This is an HTML version of an attachment to the Freedom of Information request 'Originator fields from email messages sent to AusIndustry officials'.

Date: Mon, 12 Oct 2020 23:35:46 +0000
Subject: Re: Freedom of Information request - Originator fields from email messages sent to AusIndustry officials
From: Ellie <xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx>
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>

UPDATE to request as follows.

On 16 March 2016, Hon Christopher Pyne appointed the General Manager for Accelerating Commercialisation & Innovation Connections (AusIndustry - Support for Business) as the Program Delegate for the ad hoc Grant to MassChallenge under the Entrepreneurs' Programme after consultation with the Legal Branch [1]. (AD-HOC ADVICE)

On 27 November 2017, Hon Craig Laundy noted a draft version of the legislative instrument that would provide legislative authority for new incubator support initiative (ISI) guidelines [2]. (LEGISLATION ADVICE)

On 31 January 2018, an Unknown Officer (a/g Assistant Manager - Accelerating Commercialisation Strategy) provided this answer for Question 2 of Addendum 6 of RFT No. PRI00003859 [3] in response to a tender inquiry: "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 service: 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..." (TENDER ADVICE)

On 2 March 2020, Ms Charlotte Tressler (Head of Division for AusIndustry - Support for Business) provided this advice in her response to an ISI complainant: "In response to your statement that this facilitator had a conflict of interest, the department has reviewed the declaration of interest records in relation to your applications, and also sought legal advice. It has been determined that this facilitator did not hold an actual conflict of interest." (CONFLICT ADVICE)

On 7 July 2020, Ms Emma Greenwood (a/g Head of Division for AusIndustry - Support for Business) provided this advice in her response to the same complainant: "We note that you intend to seek review of the department's decisions under the Administrative Decisions (Judicial Review) Act 1977 (AD(JR) Act). You should be aware the decisions that your applications were ineligible for the Incubator Support Initiative are not decisions made under an enactment. Accordingly, they are not subject to the AD(JR) Act and the department is not required to provide you with a statement of reasons under section 13(1) of the Act." (ADJR ADVICE)

I REQUEST under the Freedom of Information (FOI) Act from the Department of Industry, Science, Energy and Resources (Department) documents containing the values of all originator fields [4] in email messages sent from legal counsel to provide guidance/advice/opinion for:
(a) Hon Christopher Pyne regarding AD-HOC ADVICE;
(b) Hon Craig Laundy regarding LEGISLATION ADVICE;
(c) Unknown Officer regarding TENDER ADVICE;
(d) Ms Charlotte Tressler regarding CONFLICT ADVICE; and
(e) Ms Emma Greenwood regarding ADJR ADVICE.

For avoidance of doubt, the originator fields are documents pursuant to s 4(1) ("document") (a)(v) of the FOI Act. This FOI request seeks the originator fields because they include the names of legal counsel who provided the above-mentioned advice.

Originator fields are easily accessed from Outlook email headers [5]. The email headers are separate from the email body which is not requested herein.

Please be sure to maintain all names of APS staff with regard to OAIC FOI guidelines 3.54-3.56.

Please also be sure to include all items from the OAIC Processing FOI Requests Reasonable Steps Checklist [6].

Faithfully,
Ellie

REFERENCES

[1] Legal Branch on Page 1 under "Consultations" in https://righttoknow.org.au/request/6607/response/18835/attach/3/LEX%2066830%20Combined%20documents%20AR.pdf

[2] Point 4 on Page 1 in https://www.industry.gov.au/sites/default/files/2020-08/disclosure-log-20-026.pdf

[3] Page 3 in https://righttoknow.org.au/request/6625/response/18739/attach/4/66859%20combined%20documents%20AR.pdf

[4] From/Sender/Reply-To fields as per Section 2.1 of RFC 5322 in https://tools.ietf.org/html/rfc6854

[5] Outlook Email Headers Guide in https://www.combell.com/en/help/kb/where-can-i-find-mail-headers-in-outlook

[6] Page 2 in https://www.oaic.gov.au/assets/freedom-of-information/guidance-and-advice/processing-foi-requests-reasonable-steps-checklist.pdf



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