Greens push for NBN Co FOI

The Australian Greens say they will push for NBN Co - tasked with rolling out the national broadband network - to be subject to the Freedom of Information (FOI) Act when parliament resumes.

Greens communication spokesman, Scott Ludlam, said it was unacceptable for a public enterprise investing about $27.5 billion of taxpayer's money to be exempt from FOI laws, which allow access to government-held information.

Senator Ludlam said the government's decision to exempt NBN Co from FOI laws was part of a long-term trend of gradually corporatising government services and then claiming information is commercial in confidence.

"That trend has to be rolled back, and NBN Co is the place to start," he said.

"We are supportive of the rollout of rapid telecommunications to all parts of the country but we believe maximum transparency is the best way to build public confidence in the national broadband network."

The Greens were successful in pushing through a number of amendments to Labor's draft laws, aimed at increasing transparency, in the Senate in late November when the structural separation of Telstra was passed.

Senator Ludlam will need the support of the government or the coalition to pass the amendments.

"I haven't ruled out government support yet, so the first step from our point of view is to make sure it can be done, which we're pretty confident we can do it with a private senators' bill and then we'll have the debate," he said.

"I'll be disappointed actually if the government doesn't support it."

The minor party refused to support the coalition in its calls for the NBN project to be subject to a full cost-benefit analysis and will rely on the coalition's support to pass its own amendments to put NBN Co under closer scrutiny.

Senator Ludlam said the government claimed NBN Co was exempt from FOI requests because it is an incorporated body.

But, he said, an incorporated body could be covered by the FOI Act if it was established by a minister or an incorporated company over which the federal government was in a position to exercise control.

Senator Ludlum said NBN Co clearly met both of those criteria.

Government-run corporations, including Australia Post and the ABC, were subject to FOI laws but their commercial dealings could still be protected under commercial in confidence considerations.

"We think those same tests should be applied to the NBN. I don't understand why the government has left them off," Senator Ludlam said.

Senator Ludlam says he plans to move the amendments to FOI regulations when parliament resumes in February.

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