Greens win NBN Co FOI review

By Ry Crozier on Mar 25, 2011 10:36 AM
Filed under Telco/ISP

To occur within a year.

Greens Senator Scott Ludlam has won a Government review of the way the Freedom of Information Act relates to NBN Co documents.

Ludlam's proposed amendment to the NBN Companies Bill passed with support from the Government, opposition and key independents.

The review would take place within a year of the Companies Bill being passed into law. It passed the Senate today.

Senator Simon Birmingham said the Opposition welcomed the amendments "insofar as they go".

He said the review represented a "concession" on the original FOI deal struck between the Government and Greens last month

"I think this is a halfway house, but at least a halfway house is better than no house at all," Birmingham said.

Independent senator Nick Xenophon sought clarity from Ludlam and Communications Minister Stephen Conroy on what would be covered in the review.

"I don't think its unreasonable to seek some minimum standards for the review," Xenophon said.

"It is a fundamental issue of how this FOI review will be carried out."

In particular, Xenophon sought an assurance that the review would examine the issue of detriment raised in a High Court case between the Commonwealth and Fairfax.

The idea was to tighten FOI rules to prevent documents being withheld on the basis of "confidentiality" unless it was proven their release would be a "real detriment" to the Government or to NBN Co's commercial operations.

Xenophon's calls were backed by Senator Ludlam.

"The issue of detriment should absolutely be part of [the review]," Ludlam said.

"We certainly won't preclude the review from examining any questions.

"The idea that the public interest takes a back seat to commercial interests has crept into public discourse over time. [It's] a concern."

Conroy welcomed Xenophon's input into the review process.

2 comments in this discussion

"@Tom - As a general principle, yes, but since NBN is a commercial organisation dealing with other commercial organisations, it may not be entirely reasonable to expect that we should be entitled ..."

By anonymous

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Comments: 2

Tom Brown

Mar 26, 2011 5:49 PM

Though I can see that maybe there may be a small areas of real detriment eg defence it should be noted that open communication with the NBN will enhance the value of the NBN.
Other than for nuisance requests there should be little reason to even require a FOI request, the NBN should be open about its operations, its financial affairs, its staff contracts etc.
Unfortunately there is a culture of secrets in these organisations and in governments but it does not have to be so.
As there are anti cherry picking laws being enacted there is no reason to withhold technical or financial plans and we don't want to see secret deals.

anonymous

Mar 27, 2011 7:32 PM

@Tom - As a general principle, yes, but since NBN is a commercial organisation dealing with other commercial organisations, it may not be entirely reasonable to expect that we should be entitled to rubberneck all the contract details in this area.

The usual reporting requirements applying to publicly listed companies may be a starting point for discussions about the level and kind of scrutiny that is appropriate.

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