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s 22
From:
Freedom of Information
Sent:
Thursday, 24 September 2020 9:05 PM
To:
s 22
Cc:
Freedom of Information
Subject:
FW: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
For your information, Mr Jakota has requested his query be referred to the relevant line area.
Thanks
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Thursday, 24 September 2020 11:35 AM
To: Freedom of Information
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Please do forward my question to the relevant area and thanks for being open with this.
Kind regards,
Denis
On Tue, Sep 22, 2020 at 4:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
Apologies, I’m not in a position to answer your question. Our job is just to process FOI requests – we aren’t
involved in any of the broader work of the department.
If you would like, I will forward your question to the relevant area in the department. They may be able to provide
you with relevant information (although I do caution that it can sometimes take a short while to receive a
response, as the department’s standard turnaround time for correspondence is 20 business days).
I don’t object to you providing my below comments in online forums.
Regards
s 22
1
Page 6 of 57
DISER - Released under the FOI Act - LEX 67797
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private incubator activity?
(I'm going by this document here.) If not, please let me know so I can retract my comments. Also would it
be ok if I share your comments in forums investigating the incubator program? Thanks for explaining.
Kind regards,
Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
Of most concern were other emails on the website which were making certain claims or implications that were
just really going beyond what was necessary to describe the documents requested under FOI. The nature of some
of the allegations were quite serious and were very specifically targeted at the individual. It was these allegations
which I described to Ben were inaccurate and were just going a ‘bit too far’.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
2
Page 7 of 57
DISER - Released under the FOI Act - LEX 67797
Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it is
alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able to
clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
Ben, from the Right to Know website, has let me know that you had some questions about us asking Ben
to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
Regards
s 22
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
Department of Industry, Science, Energy and Resources
T: s 22
| E:s 22
I do not work Wednesdays.
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
3
Page 8 of 57
DISER - Released under the FOI Act - LEX 67797
received this transmission in error, please notify me immediately by telephone and delete copies of this transmission together with
any attachments.
OFFICIAL
OFFICIAL
OFFICIAL
OFFICIAL
4
Page 9 of 57
DISER - Released under the FOI Act - LEX 67797
s 22
From:
Denis Jakota <x.xxxxxxxx@xxxxx.xxx>
Sent:
Thursday, 22 October 2020 11:31 AM
To:
Freedom of Information
Subject:
Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Am I to expect a response from the Entrepreneurs' Programme directly or from the legal branch? I'm
planning to follow up but I have no frame of reference as to who to contact.
Kind regards,
Denis
On Tue, Sep 29, 2020 at 9:28 AM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
I have forwarded your query.
The query wasn’t forwarded to a legal line area, but rather to the line area with responsibility for the
Entrepreneur’s Programme (the branch is simply called
‘Entrepreneurs’ Programme’).
Thanks
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Monday, 28 September 2020 9:32 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Can you please confirm if you have forwarded my query to the relevant legal line area and if so, what is the
name of the area involved (or where on the org. chart is the area)?
Kind regards,
Denis
On Thursday, September 24, 2020, Denis Jakota <x.xxxxxxxx@xxxxx.xxx> wrote:
Hi s 22
Please do forward my question to the relevant area and thanks for being open with this.
Kind regards,
Denis
1
Page 10 of 57
DISER - Released under the FOI Act - LEX 67797
On Tue, Sep 22, 2020 at 4:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
Apologies, I’m not in a position to answer your question. Our job is just to process FOI requests – we aren’t
involved in any of the broader work of the department.
If you would like, I will forward your question to the relevant area in the department. They may be able to
provide you with relevant information (although I do caution that it can sometimes take a short while to receive
a response, as the department’s standard turnaround time for correspondence is 20 business days).
I don’t object to you providing my below comments in online forums.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private incubator
activity? (I'm going by this document here.) If not, please let me know so I can retract my comments.
Also would it be ok if I share your comments in forums investigating the incubator program? Thanks for
explaining.
Kind regards,
Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
Of most concern were other emails on the website which were making certain claims or implications that were
just really going beyond what was necessary to describe the documents requested under FOI. The nature of
some of the allegations were quite serious and were very specifically targeted at the individual. It was these
allegations which I described to Ben were inaccurate and were just going a ‘bit too far’.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
2
Page 11 of 57
DISER - Released under the FOI Act - LEX 67797
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it
is alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able
to clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
Ben, from the Right to Know website, has let me know that you had some questions about us asking
Ben to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
Regards
s 22
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
Department of Industry, Science, Energy and Resources
s 22
I do not work Wednesdays.
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
OFFICIAL
OFFICIAL
OFFICIAL
3
Page 12 of 57
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s 22
From:
Freedom of Information
Sent:
Tuesday, 17 November 2020 9:32 AM
To:
El ie Abrat
Cc:
Denis Jakota; Freedom of Information
Subject:
RE: Fwd: Freedom of Information requests [SEC=OFFICIAL]
Ellie
I understand that the relevant program area are finalising a response to Denis.
He should receive correspondence in the near future.
As you would appreciate, the continued FOI requests about this matter are consuming a large amount of time and
resources from the area that is attempting to prepare the response.
s 22
OFFICIAL
From: Ellie Abrat [mailto:xxxxx.xxxxx@xxxxxx.xxx]
Sent: Friday, 13 November 2020 11:28 PM
To: s 22
Cc: Denis Jakota
Subject: Re: Fwd: Freedom of Information requests [SEC=OFFICIAL]
Greetings s 22
I'm chasing up on behalf of Denis with regard to his 22 September inquiry beneath.
Who should we contact to seek clarity around the department's position?
Faithfully,
Ellie
The linked image cannot be displayed. The file may have been moved, renamed, or deleted. Verify that the link points to the
correct file and location .
Ellie Abrat Volunteer
Civic engagement
email xxxxx.xxxxx@xxxxxx.xxx
tel +61 2 8598 8506
Any views or opinions presented in this email are solely those of the author and
do not necessarily represent those of AusACL. Members are expressly
required not to make defamatory statements and not to infringe or authorise
any infringement of copyright or any other legal right by email communications.
Any such communication is contrary to AusACL policy and outside the scope of
responsibilities of the individual concerned. AusACL does not accept any
liability in respect of such communication, and members responsible are
personally liable for any damages or other liability arising.
On 13-11-2020 22:04, Denis Jakota wrote:
Last msg to s 22
1
Page 13 of 57
DISER - Released under the FOI Act - LEX 67797
s 42
s 22
s 22
s 22
s 22
s 22
s 22
s 47E(d)
s 22
s 22
s 22
s 22
s 47E(d)
s 22
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Thursday, 22 October 2020 11:31 AM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Am I to expect a response from the Entrepreneurs' Programme directly or from the legal branch? I'm
planning to follow up but I have no frame of reference as to who to contact.
Kind regards,
Denis
1
Page 14 of 57
DISER - Released under the FOI Act - LEX 67797
On Tue, Sep 29, 2020 at 9:28 AM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
I have forwarded your query.
The query wasn’t forwarded to a legal line area, but rather to the line area with responsibility for the
Entrepreneur’s Programme (the branch is simply called
‘Entrepreneurs’ Programme’).
Thanks
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Monday, 28 September 2020 9:32 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Can you please confirm if you have forwarded my query to the relevant legal line area and if so, what is the
name of the area involved (or where on the org. chart is the area)?
Kind regards,
Denis
On Thursday, September 24, 2020, Denis Jakota <x.xxxxxxxx@xxxxx.xxx> wrote:
Hi s 22
Please do forward my question to the relevant area and thanks for being open with this.
Kind regards,
Denis
On Tue, Sep 22, 2020 at 4:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
2
Page 15 of 57
DISER - Released under the FOI Act - LEX 67797
Apologies, I’m not in a position to answer your question. Our job is just to process FOI requests – we aren’t
involved in any of the broader work of the department.
If you would like, I will forward your question to the relevant area in the department. They may be able to
provide you with relevant information (although I do caution that it can sometimes take a short while to receive
a response, as the department’s standard turnaround time for correspondence is 20 business days).
I don’t object to you providing my below comments in online forums.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private
incubator activity? (I'm going by this document here.) If not, please let me know so I can retract my
comments. Also would it be ok if I share your comments in forums investigating the incubator program?
Thanks for explaining.
Kind regards,
Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
3
Page 16 of 57
DISER - Released under the FOI Act - LEX 67797
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
Of most concern were other emails on the website which were making certain claims or implications that were
just really going beyond what was necessary to describe the documents requested under FOI. The nature of
some of the allegations were quite serious and were very specifically targeted at the individual. It was these
allegations which I described to Ben were inaccurate and were just going a ‘bit too far’.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it
is alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able
to clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
Ben, from the Right to Know website, has let me know that you had some questions about us asking
Ben to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
4
Page 17 of 57
DISER - Released under the FOI Act - LEX 67797
Regards
s 22
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
Department of Industry, Science, Energy and Resources
T: s 22
I do not work Wednesdays.
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
OFFICIAL
OFFICIAL
OFFICIAL
OFFICIAL
5
Page 18 of 57
s 42
DISER - Released under the FOI Act - LEX 67797
s 22
s 22
s 22
s 22
s 22
s 22
s 22
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Thursday, 22 October 2020 11:31 AM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Am I to expect a response from the Entrepreneurs' Programme directly or from the legal branch? I'm
planning to follow up but I have no frame of reference as to who to contact.
Kind regards,
Denis
On Tue, Sep 29, 2020 at 9:28 AM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
I have forwarded your query.
The query wasn’t forwarded to a legal line area, but rather to the line area with responsibility for the
Entrepreneur’s Programme (the branch is simply called
1
Page 19 of 57
DISER - Released under the FOI Act - LEX 67797
‘Entrepreneurs’ Programme’).
Thanks
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Monday, 28 September 2020 9:32 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Can you please confirm if you have forwarded my query to the relevant legal line area and if so, what is the
name of the area involved (or where on the org. chart is the area)?
Kind regards,
Denis
On Thursday, September 24, 2020, Denis Jakota <x.xxxxxxxx@xxxxx.xxx> wrote:
Hi s 22
Please do forward my question to the relevant area and thanks for being open with this.
Kind regards,
Denis
On Tue, Sep 22, 2020 at 4:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
Apologies, I’m not in a position to answer your question. Our job is just to process FOI requests – we aren’t
involved in any of the broader work of the department.
If you would like, I will forward your question to the relevant area in the department. They may be able to
provide you with relevant information (although I do caution that it can sometimes take a short while to receive
a response, as the department’s standard turnaround time for correspondence is 20 business days).
2
Page 20 of 57
DISER - Released under the FOI Act - LEX 67797
I don’t object to you providing my below comments in online forums.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private
incubator activity? (I'm going by this document here.) If not, please let me know so I can retract my
comments. Also would it be ok if I share your comments in forums investigating the incubator program?
Thanks for explaining.
Kind regards,
Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
Of most concern were other emails on the website which were making certain claims or implications that were
just really going beyond what was necessary to describe the documents requested under FOI. The nature of
some of the allegations were quite serious and were very specifically targeted at the individual. It was these
allegations which I described to Ben were inaccurate and were just going a ‘bit too far’.
3
Page 21 of 57
DISER - Released under the FOI Act - LEX 67797
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it
is alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able
to clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
Ben, from the Right to Know website, has let me know that you had some questions about us asking
Ben to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
Regards
s 22
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
4
Page 22 of 57
DISER - Released under the FOI Act - LEX 67797
Department of Industry, Science, Energy and Resources
T: s 22
| E: s 22
I do not work Wednesdays.
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
OFFICIAL
OFFICIAL
OFFICIAL
OFFICIAL
5
Page 23 of 57
s 42
DISER - Released under the FOI Act - LEX 67797
s 22
s 22
s 22
s 22
s 22
s 22
s 47E(d)
s 22
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Thursday, 22 October 2020 11:31 AM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Am I to expect a response from the Entrepreneurs' Programme directly or from the legal branch? I'm
planning to follow up but I have no frame of reference as to who to contact.
Kind regards,
Denis
On Tue, Sep 29, 2020 at 9:28 AM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
I have forwarded your query.
1
Page 24 of 57
DISER - Released under the FOI Act - LEX 67797
The query wasn’t forwarded to a legal line area, but rather to the line area with responsibility for the
Entrepreneur’s Programme (the branch is simply called
‘Entrepreneurs’ Programme’).
Thanks
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Monday, 28 September 2020 9:32 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Can you please confirm if you have forwarded my query to the relevant legal line area and if so, what is the
name of the area involved (or where on the org. chart is the area)?
Kind regards,
Denis
On Thursday, September 24, 2020, Denis Jakota <x.xxxxxxxx@xxxxx.xxx> wrote:
Hi s 22
Please do forward my question to the relevant area and thanks for being open with this.
Kind regards,
Denis
On Tue, Sep 22, 2020 at 4:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
Apologies, I’m not in a position to answer your question. Our job is just to process FOI requests – we aren’t
involved in any of the broader work of the department.
2
Page 25 of 57
DISER - Released under the FOI Act - LEX 67797
If you would like, I will forward your question to the relevant area in the department. They may be able to
provide you with relevant information (although I do caution that it can sometimes take a short while to receive
a response, as the department’s standard turnaround time for correspondence is 20 business days).
I don’t object to you providing my below comments in online forums.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private
incubator activity? (I'm going by this document here.) If not, please let me know so I can retract my
comments. Also would it be ok if I share your comments in forums investigating the incubator program?
Thanks for explaining.
Kind regards,
Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
3
Page 26 of 57
DISER - Released under the FOI Act - LEX 67797
Of most concern were other emails on the website which were making certain claims or implications that were
just really going beyond what was necessary to describe the documents requested under FOI. The nature of
some of the allegations were quite serious and were very specifically targeted at the individual. It was these
allegations which I described to Ben were inaccurate and were just going a ‘bit too far’.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it
is alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able
to clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
Ben, from the Right to Know website, has let me know that you had some questions about us asking
Ben to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
Regards
s 22
4
Page 27 of 57
DISER - Released under the FOI Act - LEX 67797
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
Department of Industry, Science, Energy and Resources
s 22
I do not work Wednesdays.
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
OFFICIAL
OFFICIAL
OFFICIAL
OFFICIAL
5
Page 28 of 57
DISER - Released under the FOI Act - LEX 67797
Question: is it not the case that these facilitators should refrain from private
incubator activity? (I'm going by this document here.)
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.
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 its applications in relation to the Incubator Support initiative. A different Regional Incubator
Facilitator would be allocated to conduct these activities.
Response:
Regional Incubator Facilitators (RIFs) are not required to refrain from external incubator activity.
However, RIFs are required to declare and avoid any conflicts of interest in carrying out their duties.
These obligations are specified in the contracts under which the RIFs were engaged.
The cited question and answer were published during the RIF tender process and describe a
situation where a RIF might have an interest in an applicant that applies or had applied for an
Incubator Support Initiative (ISI) grant. It describes how a conflict of interest would be avoided in
that situation.
In order to carry out their roles effectively to provide advisory and facilitation support to ISI
applicants, RIFs must have strong expertise in the Incubator ecosystem. In order to maintain the
level of knowledge and expertise required, the department was aware and supportive of RIFs
continuing professional activity in the incubator ecosystem outside of their contracted role with the
department, subject to this activity being declared and approved via the Declaration of Interest
process. If there were interests that conflicted with the RIFs ability to provide impartial advice to
potential ISI applicants, the department required the RIF to declare this prior to an application being
referred to them, at which point an alternative RIF would be allocated to that applicant.
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s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private incubator activity?
(I'm going by this document here.) If not, please let me know so I can retract my comments. Also would it
be ok if I share your comments in forums investigating the incubator program? Thanks for explaining.
Kind regards,
Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
Of most concern were other emails on the website which were making certain claims or implications that were just
really going beyond what was necessary to describe the documents requested under FOI. The nature of some of
the allegations were quite serious and were very specifically targeted at the individual. It was these allegations
which I described to Ben were inaccurate and were just going a ‘bit too far’.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
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Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it is
alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able to
clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
Ben, from the Right to Know website, has let me know that you had some questions about us asking Ben
to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
Regards
s 22
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
Department of Industry, Science, Energy and Resources
T: s 22
I do not work Wednesdays.
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
3
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received this transmission in error, please notify me immediately by telephone and delete copies of this transmission together with
any attachments.
OFFICIAL
OFFICIAL
OFFICIAL
4
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s 22
From:
Incubator Support Programme Management
Sent:
Wednesday, 23 December 2020 4:31 PM
To:
Freedom of Information; s 22
Cc:
s 22
; Incubator Support Programme Management
Subject:
FW: Further information regarding Incubator Support Regional Incubator Facilitators
[SEC=OFFICIAL]
Hi
For info for your records, email sent to Mr Jakota.
Thanks
s 22
OFFICIAL
From: Incubator Support Programme Management
Sent: Wednesday, 23 December 2020 2:51 PM
To: x.xxxxxxxx@xxxxx.xxx
Cc: Incubator Support Programme Management s 47E(d)
Subject: Further information regarding Incubator Support Regional Incubator Facilitators [SEC=OFFICIAL]
Dear Mr Jakota
We are aware that you have raised a number of queries in relation to Incubator Support Regional Incubator
Facilitators (RIFs) and their activities through Freedom of Information requests. Please find below further detail in
relation to FOI request 66859 regarding Question 2 of Addendum 6 of RFT No. PRI00003859 and activities
undertaken by RIFs.
Individuals who are RIFs may engage in extracurricular activities that support the innovation ecosystem with
external companies, i.e. companies or organisations other than the individual’s employer. RIFs must declare and
avoid any conflicts of interest in carrying out their duties. These obligations are specified in the contracts under
which the RIFs were engaged.
The cited question and answer noted in the FOI request were published during the RIF tender process and describe
a situation where a RIF might have an interest in, or be employed by, a successful tenderer that applies or had
applied for an Incubator Support Initiative (ISI) grant. It describes how a conflict of interest would be managed in
that situation.
In order to effectively provide advisory and facilitation support to ISI applicants, RIFs must have strong expertise in
the incubator ecosystem. In order to maintain the level of knowledge and expertise required, the department was
aware and supportive of RIFs continuing to provide professional services in the incubator ecosystem outside of their
contracted role with the department, subject to this activity being declared and approved via the Declaration of
Interest process. If there were interests that conflicted with the RIFs ability to provide impartial advice to potential
ISI applicants an alternative RIF would be allocated to that applicant.
Kind regards
Incubator Support Programme Management
1
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AusIndustry - Support for Business | Entrepreneurs’ Programme Branch | Incubator Support Programme
Management
Department of Industry, Science, Energy and Resources
s 47E(d)
business.gov.au/EP
OFFICIAL
2
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From:
Incubator Support Programme Management
s 47E(d)
Subject:
Further information regarding Incubator Support Regional Incubator Facilitators
Dear Mr Jakota
We are aware that you have raised a number of queries in relation to Incubator Support Regional Incubator
Facilitators (RIFs) and their activities through Freedom of Information requests. We have provided further detail
below in relation to FOI request 66859 regarding Question 2 of Addendum 6 of RFT No. PRI00003859 and activities
undertaken by RIFs.
Individuals who are RIFs may engage in extracurricular activities that support the innovation ecosystem with
external companies, i.e. companies or organisations other than the individual’s employer. RIFs must declare and
avoid any conflicts of interest in carrying out their duties. These obligations are specified in the contracts under
which the RIFs were engaged.
The cited question and answer noted in the FOI request were published during the RIF tender process and describe
a situation where a RIF might have an interest in, or be employed by, a successful tenderer that applies or had
applied for an Incubator Support Initiative (ISI) grant. It describes how a conflict of interest would be managed in
that situation.
In order to effectively provide advisory and facilitation support to ISI applicants, RIFs must have strong expertise in
the incubator ecosystem. In order to maintain the level of knowledge and expertise required, the department was
aware and supportive of RIFs continuing to provide professional services in the incubator ecosystem outside of their
contracted role with the department, subject to this activity being declared and approved via the Declaration of
Interest process. If there were interests that conflicted with the RIFs ability to provide impartial advice to potential
ISI applicants an alternative RIF would be allocated to that applicant.
Kind regards
Incubator Support Programme Management
AusIndustry - Support for Business | Entrepreneurs’ Programme Branch | Incubator Support Programme
Management
Department of Industry, Science, Energy and Resources
s 47E(d)
business.gov.au/EP
1
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22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Thursday, 22 October 2020 11:31 AM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Am I to expect a response from the Entrepreneurs' Programme directly or from the legal branch? I'm
planning to follow up but I have no frame of reference as to who to contact.
Kind regards,
Denis
On Tue, Sep 29, 2020 at 9:28 AM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
I have forwarded your query.
The query wasn’t forwarded to a legal line area, but rather to the line area with responsibility for the
Entrepreneur’s Programme (the branch is simply cal ed
‘Entrepreneurs’ Programme’).
Thanks
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Monday, 28 September 2020 9:32 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Can you please confirm if you have forwarded my query to the relevant legal line area and if so, what is the
name of the area involved (or where on the org. chart is the area)?
Kind regards,
Denis
On Thursday, September 24, 2020, Denis Jakota <x.xxxxxxxx@xxxxx.xxx> wrote:
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Hi s 22
Please do forward my question to the relevant area and thanks for being open with this.
Kind regards,
Denis
On Tue, Sep 22, 2020 at 4:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
Apologies, I’m not in a position to answer your question. Our job is just to process FOI requests – we aren’t
involved in any of the broader work of the department.
If you would like, I wil forward your question to the relevant area in the department. They may be able to
provide you with relevant information (although I do caution that it can sometimes take a short while to receive
a response, as the department’s standard turnaround time for correspondence is 20 business days).
I don’t object to you providing my below comments in online forums.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Tuesday, 22 September 2020 3:14 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Thanks s 22
About my foi request.. is it not the case that these facilitators should refrain from private
incubator activity? (I'm going by this document here.) If not, please let me know so I can retract my
comments. Also would it be ok if I share your comments in forums investigating the incubator program?
Thanks for explaining.
Kind regards,
3
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Denis
On Mon, Sep 21, 2020 at 12:40 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Hi Denis
The department made a ‘bulk’ request to Right to Know to remove an individual’s name from a number of FOI
requests which are being published on the Right to Know website.
While your requests weren’t the ones of primary concern, there was an implication in your request that the
individual was doing something which was not condoned by the department.
Of most concern were other emails on the website which were making certain claims or implications that were
just real y going beyond what was necessary to describe the documents requested under FOI. The nature of
some of the al egations were quite serious and were very specifical y targeted at the individual. It was these
al egations which I described to Ben were inaccurate and were just going a ‘bit too far’.
Regards
s 22
From: Denis Jakota [mailto:x.xxxxxxxx@xxxxx.xxx]
Sent: Friday, 18 September 2020 12:51 PM
To: Freedom of Information <xxx@xxxxxxxx.xxx.xx>
Subject: Re: Freedom of Information requests [SEC=OFFICIAL]
Hi s 22
Thanks for getting back to me. I am wondering why the information was removed. Ben explained that it
is alleged that some of what I (and others) wrote may be inaccurate, and I am hopeful you may be able
to clarify what was said to be inaccurate.
Kind regards,
Denis
On Fri, Sep 18, 2020 at 12:13 PM Freedom of Information <xxx@xxxxxxxx.xxx.xx> wrote:
Good afternoon Denis
4
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Ben, from the Right to Know website, has let me know that you had some questions about us asking
Ben to remove some information from the requests.
Feel free to send through your questions and we will get back to you.
Regards
s 22
s 22
A/g Principal Legal Counsel | Small Business, FOI and
Privacy
Legal, Audit and Assurance Branch
Department of Industry, Science, Energy and Resources
T: s 22
I do not work Wednesdays.
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
OFFICIAL
OFFICIAL
OFFICIAL
OFFICIAL
5
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