[LINK] Key NBN bill passes the Senate

Tom Worthington tom.worthington at tomw.net.au
Sat Mar 26 09:04:03 AEDT 2011


Marghanita da Cruz wrote:
>> ONE of two key pieces of legislation relating to the operation of
>> the $36 billion National Broadband Network   ...

In his closing address to the ACS Canberra Conference last Thursday, Dr. 
James Popple, Australian Freedom of Information Commissioner, mentioned 
his first FOI review was "Crowe and NBN Co Ltd". This was a journalist 
complaining that NBN Co did not provide documents. The decision was that 
NBN Co. is not subject to the FOI act, as it is not a government agency: 
<http://www.oaic.gov.au/publications/decisions.html>.

Senator Scott Ludlam (who opened the ACS Conference) proposed a "Review 
of operation of the Freedom of Information Act 1982 so far as that Act 
relates to documents of NBN Co", which the Government agreed to and has 
been passed: 
<http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=Id:%22legislation/billhome/display.w3p;query=Id%3A%22legislation%2Famend%2Fr4495_amend_ccb6a2fb-6e09-4285-844c-d6fd4457cd89%22;rec=0>.

However, the review does not of itself change the FOI Act to cover NBN 
Co. It seems reasonable to me that the FOI act should apply to NBN Co., 
given that it has a legislated monopoly and acts at the direction of the 
Minister for Broadband.

ps: Dr. Popple is an Adjunct Lecturer at ANU and is helping with the 
e-Records course: <http://cs.anu.edu.au/courses/COMP7420/>.


-- 
Tom Worthington FACS CP HLM, TomW Communications Pty Ltd. t: 0419496150
PO Box 13, Belconnen ACT 2617, Australia  http://www.tomw.net.au
Adjunct Senior Lecturer, School of Computer Science, The
Australian National University http://cs.anu.edu.au/courses/COMP7310/
Visiting Scientist, CSIRO ICT Centre: http://bit.ly/csiro_ict_canberra



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