67169 Combined documents AR.pdf

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Friday, 21 August 2020 5:00 PM
To:
Freedom of Information
Subject:
Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859
Dear Department of Industry, Innovation and Science,
This application is in regard to Question 2 of Addendum 6 of RFT No. PRI00003859:
https://www.tenders.gov.au/Atm/DownloadAddenda/0b317934-f69d-0788-f528-
4c1d80880ca4?addendaId=14561c55-93ed-0364-d1ed-
bfd67dfbb4bc&docType=Addenda&fileName=Addendum%206%20-%20PRI-00003859.pdf&location=s3Restricted
I am seeking all department correspondence that is related to this question. Please also include any document that
considers the relevant issues (e.g. legal advice).
Please feel free to remove all duplicate documents.
Please feel free to remove the identity of the person making the inquiry, however please do not remove the original
question as asked.
Please do not remove the names of any APS employees.
Kind regards,
Denis Jakota
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Is xxx@xxxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Department of Industry,
Innovation and Science? If so, please contact us using this form:
https://www.righttoknow.org.au/change_request/new?body=department_of_industry_innovation_and_science
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
1
Page 1 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Freedom of Information
Sent:
Monday, 24 August 2020 3:15 PM
To:
'Denis Jakota'
Cc:
Freedom of Information
Subject:
RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859
[SEC=OFFICIAL]
Dear Denis
I refer to your FOI request below.
The link you have provided opens to a log on screen, we are not able to see which document you are referring to.
Could you please provide more information or the document with question 2 of Addendum 6 of RFT No.
PRI00003859 to make sure we are searching the correct documents.
Until clarification is received, the department is unable to process your request and your request will be placed on
hold until further notice.
Regards
Sasha
FOI Team
Legal, Audit and Assurance | Corporate & Digital GPO Box 2013, Canberra ACT 2601
Department of Industry, Science, Energy and Resources | www.industry.gov.au
Supporting economic growth and job creation for all Australians
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of
this communication is strictly prohibited. If you have received this transmission in error, please notify me
immediately by telephone and delete copies of this transmission together with any attachments.
OFFICIAL
-----Original Message-----
From: Denis Jakota [mailto:xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx]
Sent: Friday, 21 August 2020 5:00 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859
Dear Department of Industry, Innovation and Science,
This application is in regard to Question 2 of Addendum 6 of RFT No. PRI00003859:
1
Page 2 of 64

RELEASED UNDER THE FOI ACT - DISER
https://www.tenders.gov.au/Atm/DownloadAddenda/0b317934-f69d-0788-f528-
4c1d80880ca4?addendaId=14561c55-93ed-0364-d1ed-
bfd67dfbb4bc&docType=Addenda&fileName=Addendum%206%20-%20PRI-00003859.pdf&location=s3Restricted
I am seeking all department correspondence that is related to this question. Please also include any document that
considers the relevant issues (e.g. legal advice).
Please feel free to remove all duplicate documents.
Please feel free to remove the identity of the person making the inquiry, however please do not remove the original
question as asked.
Please do not remove the names of any APS employees.
Kind regards,
Denis Jakota
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Is xxx@xxxxxxxx.xxx.xx the wrong address for Freedom of Information requests to Department of Industry,
Innovation and Science? If so, please contact us using this form:
https://www.righttoknow.org.au/change_request/new?body=department_of_industry_innovation_and_science
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
2
Page 3 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Microsoft Outlook
To:
Freedom of Information
Sent:
Monday, 24 August 2020 3:15 PM
Subject:
Delivered: RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No.
PRI00003859 [SEC=OFFICIAL]
Your message has been delivered to the following recipients:
Freedom of Information (xxx@xxxxxxxx.xxx.xx)
Subject: RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859 [SEC=OFFICIAL]
1
Page 4 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
xxxxxxxxxx@xxxx.xxx.xxxx.xxx.xx
To:
'Denis Jakota'
Sent:
Monday, 24 August 2020 3:15 PM
Subject:
Relayed: RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No.
PRI00003859 [SEC=OFFICIAL]
Delivery to these recipients or groups is complete, but no delivery notification was sent by
the destination server:
'Denis Jakota'
Subject: RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859 [SEC=OFFICIAL]
1
Page 5 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Monday, 24 August 2020 3:43 PM
To:
Freedom of Information
Subject:
RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859
[SEC=OFFICIAL]
Dear Sasha,
I believe this direct link should work:
https://s3-ap-southeast-
2.amazonaws.com/restricted.files.www.tenders.gov.au/Addenda/pri_00003859/Addendum%206%20-%20PRI-
00003859.pdf?X-Amz-Expires=300&x-amz-security-
token=IQoJb3JpZ2luX2VjELX%2F%2F%2F%2F%2F%2F%2F%2F%2F%2FwEaDmFwLXNvdXRoZWFzdC0yIkcwRQIhAIsiIZ
3H49uQ%2F26kvpdv7CIhwVyxFMrUN95ZBi5O9r%2B1AiAu46vgwNdU1Aj49vk1aTcqvE6De7uHI7XdGhA0ECsxRyrHAw
ie%2F%2F%2F%2F%2F%2F%2F%2F%2F%2F8BEAAaDDUzNzU4NTA4NTk2NyIM9nNjs3AcZI2TJPDHKpsDWOt%2Fvkt%2
F%2FnQVQKO2dGnsjzzElU0jCTU4t1DslQXGbvJ2HimEnDSqIOD7H%2FwKLG6BMgqLCaEGwJ0Msww5epu5nCCUy%2Fz
HVqoQPtc8ngfaOfZXi3UiZywLysvCndyxRBL36udD1wKsUDdoZAjLJuXX%2Fl8zmGjSI%2B7JtimtdEBJoN7ewrEtoMYdcxv
CcXP3h4PJgdUvaDABdgXpz%2FeEpnfz%2FhF7ioq4YaT7zAWPzWsXLb%2Flrnyclw6fI%2FbBQBAGqlmQ%2FSmI agKZY
bN81G6YnhaI7cqYU8j3kTkNgJPXtGjNvfMjFh1TDvUhPk%2BnDwG%2BSJ2%2BswDxb3iB9PQ%2B%2Bm4K1rn6FeI80i2
e9t2kLPx4SVjADePQnGNKWBxY%2BTOErkTTPxNJRullCRA%2BwvfPQn%2BRiY2r1aZyZcsJD4iOQ4L%2BlxkT9yKCGk4Kq
5YMm8CFqZxPtrAu3V8%2BybODKLgHjAZ7RRzq1nfJ9wdgt4Q%2BJ%2BbyyCcTRhFG%2BN9%2B2WI6kUQhzUjRP4YPV
RCA7JY1c23EHxSGGhdR6dK%2Fm%2BThe8m1%2B1FMJ%2BMjfoFOusBXFDORWBuz0upWIQfBgkNToJ6kUFprO4p0n
M%2Flu5LsqI55LZTYXkULrFtnN7yDa3h%2F54%2BtfgBqYbsmUfpc5RMrMircMBgDrMWpK9dt%2BR7TzI6ZSYwvJ9AWz
scF41olNBRimPwnirW8lp9GVnhQmw7LCx1piRMMfIBvo8hjp9GotsW5UyMIFSb0H2KhnDv20pIzIsPr7w3LqAkhyszPDQ
Xdm0PZer901mx%2FIGj4c%2FTkrM6tKnVm3tGtGczdKIiUkEtGIAoZIFNmncbk6xNz7PLrNhVXSXfL8jxyE3VKSPWvzjXrf5
EdKpE%2FVpn1g%3D%3D&X-Amz-Algorithm=AWS4-HMAC-SHA256&X-Amz-
Credential=ASIAX2KURNYHYCXE4WJ3/20200824/ap-southeast-2/s3/aws4_request&X-Amz-
Date=20200824T053617Z&X-Amz-SignedHeaders=host;x-amz-security-token&X-Amz-
Signature=cc3c09641bc53018a306f92e23857f6c3e8e4df3de577a18a4632efa0dbc40e2
In case the above link does not work for you, I have pasted the text content of the document below my signature
below.
Kind regards,
Denis Jakota
============
REQUEST FOR TENDER (RFT) NO. PRI00003859 Regional Incubator Facilitators ADDENDUM NUMBER 6
Questions and Answers
As at 1 February 2018
Question 1.
Is an Incorporated Not For Profit, which has Annual Audits, eligible under the entry criteria? Could a Not For Profit
with annual Auditing be considered as an applicant under this application process or is it strictly for a Registered
Company with a ACN?
1
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RELEASED UNDER THE FOI ACT - DISER
Answer 1.
For the avoidance of doubt, to be a successful tenderer you must be, or must become, a company incorporated
under the Corporations Act 2001 (the Act) with an Australian Company Number.
It is not sufficient to be, or to become, an entity incorporated under another piece of legislation or to be registered
under the Act as a registered Australian body with an Australian Registered Body Number.
The department cannot provide advice on your eligibility for being incorporated under the Act. You should contact
ASIC if you require any further information on becoming company incorporated under the Act.
Question 2.
If an applicant has or is employed or subcontracted with a Business Incubator would that Incubator still be eligible to
apply for Regional Incubator funding?
Answer 2.
To be eligible to participate in the Regional Incubator Facilitator request for tender, all tenderers must meet the
conditions of participation. These conditions do not preclude companies from tendering where they have received
or intend to apply for the Incubator Support Initiative.
If a company was successful in the tender process for the Regional Incubator Facilitator role this would also not
preclude the company from applying for the Incubator Support initiative.
-- Page 2 --
Eligibility of applications under the Incubator Support initiative is determined at the time of application in line with
the eligibility criteria outlined in the Programme Guidelines available on business.gov.au.
If a company that is an incubator or provides incubator services was successful in the tender process, the company
would need to ensure that the individual fulfilling the Regional Incubator Facilitator services:
• did not complete any work for the incubator, for example, but not limited to, delivery of programs and services,
promotion of the incubator’s services; • is engaged solely to conduct Regional Incubator Facilitator services; • and
there is a clear and visible separation between the Regional Incubator Facilitator and the incubator.
In addition, the Regional Incubator Facilitator would not be able to provide assistance to the incubator or review it’s
applications in relation to the Incubator Support initiative. A different Regional Incubator Facilitator would be
allocated to conduct these activities.
It is also noted that successful tenderers need to ensure compliance with the contract clauses, including those
related to confidentiality and conflict of interest, and this would continue to apply in the described situation.
-----Original Message-----
Dear Denis
I refer to your FOI request below.
The link you have provided opens to a log on screen, we are not able to see which document you are referring to.
Could you please provide more information or the document with question 2 of Addendum 6 of RFT No.
PRI00003859 to make sure we are searching the correct documents.
Until clarification is received, the department is unable to process your request and your request will be placed on
hold until further notice.
2
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RELEASED UNDER THE FOI ACT - DISER
Regards
Sasha
FOI Team
Legal, Audit and Assurance | Corporate & Digital GPO Box 2013, Canberra ACT 2601
Department of Industry, Science, Energy and Resources | www.industry.gov.au
Supporting economic growth and job creation for all Australians
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of
this communication is strictly prohibited. If you have received this transmission in error, please notify me
immediately by telephone and delete copies of this transmission together with any attachments.
OFFICIAL
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
3
Page 8 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Freedom of Information
Sent:
Wednesday, 9 September 2020 1:58 PM
To:
Greenwood, Emma
Cc:
Freedom of Information; s47F
Subject:
New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Attachments:
RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859
[SEC=OFFICIAL]; Freedom of Information request - Question 2 of Addendum 6 of RFT No.
PRI00003859
Dear Emma
New FOI request
The department has received the attached email correspondence from Denis Jakota.
Mr Jakota has requested access under the Freedom of Information Act 1982 (FOI Act) to All correspondence relating
to Question 2 of Addendum 6 of RFT No. PRI00003859.
Please find the attached correspondence for details.
I understand you are the Head of the Division most likely to hold the majority of the documents the subject of the
FOI request (please let us know as soon as possible if this is not the case).
Could you please nominate a decision maker at the General Manager level, or above, at your earliest convenience
but no later than Friday 11 September 2020.
Once the decision maker for this request is established, the FOI team will coordinate with the nominated Branch to
begin the FOI process.
Should you have any queries or wish to discuss this matter please do not hesitate to contact me. My extension is
68423.
Kind regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
℡ (02) 6102 8423 | s47F
____________________________________________
Department of Industry, Science, Energy and Resources
Level 11, Industry House, Canberra City ACT 2600
GPO Box 2013, Canberra ACT 2601
www.industry.gov.au
ABN 74 599 608 295
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally
privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone
and delete copies of this transmission together with any attachments.
OFFICIAL
1
Page 9 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Greenwood, Emma
Sent:
Wednesday, 9 September 2020 4:01 PM
To:
Freedom of Information; Greenwood, Emma
Cc:
s47F
Subject:
RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Hi Sasha,
Thank you for your email.
Andrew Lewis will be the decision maker.
Thanks,
s47F
s47F
Executive Assistant to Emma Greenwood
AusIndustry - Support for Business
s47F


OFFICIAL
From: Freedom of Information
Sent: Wednesday, 9 September 2020 1:58 PM
To: Greenwood, Emma
Cc: Freedom of Information ; s47F

Subject: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Dear Emma
New FOI request
The department has received the attached email correspondence from Denis Jakota.
Mr Jakota has requested access under the Freedom of Information Act 1982 (FOI Act) to All correspondence relating
to Question 2 of Addendum 6 of RFT No. PRI00003859.
Please find the attached correspondence for details.
I understand you are the Head of the Division most likely to hold the majority of the documents the subject of the
FOI request (please let us know as soon as possible if this is not the case).
Could you please nominate a decision maker at the General Manager level, or above, at your earliest convenience
but no later than Friday 11 September 2020.
Once the decision maker for this request is established, the FOI team will coordinate with the nominated Branch to
begin the FOI process.
1
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RELEASED UNDER THE FOI ACT - DISER
Should you have any queries or wish to discuss this matter please do not hesitate to contact me. My extension is
68423.
Kind regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
s47F
℡ (02) 6102 8423
____________________________________________
Department of Industry, Science, Energy and Resources
Level 11, Industry House, Canberra City ACT 2600
GPO Box 2013, Canberra ACT 2601
www.industry.gov.au
ABN 74 599 608 295
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally
privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone
and delete copies of this transmission together with any attachments.
OFFICIAL
2
Page 15 of 64

RELEASED UNDER THE FOI ACT - DISER
Name of applicant: Denis Jakota – LEX 66859
Scope of request:
All correspondence relating to Question 2 of Addendum 6 of RFT No. PRI00003859.
PART 1 – Search for documents
To comply with the FOI Act, a thorough search for all relevant documents in the possession of the
department must be undertaken. Please complete the following checklist to confirm that you have
undertaken the necessary searches.
What is a document?
The definition of ‘document’ in the FOI Act is very broad and captures a wide range of material as set out
below:
a) any of, or any part of any of, the following things:
i.
any paper or other material on which there is writing;
ii.
a map, plan, drawing or photograph;
iii.
any paper or other material on which there are marks, figures, symbols or perforations
having a meaning for persons qualified to interpret them;
iv.
any article or material from which sounds, images or writings are capable of being
reproduced with or without the aid of any other article or device;
v.
any article on which information has been stored or recorded, either mechanical y or
electronical y;
vi.
any other record of information; or
b) any copy, reproduction or duplicate of such a thing; or
c) any part of such a copy, reproduction or duplicate;
The definition of a ‘document’ does not include material maintained for reference purposes that is
otherwise publicly available or Cabinet notebooks.
Creating a document
Section 17 of the FOI Act provides that in instances where it appears from the request that the applicant is
seeking information that is not available in discrete form in written documents of the agency, and the
agency could produce a written document containing the information in discrete form by the use of a
computer or other equipment ordinarily available to the agency, the agency shal  deal with the request as
if it were a request of access to a written document so produced and containing that information.
An agency is not, however, required to produce such a document if it would substantially and
unreasonably divert the resources of the agency from its other operations.
It is up to the line area and decision maker to determine if a document can be created, and if it can,
to determine if it is a reasonable request to do so.
Searches
Completed
1. Files and all other paper records including, but not limited to, documents:


 in filing cabinets;
 held by Records Management Unit or archived;

 in desk drawers;
 in bookshelves and cupboards;
Page 16 of 64

RELEASED UNDER THE FOI ACT - DISER
 in safes; and
 in personal folders and diaries.
2. All electronic records including, but not limited to, the following:

 emails;
 shared computer drives;
 voice mail messages;
 electronic storage devices (i.e. USBs; CDs/DVDs); and
 information stored on databases.
3. Any other necessary searches (please specify)

……………………………………………………………………………........................................
……………………………………………………………………………………...............................
……………………………………………………………………………………...............................
4. Additional Comments (if any)


If your searches produced no documents you are required to provide an explanation below.
………………………………………………………………………...........................................
……………………………………………………………………………………...............................
……………………………………………………………………………………...............................
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RELEASED UNDER THE FOI ACT - DISER
PART 2 – Estimate of the number of documents and sensitivities
You must provide estimates in the below table where highlighted in yellow:
Number of relevant files
No. of files
e.g. 2 paper files and 5 electronic files/folders = 7 files
Total number of pages within the scope of the request
No. of pages
Note: 1 page that is double sided = 2 pages
Number of documents
You must include material you think may be exempt in this
No. of documents
estimate.
Estimate of number of pages which are sensitive
This means the pages which in your view are sensitive (i.e. you
can envisage a harm that may flow from release of the pages) and
No. of pages
which the FOI Team should review for consideration of whether
they are exempt under the FOI Act and should be deleted in full.
Estimate of number of pages containing sensitivities
This means the pages which in your view contain sensitivities (i.e.
you can envisage a harm that may flow from release of some
information contained on these pages) and which you would like
No. of pages
the FOI Team to review for consideration of whether they contain
information which is exempt under the FOI Act and should be
deleted prior to release but with remaining portions released.
Total number of third parties to be consulted
A third party is any individual, business, organisation or State
department, agency or body whose information is contained in
the documents and whose views will need to be sought as to
No. of third parties
possible release of their information under the FOI request. Note
that other Commonwealth agencies are specifical y excluded from
this definition.
Total time taken to complete the search by line area staff
The total amount of time taken by all relevant staff to execute
In hours, eg. 2.75
searches, retrieve documents, and compile information to be
provided to the FOI team.
SES:
The department is required to report quarterly and annual
statistics relating to its processing of requests under the FOI Act to  APS 6 to EL 2:
the Office of the Australian Information Commissioner. Part of this
is to report on the total expenditure for processing of FOI
APS 1 to APS 5:
requests.
I certify that I have undertaken, or caused to be undertaken, all reasonable searches (including the
searches listed in Part 1 above).
I also certify that the information provided in Part 2 above is an appropriate and accurate estimate to the
best of my knowledge.
____________________________

____________________________
Signature
Print name
____________________________

____________________________
Position
Branch/Group
Date: __________________
UPON COMPLETION, PLEASE RETURN TO: xxx@xxxxxxxx.xxx.xx
Page 18 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Freedom of Information
Sent:
Wednesday, 9 September 2020 5:40 PM
To:
Lewis, Andrew
Cc:
Freedom of Information
Subject:
New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Attachments:
LEX 66859 - FOI - Search minute.docx; RE: Freedom of Information request - Question 2
of Addendum 6 of RFT No. PRI00003859 [SEC=OFFICIAL]; Freedom of Information
request - Question 2 of Addendum 6 of RFT No. PRI00003859
Dear Andrew
New FOI request
The department has received the attached email correspondence from Denis Jakota.
Mr Jakota has requested access under the Freedom of Information Act 1982 (FOI Act) to all correspondence relating
to Question 2 of Addendum 6 of RFT No. PRI00003859..
Please find the attached correspondence for details.
You have been nominated as the decision maker for this request. Could you please nominate a contact officer to
liaise with the FOI team during the process.
For Your Action
Please consider this request and provide the FOI team the following at your earliest convenience but no later than
Wednesday 16 September 2020:
 all relevant documents that fall within the scope of the request (with sensitivities marked); and
 a signed completed 'Search Minute’ (attached).
If you are of the view that additional time will be required to retrieve the documents, please contact the FOI Team
as soon as possible so that the processing of this request within the statutory timeframe may be managed.
Should you have any queries or wish to discuss this matter please do not hesitate to contact the FOI team on Ext
68423.
Kind regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
℡ (02) 6102 8423 | s47F
____________________________________________
Department of Industry, Science, Energy and Resources
Level 11, Industry House, Canberra City ACT 2600
GPO Box 2013, Canberra ACT 2601
www.industry.gov.au
ABN 74 599 608 295
1
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RELEASED UNDER THE FOI ACT - DISER
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally
privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone
and delete copies of this transmission together with any attachments.
OFFICIAL
2
Page 20 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Lewis, Andrew
Sent:
Thursday, 10 September 2020 9:24 AM
To:
Freedom of Information
Cc:
s47F
Incubator Support Programme Management
Subject:
RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Thanks Sasha
s47F
will be the contact officer.
Andrew Lewis | A/g General Manager
Entrepreneurs’ Programme
Strengthen, Grow. Innovate. Commercialise
Entrepreneurs’ Programme Branch
AusIndustry – Support for Business
s47F

Department of Industry, Science, Energy and Resources | www.business.gov.au
OFFICIAL
From: Freedom of Information
Sent: Wednesday, 9 September 2020 5:40 PM
To: Lewis, Andrew
Cc: Freedom of Information
Subject: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Dear Andrew
New FOI request
The department has received the attached email correspondence from Denis Jakota.
Mr Jakota has requested access under the Freedom of Information Act 1982 (FOI Act) to all correspondence relating
to Question 2 of Addendum 6 of RFT No. PRI00003859..
Please find the attached correspondence for details.
You have been nominated as the decision maker for this request. Could you please nominate a contact officer to
liaise with the FOI team during the process.
1
Page 28 of 64

RELEASED UNDER THE FOI ACT - DISER
For Your Action
Please consider this request and provide the FOI team the following at your earliest convenience but no later than
Wednesday 16 September 2020:
 all relevant documents that fall within the scope of the request (with sensitivities marked); and
 a signed completed 'Search Minute’ (attached).
If you are of the view that additional time will be required to retrieve the documents, please contact the FOI Team
as soon as possible so that the processing of this request within the statutory timeframe may be managed.
Should you have any queries or wish to discuss this matter please do not hesitate to contact the FOI team on Ext
68423.
Kind regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
℡ (02) 6102 8423 | s47F
____________________________________________
Department of Industry, Science, Energy and Resources
Level 11, Industry House, Canberra City ACT 2600
GPO Box 2013, Canberra ACT 2601
www.industry.gov.au
ABN 74 599 608 295
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally
privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone
and delete copies of this transmission together with any attachments.
OFFICIAL
2
Page 29 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Incubator Support Programme Management
Sent:
Wednesday, 16 September 2020 1:31 PM
To:
Pesic, Sasha
Cc:
Incubator Support Programme Management
Subject:
RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Sasha
Hi Sasha – I’m just realising that I did not receive the scoping minute for this request, as it went straight to Andrew
Are you able to resend to me please? And, are you somewhat flexible on the due date for this one? We have cleared
four requests back to the FOI team this morning and a day or two would be welcome.
Cheers,

s47F
OFFICIAL
From: Lewis, Andrew
Sent: Thursday, 10 September 2020 9:24 AM
To: Freedom of Information
Cc: s47F
Incubator Support Programme Management
Subject: RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Thanks Sasha
s47F
will be the contact officer.
Andrew Lewis | A/g General Manager
Entrepreneurs’ Programme
Strengthen, Grow. Innovate. Commercialise
Entrepreneurs’ Programme Branch
AusIndustry – Support for Business
s47F

Department of Industry, Science, Energy and Resources | www.business.gov.au
OFFICIAL
From: Freedom of Information
Sent: Wednesday, 9 September 2020 5:40 PM
To: Lewis, Andrew <s47F
>
1
Page 30 of 64

RELEASED UNDER THE FOI ACT - DISER
Cc: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Dear Andrew
New FOI request
The department has received the attached email correspondence from Denis Jakota.
Mr Jakota has requested access under the Freedom of Information Act 1982 (FOI Act) to all correspondence relating
to Question 2 of Addendum 6 of RFT No. PRI00003859..
Please find the attached correspondence for details.
You have been nominated as the decision maker for this request. Could you please nominate a contact officer to
liaise with the FOI team during the process.
For Your Action
Please consider this request and provide the FOI team the following at your earliest convenience but no later than
Wednesday 16 September 2020:
 all relevant documents that fall within the scope of the request (with sensitivities marked); and
 a signed completed 'Search Minute’ (attached).
If you are of the view that additional time will be required to retrieve the documents, please contact the FOI Team
as soon as possible so that the processing of this request within the statutory timeframe may be managed.
Should you have any queries or wish to discuss this matter please do not hesitate to contact the FOI team on Ext
68423.
Kind regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
℡ (02) 6102 8423 |  s47F
____________________________________________
Department of Industry, Science, Energy and Resources
Level 11, Industry House, Canberra City ACT 2600
GPO Box 2013, Canberra ACT 2601
www.industry.gov.au
ABN 74 599 608 295
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally
privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone
and delete copies of this transmission together with any attachments.
OFFICIAL
2
Page 31 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
s47F
Sent:
Thursday, 17 September 2020 1:12 PM
To:
Pesic, Sasha
Cc:
Incubator Support Programme Management; s47F
Subject:
FW: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Attachments:
question re Regional Incubator Facilitators; Qu regarding Tender PRI00003859; Addendum
RIF Procurement 6.doc
Hi Sasha
Thanks for your time on the phone, as mentioned I’m searching for legal advice mentioned in the below email.
Legal advice would have been requested 30 or 31 January 2018 and advice sent by Legal on 31 Jan 2018 to s47F
or ISIFacilitator inbox. Regarding Regional Incubator Facilitators tender question.
Thanks
s47F
OFFICIAL:Sensitive
From: s47F

Sent: Wednesday, 31 January 2018 11:35 AM
To: s47F

Cc: ISIFacilitator
Subject: Addendum number 6! [SEC=UNCLASSIFIED]
Hi s47F
Sixth addendum for review at this link. I’ve attached the original emails (and the legal advice for the first question)
as well.
For the incubator employing RIF question there is a section highlighted in yellow which I’m undecided if we need in
or not. Let me know what you think.
I was thinking that we should wait to see if any other questions come in today before sending this one off to
Procurement for publishing so we can just add to it as needed. That ok with you?
Cheers,
s47F
1
Page 32 of 64

RELEASED UNDER THE FOI ACT - DISER
s47F

A/g Assistant Manager
Accelerating Commercialisation Strategy
AusIndustry – Innovation Programmes
s47F

Internet: business.gov.au
Department of Industry, Innovation and Science
Level 5, 341 George St, Sydney NSW 2000
GPO Box 2013, Canberra ACT 2601
ABN 74 599 608 295
UNCLASSIFIED
2
Page 33 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
s47F
Sent:
Thursday, 17 September 2020 2:22 PM
To:
Pesic, Sasha
Subject:
Incubator advice [SEC=OFFICIAL:Sensitive, ACCESS=Legal-Privilege]
Attachments:
Request for advice - Incubator Support initiative [DLM=Sensitive:Legal]
Hi Sasha,
As discussed, I can’t find the absolute final advice that s47F  sent to s47F  but this is pretty close.
Let me know if you need anything else!

s
4

Administrative Officer
Legal, Audit and Assurance Branch
Corporate and Digital Division
s47F
--------------------------------------------------------------------------------------------
Department of Industry, Science, Energy and Resources | www.industry.gov.au
This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the
intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you have received this transmission
in error, please notify me immediately by telephone and delete copies of this transmission together with any attachments.
OFFICIAL:Sensitive
Legal privilege
1
Page 34 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
s47F
Sent:
Thursday, 17 September 2020 2:23 PM
To:
Pesic, Sasha
Subject:
RE: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Hi Sasha
Sorry, that’s all I have to go on.
s47
F
OFFICIAL:Sensitive
From: Pesic, Sasha
Sent: Thursday, 17 September 2020 1:50 PM
To: s47F

Subject: RE: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Thanks s47
F
Do you have a LEX number or a TRIM, Content Manager ref number? Will make the search easier and quicker if you
do.
Cheers
Sasha
OFFICIAL:Sensitive
From: s47F

Sent: Thursday, 17 September 2020 1:12 PM
To: Pesic, Sasha <s47F
>
Cc: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>;
Js47F
>
Subject: FW: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Hi Sasha
Thanks for your time on the phone, as mentioned I’m searching for legal advice mentioned in the below email.
Legal advice would have been requested 30 or 31 January 2018 and advice sent by Legal on 31 Jan 2018 to s47F
s47F  or ISIFacilitator inbox. Regarding Regional Incubator Facilitators tender question.
Thanks
s47
F
OFFICIAL:Sensitive
From: s47F

Sent: Wednesday, 31 January 2018 11:35 AM
To: s47F
@industry.gov.au>
Cc: ISIFacilitator <xxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: Addendum number 6! [SEC=UNCLASSIFIED]
1
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RELEASED UNDER THE FOI ACT - DISER
Hi s47F
Sixth addendum for review at this link. I’ve attached the original emails (and the legal advice for the first question)
as well.
For the incubator employing RIF question there is a section highlighted in yellow which I’m undecided if we need in
or not. Let me know what you think.
I was thinking that we should wait to see if any other questions come in today before sending this one off to
Procurement for publishing so we can just add to it as needed. That ok with you?
Cheers,
s47F
s47F

A/g Assistant Manager
Accelerating Commercialisation Strategy
AusIndustry – Innovation Programmes
Ps47F

Internet: business.gov.au
Department of Industry, Innovation and Science
Level 5, 341 George St, Sydney NSW 2000
GPO Box 2013, Canberra ACT 2601
ABN 74 599 608 295
UNCLASSIFIED
2
Page 36 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
s47F
Sent:
Thursday, 17 September 2020 2:29 PM
To:
Pesic, Sasha
Subject:
RE: Incubator advice [SEC=OFFICIAL:Sensitive, ACCESS=Legal-Privilege]
Oh yes, if it helps them, the LEX was 60543.

s
4
s47F

Administrative Officer
Legal, Audit and Assurance Branch
OFFICIAL:Sensitive
Legal privilege
From: Pesic, Sasha
Sent: Thursday, 17 September 2020 2:27 PM
To: s47F
l
Subject: RE: Incubator advice [SEC=OFFICIAL:Sensitive, ACCESS=Legal-Privilege]
Thanks s47F
Will pass that on, might have to advise that we cannot locate the document and see if the line area has more luck
with it.
Cheers
Sasha
OFFICIAL:Sensitive
Legal privilege
From: s47F

Sent: Thursday, 17 September 2020 2:22 PM
To: Pesic, Sasha s47F

Subject: Incubator advice [SEC=OFFICIAL:Sensitive, ACCESS=Legal-Privilege]
Hi Sasha,
As discussed, I can’t find the absolute final advice that s47F  sent to s47F  but this is pretty close.
Let me know if you need anything else!

s
4
s47F

Administrative Officer
Legal, Audit and Assurance Branch
Corporate and Digital Division
s47F
--------------------------------------------------------------------------------------------
Department of Industry, Science, Energy and Resources | www.industry.gov.au
This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the
intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you have received this transmission
in error, please notify me immediately by telephone and delete copies of this transmission together with any attachments.
1
Page 37 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
s47F
Sent:
Thursday, 17 September 2020 3:10 PM
To:
Pesic, Sasha
Cc:
s47F
Incubator Support Programme Management
Subject:
RE: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Hi Sasha
Thanks for that. I’ve had a read through and looks like that was answering a different question.
The question was:
“if an applicant has or is employment or subcontract with a Business Incubator would that Incubator still be eligible
to apply for Regional Incubator funding?”
It seems there must have been a few request to legal at the same time on the tender. Do you think they could have
a look for any advice to do with this question?
Thanks
s47
F
OFFICIAL:Sensitive
From: Pesic, Sasha
Sent: Thursday, 17 September 2020 2:26 PM
To: s47F

Subject: RE: Addendum number 6! [SEC=OFFICIAL:Sensitive]
No worries, they have located the attached email (well email in the attached email), but again no actual attached
legal advice, but provides more details in the body of the emails.
OFFICIAL:Sensitive
From: s47F

Sent: Thursday, 17 September 2020 2:23 PM
To: Pesic, Sasha s47F
>
Subject: RE: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Hi Sasha
Sorry, that’s all I have to go on.
s47
F
OFFICIAL:Sensitive
From: Pesic, Sasha
Sent: Thursday, 17 September 2020 1:50 PM
To: s47F
@industry.gov.au>
Subject: RE: Addendum number 6! [SEC=OFFICIAL:Sensitive]
1
Page 38 of 64

RELEASED UNDER THE FOI ACT - DISER
Thanks s47
F
Do you have a LEX number or a TRIM, Content Manager ref number? Will make the search easier and quicker if you
do.
Cheers
Sasha
OFFICIAL:Sensitive
From: s47F

Sent: Thursday, 17 September 2020 1:12 PM
To: Pesic, Sasha <s47F
>
Cc: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>;
s47F
>
Subject: FW: Addendum number 6! [SEC=OFFICIAL:Sensitive]
Hi Sasha
Thanks for your time on the phone, as mentioned I’m searching for legal advice mentioned in the below email.
Legal advice would have been requested 30 or 31 January 2018 and advice sent by Legal on 31 Jan 2018 to s47F
s47F  or ISIFacilitator inbox. Regarding Regional Incubator Facilitators tender question.
Thanks
s47
F
OFFICIAL:Sensitive
From: s47F

Sent: Wednesday, 31 January 2018 11:35 AM
To: s47F

Cc: ISIFacilitator <xxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: Addendum number 6! [SEC=UNCLASSIFIED]
Hi s47 ,
F
Sixth addendum for review at this link. I’ve attached the original emails (and the legal advice for the first question)
as well.
For the incubator employing RIF question there is a section highlighted in yellow which I’m undecided if we need in
or not. Let me know what you think.
I was thinking that we should wait to see if any other questions come in today before sending this one off to
Procurement for publishing so we can just add to it as needed. That ok with you?
Cheers,
s47F
2
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RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
s47F
Sent:
Thursday, 24 September 2020 9:39 AM
To:
Freedom of Information
Cc:
Incubator Support Programme Management
Subject:
FW: for GM approval            66859 Draft Search Minute FOI Request - Denis Jakota
[SEC=OFFICIAL:Sensitive]
Attachments:
66859.pdf
Signed search minute attached.
s4
7F
OFFICIAL:Sensitive
From: Lewis, Andrew
Sent: Thursday, 24 September 2020 9:16 AM
To: s47F

Subject: RE: for GM approval 66859 Draft Search Minute FOI Request - Denis Jakota [SEC=OFFICIAL:Sensitive]
OFFICIAL:Sensitive
From: s47F

Sent: Tuesday, 22 September 2020 4:12 PM
To: Lewis, Andrew <s47F

Cc: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: FW: for GM approval 66859 Draft Search Minute FOI Request - Denis Jakota [SEC=OFFICIAL:Sensitive]
Importance: High
Andrew, search minute attached for your review and signature, documents attached are FYI (not redacted and will
not be provided yet) which respond to FOI which sought:
All correspondence relating to Question 2 of Addendum 6 of RFT No. PRI00003859.
FYI – this addendum was in relation to a question during the original tender process for the RIFs in 2018.
As always, due today.
s4
7F
OFFICIAL:Sensitive
From: Incubator Support Programme Management
Sent: Tuesday, 22 September 2020 10:05 AM
To: s47F
industry.gov.au>
Cc: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>;
s47F
@industry.gov.au>
1
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RELEASED UNDER THE FOI ACT - DISER
Subject: FW: for GM approval 66859 Draft Search Minute FOI Request - Denis Jakota [SEC=OFFICIAL:Sensitive]
Importance: High
Hi s4
7F
Drawing your attention back to this one – which is with regard to a procurement question. The draft search minute
needs to be signed by Andrew, and is due. Sasha would like us to get it to him today.
I have reviewed and believe the identified attached documents are what the department holds in relation to this
request, and that the scoping minute is correct.
Kind regards
s4
7F
OFFICIAL:Sensitive
From: s47F

Sent: Saturday, 19 September 2020 5:37 PM
To: s47F
@industry.gov.au>; s47F
@industry.gov.au>
Cc: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: 66859 Draft Search Minute FOI Request - Denis Jakota [SEC=OFFICIAL:Sensitive]
Hi s47F

Please see attached the draft search minute for FOI request 66859. I have also attached the relevant documents
(not marked up, these have not been consider for redaction yet).
Having re-read the correspondence, the legal advice mentioned in the email of 31/1/2018 actually pertains to the
first question in the addendum and this is mentioned in the email.
This search minute is due to the FOI on Monday 21 September.
Thanks
s47
F
OFFICIAL:Sensitive
From: Pesic, Sasha
Sent: Wednesday, 16 September 2020 3:51 PM
To: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
HI s47
F
See attached.
OFFICIAL
From: Incubator Support Programme Management
Sent: Wednesday, 16 September 2020 3:43 PM
To: Pesic, Sasha s47F
>; Incubator Support Programme Management
<xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Hi Sasha
2
Page 42 of 64

RELEASED UNDER THE FOI ACT - DISER
Can you please send us the original FOI email request as well, we don’t seem to have it.
Thanks
s47
F
OFFICIAL
From: Pesic, Sasha
Sent: Wednesday, 16 September 2020 1:36 PM
To: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Hi s4
7F
Search minute attached, let’s make it Monday 21 September 2020. And if you need more time just let me know by
Monday.
Cheers
Sasha
OFFICIAL
From: Incubator Support Programme Management
Sent: Wednesday, 16 September 2020 1:31 PM
To: Pesic, Sasha <s47F

Cc: Incubator Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Sasha
Hi Sasha – I’m just realising that I did not receive the scoping minute for this request, as it went straight to Andrew
Are you able to resend to me please? And, are you somewhat flexible on the due date for this one? We have cleared
four requests back to the FOI team this morning and a day or two would be welcome.
Cheers, s4
7F
OFFICIAL
From: Lewis, Andrew
Sent: Thursday, 10 September 2020 9:24 AM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Cc: s47F
@industry.gov.au>; s47F
@industry.gov.au>; Incubator
Support Programme Management <xxxxxxxxxxxxxxxx.xxxxxxxxxxxxxxxxxxx@xxxxxxxx.xxx.xx>
Subject: RE: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Thanks Sasha
s47F
will be the contact officer.
Andrew Lewis | A/g General Manager
Entrepreneurs’ Programme
Strengthen, Grow. Innovate. Commercialise
3
Page 43 of 64

RELEASED UNDER THE FOI ACT - DISER
Entrepreneurs’ Programme Branch
AusIndustry – Support for Business
s47F

Department of Industry, Science, Energy and Resources | www.business.gov.au
OFFICIAL
From: Freedom of Information
Sent: Wednesday, 9 September 2020 5:40 PM
To: Lewis, Andrew <s47F

Cc: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: New FOI Request - Denis Jakota - LEX 66859 [SEC=OFFICIAL]
Dear Andrew
New FOI request
The department has received the attached email correspondence from Denis Jakota.
Mr Jakota has requested access under the Freedom of Information Act 1982 (FOI Act) to all correspondence relating
to Question 2 of Addendum 6 of RFT No. PRI00003859..
Please find the attached correspondence for details.
You have been nominated as the decision maker for this request. Could you please nominate a contact officer to
liaise with the FOI team during the process.
For Your Action
Please consider this request and provide the FOI team the following at your earliest convenience but no later than
Wednesday 16 September 2020:
 all relevant documents that fall within the scope of the request (with sensitivities marked); and
 a signed completed 'Search Minute’ (attached).
If you are of the view that additional time will be required to retrieve the documents, please contact the FOI Team
as soon as possible so that the processing of this request within the statutory timeframe may be managed.
Should you have any queries or wish to discuss this matter please do not hesitate to contact the FOI team on Ext
68423.
Kind regards
4
Page 44 of 64

RELEASED UNDER THE FOI ACT - DISER
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
℡ (02) 6102 8423 |  s47F
____________________________________________
Department of Industry, Science, Energy and Resources
Level 11, Industry House, Canberra City ACT 2600
GPO Box 2013, Canberra ACT 2601
www.industry.gov.au
ABN 74 599 608 295
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legally
privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this
communication is strictly prohibited. If you have received this transmission in error, please notify me immediately by telephone
and delete copies of this transmission together with any attachments.
OFFICIAL
5
Page 45 of 64

RELEASED UNDER THE FOI ACT - DISER
Page 46 of 64

RELEASED UNDER THE FOI ACT - DISER
Page 47 of 64

RELEASED UNDER THE FOI ACT - DISER
Page 48 of 64

RELEASED UNDER THE FOI ACT - DISER
Page 49 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Thursday, 24 September 2020 11:28 AM
To:
Freedom of Information
Subject:
RE: Freedom of Information request - Question 2 of Addendum 6 of RFT No. PRI00003859
[SEC=OFFICIAL]
Dear Freedom of Information,
In my request on 21 August, I provided extensive information to locate the relevant subject matter including the RFT
number, the addendum number and the Question number. I also included a URL to the document hosted by
AusTender (a government resource hosting department documents providing every opportunity to log on and
download the document).
While unnecessary, on 24 August I also provided the entire document content that contains the subject matter of
Question 2.
Your decision for this FOI request was due 3 days ago.
Kind regards,
Denis Jakota
-----Original Message-----
Dear Denis
I refer to your FOI request below.
The link you have provided opens to a log on screen, we are not able to see which document you are referring to.
Could you please provide more information or the document with question 2 of Addendum 6 of RFT No.
PRI00003859 to make sure we are searching the correct documents.
Until clarification is received, the department is unable to process your request and your request will be placed on
hold until further notice.
Regards
Sasha
FOI Team
Legal, Audit and Assurance | Corporate & Digital GPO Box 2013, Canberra ACT 2601
Department of Industry, Science, Energy and Resources | www.industry.gov.au
Supporting economic growth and job creation for all Australians
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of
1
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RELEASED UNDER THE FOI ACT - DISER
this communication is strictly prohibited. If you have received this transmission in error, please notify me
immediately by telephone and delete copies of this transmission together with any attachments.
OFFICIAL
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
2
Page 51 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Freedom of Information
Sent:
Saturday, 26 September 2020 2:28 PM
To:
'Denis Jakota'
Cc:
Freedom of Information
Subject:
Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Dear Denis
I refer to your FOI request of 24 August 2020 to the Department of Industry, Science, Energy and Resources (the
department) for access to correspondence relating to Question 2 of Addendum 6 of RFT No. PRI00003859.
Due to delays with the search and retrieval for the relevant documents, your request has been deemed refused, as
the department has not provided you a decision within the statutory timeframe.
Current status of your FOI request
The department still intends to issue you a decision in relation to your FOI request. I anticipate this will be by 16
October 2020
I will keep you updated as the matter progresses.
If you have any questions, please contact the FOI team.
Regards
FOI Team
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601
Department of Industry, Science, Energy and Resources | www.industry.gov.au
Supporting economic growth and job creation for al  Australians
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or legal y privileged
information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If
you have received this transmission in error, please notify me immediately by telephone and delete copies of this transmission together with
any attachments.
OFFICIAL
1
Page 52 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Microsoft Outlook
To:
Freedom of Information
Sent:
Saturday, 26 September 2020 2:28 PM
Subject:
Delivered: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Your message has been delivered to the following recipients:
Freedom of Information (xxx@xxxxxxxx.xxx.xx)
Subject: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
1
Page 53 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
xxxxxxxxxx@xxxx.xxx.xxxx.xxx.xx
To:
'Denis Jakota'
Sent:
Saturday, 26 September 2020 2:28 PM
Subject:
Relayed: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Delivery to these recipients or groups is complete, but no delivery notification was sent by
the destination server:
'Denis Jakota'
Subject: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
1
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RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Monday, 28 September 2020 11:15 AM
To:
Freedom of Information
Subject:
Re: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Dear Freedom of Information,
Please release the FOI reference number for this request.
Kind regards,
Denis Jakota
-----Original Message-----
Dear Denis
I refer to your FOI request of 24 August 2020 to the Department of  Industry, Science, Energy and Resources (the
department) for access to  correspondence relating to Question 2 of Addendum 6 of RFT No.
PRI00003859.
Due to delays with the search and retrieval for the relevant documents,  your request has been deemed refused, as
the department has not provided  you a decision within the statutory timeframe.
Current status of your FOI request
The department still intends to issue you a decision in relation to your FOI request. I anticipate this will be by 16
October 2020
I will keep you updated as the matter progresses.
If you have any questions, please contact the FOI team.
Regards
1
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RELEASED UNDER THE FOI ACT - DISER
FOI Team
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
2
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RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Monday, 28 September 2020 11:36 AM
To:
Freedom of Information
Subject:
Re: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Dear Freedom of Information,
Further to my previous inquiry and request for FOI reference number, please provide more specific advice as to why
this request has been refused.
You cited "search and retrieval" - please confirm that it was not the search but instead the retrieval, and provide the
reason as to why the documents were not able to be retrieved.
I will announce it here publicly that the document appears to have been removed from AusTender after I submitted
my request. I had provided the content of the document in full and it is established that the Department had
authored it AND that the document appears to be now unaccessible via AusTender. Therefore I can only take it that
the document was indeed located.
It appears that the same legal officers who provided obscene legal advice (whereby it is somehow possible for an
incubator employee to facilitate a grant program for incubators) at the outset of the incubator support initiative
program, and who subsequently provided misleading advice in breach of legal directives to an aggrieved ISI
applicant on two occasions, have now refused to release the documents to cover up their misconduct.
If this is not the case then reply to this correspondence and advise that it isn't so. In doing so, I will remind you of
your legal obligations under the public service act to put beyond doubt the mental element that is required under
the criminal code and if you persist in misleading the public I will report you to the Australian Federal Police.
Kind regards,
Denis Jakota
-----Original Message-----
Dear Denis
I refer to your FOI request of 24 August 2020 to the Department of  Industry, Science, Energy and Resources (the
department) for access to  correspondence relating to Question 2 of Addendum 6 of RFT No.
PRI00003859.
Due to delays with the search and retrieval for the relevant documents,  your request has been deemed refused, as
the department has not provided  you a decision within the statutory timeframe.
Current status of your FOI request
1
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RELEASED UNDER THE FOI ACT - DISER
The department still intends to issue you a decision in relation to your FOI request. I anticipate this will be by 16
October 2020
I will keep you updated as the matter progresses.
If you have any questions, please contact the FOI team.
Regards
FOI Team
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
2
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RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Monday, 28 September 2020 11:51 AM
To:
Freedom of Information
Subject:
RE: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Dear Freedom of Information,
Please also refrain from responding anonymously to this request and include your first name or at the very least
your initials.
Kind regards,
Denis Jakota
-----Original Message-----
The FOI reference number is in the subject line.
Regards
FOI Team
Legal, Audit and Assurance | Corporate & Digital GPO Box 2013, Canberra ACT 2601
Department of Industry, Science, Energy and Resources | www.industry.gov.au
Supporting economic growth and job creation for all Australians
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of
this communication is strictly prohibited. If you have received this transmission in error, please notify me
immediately by telephone and delete copies of this transmission together with any attachments.
OFFICIAL
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
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RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Freedom of Information
Sent:
Monday, 28 September 2020 12:38 PM
To:
'Denis Jakota'
Cc:
Freedom of Information
Subject:
RE: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Denis
The request has not been refused, the decision is seen as a deemed refusal on the basis we have not provided the
decision by the due date, as mentioned in my email to you the decision should be issued on or before 16 October.
The search and retrieval has taken longer than expected due to making sure we have found all the relevant
documents. We are also experiencing a high volume of requests for the same subject matter and this is putting
pressure on the relevant line area to conduct searches in a timely manner.
Happy to discuss this further over the phone if you could provide a contact number.
I cannot make comment on other matters you have raised in your email as we only process FOI request and aren’t
involved in what is happening in specific matters across the department.
Regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
____________________________________________
Department of Industry, Science, Energy and Resources Level 11, Industry House, Canberra City ACT 2600 GPO Box
2013, Canberra ACT 2601 www.industry.gov.au ABN 74 599 608 295
Legal In Confidence - This transmission is intended only for the use of the addressee and may contain confidential or
legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of
this communication is strictly prohibited. If you have received this transmission in error, please notify me
immediately by telephone and delete copies of this transmission together with any attachments.
OFFICIAL
-----Original Message-----
From: Denis Jakota [mailto:xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx]
Sent: Monday, 28 September 2020 11:36 AM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Dear Freedom of Information,
Further to my previous inquiry and request for FOI reference number, please provide more specific advice as to why
this request has been refused.
1
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RELEASED UNDER THE FOI ACT - DISER
You cited "search and retrieval" - please confirm that it was not the search but instead the retrieval, and provide the
reason as to why the documents were not able to be retrieved.
I will announce it here publicly that the document appears to have been removed from AusTender after I submitted
my request. I had provided the content of the document in full and it is established that the Department had
authored it AND that the document appears to be now unaccessible via AusTender. Therefore I can only take it that
the document was indeed located.
It appears that the same legal officers who provided obscene legal advice (whereby it is somehow possible for an
incubator employee to facilitate a grant program for incubators) at the outset of the incubator support initiative
program, and who subsequently provided misleading advice in breach of legal directives to an aggrieved ISI
applicant on two occasions, have now refused to release the documents to cover up their misconduct.
If this is not the case then reply to this correspondence and advise that it isn't so. In doing so, I will remind you of
your legal obligations under the public service act to put beyond doubt the mental element that is required under
the criminal code and if you persist in misleading the public I will report you to the Australian Federal Police.
Kind regards,
Denis Jakota
-----Original Message-----
Dear Denis
I refer to your FOI request of 24 August 2020 to the Department of  Industry, Science, Energy and Resources (the
department) for access to  correspondence relating to Question 2 of Addendum 6 of RFT No.
PRI00003859.
Due to delays with the search and retrieval for the relevant documents,  your request has been deemed refused, as
the department has not provided  you a decision within the statutory timeframe.
Current status of your FOI request
The department still intends to issue you a decision in relation to your FOI request. I anticipate this will be by 16
October 2020
I will keep you updated as the matter progresses.
If you have any questions, please contact the FOI team.
2
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RELEASED UNDER THE FOI ACT - DISER
Regards
FOI Team
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
-------------------------------------------------------------------
3
Page 62 of 64

RELEASED UNDER THE FOI ACT - DISER
Freedom of Information
From:
Denis Jakota <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Sent:
Monday, 28 September 2020 12:49 PM
To:
Freedom of Information
Subject:
RE: Deemed refusal - LEX 66859 [SEC=OFFICIAL]
Dear Sasha,
Most recent responses to this FOI request were anonymous and given that legal counsel from your branch have
meddled in similar requests with other applicants, I apprehend similar conduct in this case.
Thanks for clarifying and I'll await retrieval.
Kind regards,
Denis Jakota
-----Original Message-----
Denis
The request has not been refused, the decision is seen as a deemed refusal on the basis we have not provided the
decision by the due date, as mentioned in my email to you the decision should be issued on or before 16 October.
The search and retrieval has taken longer than expected due to making sure we have found all the relevant
documents. We are also experiencing a high volume of requests for the same subject matter and this is putting
pressure on the relevant line area to conduct searches in a timely manner.
Happy to discuss this further over the phone if you could provide a contact number.
I cannot make comment on other matters you have raised in your email as we only process FOI request and aren’t
involved in what is happening in specific matters across the department.
Regards
Sasha Pesic
Senior FOI Officer
Legal, Audit & Assurance Branch
-------------------------------------------------------------------
Please use this email address for all replies to this request:
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
This request has been made by an individual using Right to Know. This message and any reply that you make will be
published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/officers
If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's
FOI page.
1
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RELEASED UNDER THE FOI ACT - DISER
Denis Jakota - IEF20/6023 (question 2)
Denis Jakota - IEF20/6023 (question 2)
LEX ID
66859
Type of Work
Legal Work
Instructing Officer
Decision Maker: Andrew
On-going -
On-going
Lewis/Contact Officer: s47F
Completed
s47F
Estimated Costs -
0.00
Description
Denis Jakota - LEX 66859
Charges
Matter's Owner
FOI - Sasha Pesic
Start Date
21 August 2020
2C Section - Name
FOI - s47F

End Date
Group - Division -
Industry, Science, Energy and
Contract End Date
Branch
Resources - AusIndustry - Support  Access level
Unrestricted
for Business
Date created
24 August 2020
Outsourced
In-house
Last updated
30 September 2020
Outsource Reason
Matter's Owner
FOI
Section
3C Name
Status
21/08/2020, received request from applicant.
24/08/2020, clarification email sent to applicant, matter on hold until resolved.
03/09/2020, further clarification sought, on hold until resolved.
09/09/2020, email sent to HoD to establish DM, response due 11 September 2020.
09/09/2020, search minute sent, response due 16 September 2020
18/09/2020, line area advised requires a few more days to finalise search, response due 24
September 2020.
26/09/2020, applicant advised of deemed refusal, decision due on or before 16 October 2020.
Contacts/Description Denis Jakota < xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
Background
Summary:
All correspondence relating to Question 2 of Addendum 6 of RFT No. PRI00003859.
Full scope:
"This application is In regard to Question 2 of Addendum 6 of RFT No. PRI00003859:
https://www.tenders.gov.au/Atm/DownloadAddenda/0b317934-f69d-0788-f528-
4c1d80880ca4?addendaId=14561c55-93ed-0364-d1ed-
bfd67dfbb4bc&docType=Addenda&fileName=Addendum%206%20-%20PRI-
00003859.pdf&location=s3Restricted
I am seeking all department correspondence that is related to this question. Please also
include any document that considers the relevant issues (e.g. legal advice)."
File notes
Date
Type
Matter's Owner
FOI Timeframe
24 Aug 2020
FOI Clock - Start  Sasha Pesic
24 Aug 2020
FOI Clock - Stop  Sasha Pesic
Clock stopped.
21 Aug 2020
FOI Clock - Start  s47F

30
Clock started
Produced by

LEX for Industry
Wednesday, 30 Sep 2020
s47F
Page 64 of 64