Freedom of Information (FOI)

On 11 June 2011, the Freedom of Information Act 1982 (FOI Act) began to apply to NBN Co. The FOI Act gives members of the public a general right of access to documents held by Australian Government agencies, Ministers and government business enterprises (GBEs), such as NBN Co. The FOI Act also enables individuals to access personal records held by Government bodies and correct information that is incomplete, incorrect, out-of-date or misleading.

The public's general right of access is subject to various exemptions relating to national security, law enforcement and public security, material obtained in confidence, Cabinet documents and other matters set out in the FOI Act. In addition to the general exemptions under the FOI Act, Parliament has determined that documents relating to NBN Co's commercial activities are exempt from the operation of the FOI Act. Similar exemptions operate for other GBEs and organisations, such as Australia Post, CSIRO and Comcare, among others.

Accessing information outside of FOI processes

At NBN Co, we recognise that information is a vital and an invaluable resource, both for our company and for the broader Australian community. That's why we foster and promote a pro-disclosure culture at NBN Co, with the goal of creating an organisation that is open, transparent and accountable. In that light, you will be able to find a large amount of information freely available on our website.

We also welcome suggestions regarding information that you think should be published by NBN Co. In that regard, please send any comments or suggestions to . If we are unable to publish the information requested, our staff will contact you to explain why the information was unavailable or provide you with other options regarding information that may be available.

The FOI Act also requires NBN Co to publish an Information Publication Scheme (IPS), which details our procedures for managing and disclosing NBN Co's information assets. Under the IPS, NBN Co must release information regarding our company's organisation, operations and functions, among other matters. In addition, the FOI Act requires NBN Co to publish a Disclosure Log, which lists and provides access to information made available pursuant to FOI requests. The Disclosure Log will not include personal, business or certain other information outlined at section 11C of the Act. FOI applicants are invited to review the above links before making an FOI request, as they may find that the information they are seeking has already been published.

How To make FOI requests

To make an FOI request, applicants should apply in writing and specify:

• Specify that documents are being sought for the purposes of the FOI Act; and
• Provide a postal or email address where correspondence can be sent. A telephone number will also help in case further information is required; and
• Describe as clearly as possible the information being sought. Please include any reference numbers or details that may assist in identifying specific material.

FOI applications can emailed to or in the post to:

        FOI Requests
        NBN Co
        Level 11, 100 Arthur Street
        NORTH SYDNEY NSW 2060

FOI request process

NBN Co will generally process FOI requests within 30 days unless:

• The subject matter is more closely connected to another government entity. In this case, NBN Co will transfer the application to the more relevant or appropriate agency; or
• Third party consultations are required, in which case an additional 30 days of processing time may be added; or
• The applicant agrees to additional time for the processing of the request; or
• Additional time is requested from the Australian Information Commissioner in cases of complex or voluminous requests; or
• NBN Co has decided to impose processing charges for the request.

Once NBN Co has completed its decision regarding access in relation to each FOI request, we will forward any available documents to the applicant. If the requested documents or parts of them fall within an exemption specified in the FOI Act, NBN Co will provide reasons for the decision to exempt the material from release. After making an FOI decision, NBN Co will publish the results of the decision on our Disclosure Log, along with details as to how to access the released documents.

Charges

There is no application fee for an FOI request. Processing charges may apply to requests other than for documents containing only personal information. The charges are in accordance with the Charges Regulations made under the FOI Act. The most common charges are:

• Search and retrieval - $15 per hour.
• Decision-making - $20 per hour (First 5 hours are free).
• Photocopy - 10c per page.
• Transcript - $4.40 per page.
• Supervised inspection - $6.25 per half hour.
• Delivery - Cost of postage or delivery.

Please note that "decision making" includes time spent by NBN Co in deciding to grant or refuse a request, including examining documents, consulting with other parties, making deletions, among other matters. Regarding other charges, NBN Co will provide an applicant with the relevant details.

If charges are applicable, the applicant will receive a written estimate and advice as to how the charge was calculated. NBN Co's policy is to charge deposits in accordance with the requirements outlined in the FOI Act and its Regulations.

Applicants may request that a charge be waived or reduced for a number of reasons, including financial hardship or on public interest grounds. NBN Co will generally require applicants to provide reasons to substantiate their fee waiver request and some form of evidence may be required.

Reviewing or appealing FOI decisions

Applicants have the following review and appeal in relation to NBN Co's FOI decisions:

Internal review - An internal review may be granted in relation to a decision not to grant access to documents or parts of documents, among other matters. An application for review should be made within 30 days of receiving the decision. This time can be extended in certain circumstances. An independent review of the decision will be undertaken and a decision made within 30 days.

Review by the Australian Information Commissioner - Applications may be made to the Australian Information Commissioner for a review of the following decisions:

•  Internal reviews;
•  Deemed decisions (where a decision was not made in the specified time);
•  Original decisions (electing to skip an internal review); or
•  Decisions to refuse additional time to make an internal review request.

Applications must be made within 60 days after receiving the decision to be reviewed. The Information Commissioner may extend that time in certain circumstances. More information can be found on the Information Commissioner's website at www.oaic.gov.au.

Administrative Appeals Tribunal – Applicants may appeal the Information Commissioner's decisions to the Administrative Appeals Tribunal. The Office of the Information Commissioner will provide information on how to appeal in their response. More information can be found at: Applying to the Administrative Appeals Tribunal.

Contact

Post:
FOI Requests
NBN Co
Level 11, 100 Arthur Street
NORTH SYDNEY NSW 2060

Email:


Telephone:
Sydney - 61 2 9926 1900

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