Our ref: LEX 68104
Ms Geraldine Henry
Right to Know
By email
: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Ms Henry
Freedom of Information Act 1982 – Notice of Decision
I refer to your correspondence, received by the Department of Industry, Science, Energy and Resources
(
the department) on 10 February 2021, for access under the
Freedom of Information Act 1982 (
FOI Act) as
follows:
"… I apply for access to documents held by the Department regarding the Incubator Support Initiative
(ISI) Regional Incubator Facilitator (RIF) webpage.
In particular, I apply for the delivery of three bundles:
As Bundle 1, please release the first RIF webpage with RIF biographies ever published (and/or
proposed).
As Bundle 2, please release the email thread(s) with the surrounding conversation(s) shared
with/among RIFs that contains the link to (and/or content of) the first RIF webpage with RIF
biographies that was published (and/or proposed) - but only include the email messages authored by
Department staff by excluding all messages from RIFs.
As Bundle 3, please release only the parts of the same email thread(s) that were authored by [Name
Hidden] by excluding all messages from other RIFs and Department staff."
Decision
I am an authorised decision maker under section 23 of the FOI Act.
On the outset, I have decided not to impose any charges for the processing of your request.
I am satisfied that all reasonable searches have been undertaken for documents relevant to your request.
Bundle 1
I am advised that the department has in its possession one document that is relevant to the first part of
your request. This document is described in the Schedule of Documents at
Attachment A. I have decided to
grant access to this document in full.
industry.gov.au
Industry House - 10 Binara Street, Canberra City, ACT 2601
1
GPO Box 2013 Canberra ACT 2601 ABN: 74 599 608 295
Bundles 2 and 3
The department has undertaken searches of all relevant electronic databases, files and corporate file lists
for the documents you have requested in the second and third parts of your request. On the basis of these
searches, I am satisfied that all reasonable steps have been taken to locate any relevant documents, but no
such documents exist.
Therefore, I have decided to refuse the parts of your request relating to 'Bundle 2' and 'Bundle 3', on the
grounds that the documents you have requested do not exist.
If you are dissatisfied with my decision, your review rights are set out in Part A of the Annexure.
Yours sincerely
Claire Forsyth
General Manager
Business Outreach and Engagement
14 March 2021
Enclosures
Annexure (Part A – Review Rights)
Attachment A – Schedule of Documents
industry.gov.au
Industry House - 10 Binara Street, Canberra City, ACT 2601
2
GPO Box 2013 Canberra ACT 2601 ABN: 74 599 608 295
Annexure
Part A – Review Rights
Application for Internal Review
Section 54 of the FOI Act gives you the option to apply for a departmental internal review of my
decision. If you make an application for internal review it will be conducted by an officer of the
department (other than me) appointed by the Secretary of the department to conduct a review and
make a completely fresh decision on the merits of the case.
Application for a review of the decision must be made within 30 days after the day of receipt of this
letter, or within 15 days of receipt of the documents to which this decision relates (whichever is the
longer period). You do not have to pay any fees or processing charges for an internal review, except for
charges relating to the provision of any additional relevant material located as a result of the review
(for example photocopying). While a specific form is not required, it would assist the decision maker if
your application specifies the grounds on which you consider the decision should be reviewed.
Application for a review of a decision should be addressed to:
FOI Coordinator
Department of Industry, Science, Energy and Resources
GPO Box 2013
CANBERRA ACT 2601
or by e-mail to: xxx@xxxxxxxx.xxx.xx.
Review by the Australian Information Commissioner
If any decision on internal review were not satisfactory to you, section 54L of the FOI Act gives you the
right to apply for review of my decision by the Information Commissioner.
An application for review by the Information Commissioner may be made regardless of whether the
decision was the subject of a departmental internal review. An application for review by the
Information Commissioner must be made within 60 days of receipt of this notice. There is no fee for
review by the Information Commissioner.
You must apply in writing and you can lodge your application in one of the following ways:
Online: www.oaic.gov.au
Post: GPO Box 5218, Sydney NSW 2001
Fax: +61 2 9284 9666
Email: xxxxxxxxx@xxxx.xxx.xx
An application form is available on the website at www.oaic.gov.au. Your application should include a
copy of this notice and your contact details. You should also set out why you are objecting to the
decision.
Complaints to the Australian Information Commissioner
You may complain to the Australian Information Commissioner concerning action taken by an agency
in the exercise of powers or the performance of functions under the FOI Act. There is no fee for
making a complaint. The Australian Information Commissioner will make a completely independent
investigation of your complaint. A complaint to the Australian Information Commissioner must be
made in writing and can be lodged online using the Information Commissioner Complaint Application
form on the Australian Information Commissioner’s website at www.oaic.gov.au.
3
Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
Request for Access under the Freedom of Information Act 1982 (Cth)
Department of Industry, Science, Energy and Resources
FOI Applicant: Geraldine Henry
SCHEDULE OF DOCUMENTS
Doc
Description of document
Pages
Decision
Reasons
No
1. Document titled 'Regional Incubator Facilitators'
4
Released in full
N/A
4
Industry House – 10 Binara Street, Canberra City, ACT 2601
GPO Box 2013 Canberra ACT 2601 ABN:74 599 608 295
