Originator fields from email messages sent to AusIndustry officials

The request was successful.

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 [1] 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 incubator support initiative (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 [2] in email messages sent from legal counsel to provide guidance/advice/opinion for:
(a) Unknown Officer regarding TENDER ADVICE;
(b) Ms Charlotte Tressler regarding CONFLICT ADVICE; and
(c) 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, and this FOI request seeks the originator fields because they include the names of APS legal counsel who provided the above-mentioned advice.

Originator fields are easily accessed from Outlook email headers [3]. The email headers are separate from the email body which is not requested herein.

Please maintain all names of APS staff in accordance with OAIC FOI guidelines 3.54-3.56.

Faithfully,
Ellie

REFERENCES

[1] https://righttoknow.org.au/request/6625/...

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

[3] Guide: https://www.combell.com/en/help/kb/where...

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/...

[2] Point 4 on Page 1 in https://www.industry.gov.au/sites/defaul...

[3] Page 3 in https://righttoknow.org.au/request/6625/...

[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...

[6] Page 2 in https://www.oaic.gov.au/assets/freedom-o...

Freedom of Information, Department of Industry, Science, Energy & Resources

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    Re Freedom of Information request Originator fields from email messages sent to AusIndustry officials.txt

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Dear Ellie

 

I refer to your correspondence (attached), both emails received on Tuesday
13 October 2020.

 

Can you please confirm this is the same FOI request.

 

If so, I understand your FOI request is for access to:

 

“..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.”

 

I would be grateful for your confirmation at your earliest convenience but
no later than Friday 16 October 2020.

 

Regards

Heather

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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The second email on 13 October is the updated request. You may disregard the first email on the same day.

Your understanding of the FOI request is correct to the extent that it is taken within the context of the entire request as provided (including the elaboration).

Faithfully,
Ellie

Freedom of Information, Department of Industry, Science, Energy & Resources

1 Attachment

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    CM RE Freedom of Information request Originator fields from email messages sent to AusIndustry officials SEC OFFICIAL.txt

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Dear Ellie

 

We acknowledge receipt of your Freedom of Information request (attached)
received by the Department of Industry, Science, Energy and Resources (the
department) on 13 October 2020.

 

Currently a decision is due to you on 12 November 2020. 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.

 

If you have any questions, please contact the FOI team.

 

Regards

Heather

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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Freedom of Information, Department of Industry, Science, Energy & Resources

2 Attachments

Dear Ellie

 

Please find attached correspondence in relation to your FOI request of 13
October 2020.

 

Should you have any queries regarding this matter, please contact the FOI
team.

 

Regards

 

FOI Team

Legal, Audit and Assurance | Corporate & Digital

GPO Box 2013, Canberra ACT 2601

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Dear Sasha, Heather, and Tim,

I appreciate the release of these documents given the circumstances and without charge. Thank you sincerely.

It remains unclear which of the emails (from legal counsel) expressly address the presence/nature of conflict as per request (note point D).

Can you please clarify so we may avoid further requests?

Faithfully,
Ellie

Dear Sasha, Heather, and Tim,

In addition to my query from yesterday, I would also appreciate it if you would confirm that these emails were the only emails sent by legal counsel that contain legal advice (as opposed to the last of such emails).

To summarise my queries of yesterday and today, can you please clarify (1) which of the released documents by legal counsel expressly address the presence or nature of conflict as per request [D] and (2) whether the released documents represent all found emails with legal advice sent by legal counsel with respect to the matters specified in the request - not only the last of such emails.

Please advise with respect to (1) and (2) such that we may close this matter.

Faithfully,
Ellie

Freedom of Information, Department of Industry, Science, Energy & Resources

1 Attachment

Dear Ellie

I refer to your correspondence of 12 October 2020 (below) and 13 October 2020 (attached).

These emails were the only emails sent by legal counsel that contain the legal advice referred to in your request.

Document 1 relates to item A of your request.

Document 2 relates to item D of your request.

Documents 3 and 4 relate to item E of your request.

I trust this clarifies.

Regards
Heather

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 and delete copies of this transmission together with any attachments.

OFFICIAL

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