Emails containing legal advice authored/approved by Erin Higuchi
Jeremy Ballard made this Freedom of Information request to Department of Industry, Science, Energy & Resources
Dear Department of Industry, Science, Energy & Resources,
For the purposes of the FOI Act, I request email correspondence that contains legal advice authored/approved by Erin Higuchi as received by:
> Emma Greenwood on 7/7/2020 circa 11:20, and/or
> Incubator Support Programme Management on 16/1/2020 circa 17:37.
Please redact everything that would give rise to third-party consultation.
The Department of Industry, Science, Energy and Resources (the department)
has received your Freedom of Information request of 9 January 2021
This email is to acknowledge receipt of your request. Currently a decision
is due to you by 8 February 2021. However, this timeline may be effected
by the requirement to undertake consultation with affected third parties
or if the department determines you are liable to pay a charge in relation
to your request. You will be notified by the department if charges are
liable or if third party consultation is required.
For your information, please be aware that in past FOI requests of a
similar nature, documents of the type you are seeking have been exempted
from disclosure under the FOI Act (ie. not released) on the basis of legal
professional privilege (section 42 of the FOI Act). Based on this, you may
wish to consider withdrawing or amending your request.
For documents that fall within the scope of the request, it is the
practice of the department to withhold:
· the names, signatures and contact details of junior staff; That
o Commonwealth staff who are not in the Senior Executive Service (SES);
o Ministerial staff below the level of Chief of Staff; and
· the mobile phone numbers of SES officers.
The names and other details of SES officers will be released unless the
information is exempt from disclosure.
Confirmation from you that you are not seeking ‘personal information’ (ie.
the names and contact details of any individuals, or any information that
could reasonably identify an individual) may enable a more timely and cost
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Therefore, could you please clarify if you a seeking access to personal
information in the documents relating to:
· third parties; and
· Commonwealth staff.
If you are not seeking access to any personal information, you can simply
reply to this email with ‘no personal information requested’.
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you please specify.
We look forward to your response at your earliest convenience but no later
than Friday 15 January 2021.
If you have any questions, please contact the FOI team.
Legal, Audit and Assurance | Corporate & Digital
GPO Box 2013, Canberra ACT 2601 | [Department of Industry, Science, Energy & Resources request email]