The Department for Broadband, Communications and the Digital Economy has refused Tech Wired access to documents containing information regarding the National Broadband Network.
Received just yesterday was a 17-page document containing several reasons as to why the Government will not release The Panel of Experts’ Report detailing suggestions for a winning NBN tender.
You can download the 17-page report here.
Nikki Vajrabukka, Acting Assistant Secretary told Tech Wired:
“I decide that the Report is wholly exempt under section 34 and section 36 of the FOI Act and therefore it is not to be released”.
Section 34 details the release of Cabinet documents under the Freedom of Information Act. The images below shows why a Cabinet document can not be released:
Since when did the Experts’ Panel Report become a cabinet document? According to the 17-page report, it refers to letters sent out to the panel members which suggest they:
“…provide its recommendations to the Government”
The report also states a press release from Senator Conroy saying:
“…the Government is now considering the Panel of Experts’ Report”
Nikki Vajrabukka decided that “the Government” should be taken to mean “the Cabinet” and therefore a refusal to the report.
As to section 36? As the report is an internal working document described below in the image, it is also refused release.
You may note that release is granted if the document is in the public’s interest, but of course the Department denied that on the grounds that:
“…the factors against disclosure of the Report outweigh the factors in favour of disclosure of the Report. That is, disclosure would in my view be contrary to the public interest. Having regard to the contents of the Report, I have decided the Report is wholly exempt under subsection 36(1).”
It’s clear as to why the government don’t want anyone knowing what’s in the report. With journalists speculating left, right and centre, why not take an evidence based approach I thought? Though, it seems I was left with a dead parrot.
So what did we learn?
Tech Wired learned that:
“The Minister [Senator Conroy] will make the final decision on the outcomes of the RFP process following consultation with Cabinet and Cabinet agreement to any proposed legislative changes”
We also learned that the ACCC’s separate advice will be attached to the Panel of Experts’ Report as part of the NBN process and consultation with Cabinet.
As to what remains unknown is the day Senator Conroy will announce the winning tenderer, will it be CommsDay? With Kevin Rudd out of town, many say not, but if that’s the case it’ll be past Conroy’s time (stated in Hansard) of:
“By March”.
Steve Dalby, iiNet's Chief Regulatory Officer
After talks with iiNet’s Chief Regulatory Officer, Steve Dalby, iiNet has agreed to cover the costs for Tech Wired Australia to continue to pursue the Department of Broadband, Communications and the Digital Economy (DBCDE) under the Freedom of Information Act for documents it wont release before tendering, relating to the Nation’s National 4.7 billion dollar Broadband Network.
The Australian Government is refusing to release the commissioned National Broadband Network Report that suggests possible tenders for the NBN, saying that it…
“…has the potential to prejudice the outcome of the process.”
As such, the government wont be letting anyone, including the opposition, scrutinise the report. What does this mean? It means that it will allow the Department for Broadband, Communications and the Digital Economy to choose whoever they see fit as the tenderer for the National Broadband Network, without any fear of being scrutinised. Therefore Tech Wired has decided to take action… Read more
