesday, Thursday

 

[8]cid:image002.jpg@01D29812.4FA0B090

 

References

Visible links
1. http://www.nbnco.com.au/content/dam/nbnc...
2. http://www.oaic.gov.au/freedom-of-inform...
3. http://www.oaic.gov.au/images/documents/...
4. http://www.oaic.gov.au/images/documents/...
5. http://www.oaic.gov.au/news-and-events/s...
6. http://www.nbnco.com.au/corporate-inform...
7. mailto:[email address]