Mr ALBANESE (Minister for Infrastructure and Transport) (4:18 PM) —It really is a bit rich for this opposition to come into this place talking about openness and transparency. This is the party that watered down freedom of information laws at every opportunity, introduced more exemptions to the FOI Act, blocked access to documents by issuing conclusive certificates and generally embraced a culture of secrecy during its 12 years in government. Indeed, one article from news.com.au, ‘Garrett’s $12K FOI bid blocked’, makes interesting reading. It says this:

It says:

As Mr Garrett said at the time:

Who was the environment minister at the time who was blocking the FOI request about climate change and its impact on the reef? The member for Wentworth!

The hypocrisy here is just absurd. The government does not support this amendment. The government is committed to a high level of transparency and accountability regarding NBN Co. activity. The establishment of a joint committee on the rollout of NBN with very wide terms of reference and a balanced membership demonstrates the government’s commitment to openness and transparency for the NBN.

The government supported the amendment to the NBN access bill in the House of Representatives to add NBN Co. as a prescribed authority under the FOI Act with an exemption for documents in relation to its commercial activities. NBN Co. is able to demonstrate that a wide range of information is likely to be accessible under the proposed FOI amendments agreed in the House. To provide additional certainty, the government supported further amendment in the Senate to establish a statutory review of NBN Co.’s FOI arrangements within 12 months of its commencement, based on the current FOI amendments originally passed in the House of Representatives.

The FOI minister will be responsible for initiating the review and will provide a report for tabling in both houses of the parliament. This review will assist to ensure that the amendments negotiated for NBN Co. have achieved the correct balance, in practice, between the pro-disclosure requirements of the FOI Act and the protection of commercially sensitive information that NBN Co. may hold. It is necessary to understand that the amendments already agreed in respect of NBN Co.’s FOI decisions regarding the commercial activities exemption will take account of current dealings they may have with third parties, as well as enabling NBN Co. to take into account any dealings which may arise in the foreseeable future. Given the importance of the NBN, and of its operating in accordance with the principles the government has set out for it, it is sensible to review these provisions to ensure that they are operating efficiently and effectively.

The fact is that the NBN Co. would face significant risks if subject to the FOI Act in full, as proposed by this amendment. Commonwealth companies like NBN Co. are set up to undertake commercial activities. NBN Co. could be placed at a commercial disadvantage in relation to its network design, construction and rollout activities if it was subject to the FOI Act in full. When NBN Co. is included in the FOI Act, it will be in a unique position as the only Commonwealth company which is also a GBE within the FOI Act. Aboriginal Hostels Limited is a company included in the act but is not a GBE. This amendment would impose unforeseen and possibly very high administrative burdens and compliance costs on NBN Co. I urge the House to reject this amendment.