Gemma
By email: xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference: LEX 558
Dear Gemma,
Freedom of Information request
1. I am writing about your Freedom of Information (FOI) request under the
Freedom of
Information Act 1982 (FOI Act) made on 10 May 2023 for access to documents held by the
Australian Public Service Commission (Commission).
2. The FOI Act and all other Commonwealth legislation referred to in this letter are publicly
available from
www.legislation.gov.au.
Documents relevant to your request
3. You requested access to documents on the following terms:
1. Please provide a copy of the APSC’s current procedures for determining breaches of
the APS Code of Conduct and the imposition of sanctions that is currently in force.
2. Please provide a copy of the APSC’s current social media policy (which covers
departmental use and/or private use by employees in an individual capacity).
3. Provide a provide a copy of the APSC’s current guidance material which is available
for employees to make informed decisions about their private social media use.
4. Provide a copy of guidance/information provided to your employees regarding
expectations on their conduct in the lead up to the Voice Referendum.
5. Please advise:
A) In the last 6 months, have you received a complaint regarding social media post made
by an employee of the APSC?
B) In the last 6 months, how many complaints have you received regarding social media
post made by your employees?
6. Please advise:
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
A) In the last 6 months, have you received a complaint regarding social media post made
by an Australian Public Service (APS) employee?
B) In the last 6 months, how many complaints have your received regarding social media
post made by an APS employee?
C) Are you aware of any complaints made, in the last 6 months, to an agency regarding
social media post made by an APS employee? If so, please list those agencies that you are
aware a complaint has been made.
Decision on your FOI request
4. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
5. I am satisfied that reasonable steps have been taken to locate documents relevant to your
request.
6. I have identified seven (7) publicly-available documents within scope of your request.
7. These documents are:
• Document 1: Australian Public Service Commission – Procedures for determining
breaches of the Code of Conduct and for determining sanction.
• Document 2: Social Media: Guidance for Australian Public Service Employees and
Agencies.
• Document 3:
Factsheet: Personal Behaviour on Social Media.
• Document 4: Social media: Tips for employees.
• Document 5: Case study – APS employee engagement on social media.
• Document 6: Frequently Asked Questions: Personal Behaviour on Social Media.
• Document 7: Engagement in the Voice Referendum in a personal capacity:
Guidance for APS employees and agencies.
8. I have decided to:
• grant full access to Documents 1-7.
9. I have also identified an internal document relating to part 4 of your request. However,
since this document post-dates your request, I have deemed it as beyond scope of your
request.
10. Hyperlinks to the documents are included in the schedule set out in
Attachment A.
Invalidity of parts 5-6 of your request
11. On 24 May 2023, the Commission acknowledged your FOI request. In doing so, the
Commission offered to provide you with information in response to parts 5-6 of your
request administratively outside of the FOI process. We advised you that:
In parts 5 and 6 of your request, you seek access to information by asking a series of
questions. The FOI Act gives individuals a right to obtain access to documents, not
information. However, the Commission would … be willing to answer to your questions
administratively outside of the FOI process.
12. The Commission did not receive any response from you in relation to the offer to release
information administratively.
13. On 2 June 2023, the Commission advised you that it considered parts 5-6 of your request
were invalid as the questions listed did not provide such information as is reasonably
necessary to enable the Commission to identify the documents you might be seeking.
14. The Commission invited you to either consent to the administrative release of ‘answers’
to parts 5-6 or to revise those parts of your request to make a valid FOI request. The
Commission also informed you that if you did not consent to the administrative release or
revise your request, no further action would be taken in relation to parts 5-6 of your
request.
15. The Commission also did not receive a response to our correspondence dated 2 June 2023.
As parts 5-6 of your request are invalid, no further action has been taken in respect of
them.
Contacts
16. If you require clarification on matters in this letter please contact the Commission’s FOI
Officer by telephone on (02) 6202 3500 or by email at
xxx@xxxx.xxx.xx.
Review rights
17. You are entitled to seek review of this decision. Your review rights are set out at
Attachment B.
Yours sincerely
Martyn Hagan
Authorised FOI decision maker
9 June 2023
ATTACHMENT A
SCHEDULE OF DOCUMENTS
Document Description
Hyperlink
1
Australian Public Service
Procedures for determining breaches
Commission – Procedures for
of the Code of Conduct and for
determining breaches of the Code
determining sanction | Australian
of Conduct and for determining
Public Service Commission
sanction – dated 10 March 2021.
(apsc.gov.au).
2
Social Media: Guidance for
Social media: Guidance for
Australian Public Service
Australian Public Service Employees
Employees and Agencies – dated
and Agencies | Australian Public
17 March 2021.
Service Commission (apsc.gov.au).
3
Factsheet: Personal Behaviour on
Factsheet: Personal Behaviour on
Social Media – dated 17 March
Social Media | Australian Public
2021.
Service Commission (apsc.gov.au).
4
Social media: Tips for employees
Social media: Tips for employees |
– dated 17 March 2021.
Australian Public Service
Commission (apsc.gov.au).
5
Case study – APS employee
Case study -
APS employee
engagement on social media –
engagement on social media |
dated 17 March 2021.
Australian Public Service
Commission (apsc.gov.au).
6
Frequently Asked Questions:
Frequently Asked Questions:
Personal Behaviour on Social
Personal Behaviour on Social Media |
Media – dated 17 March 2021.
Australian Public Service
Commission (apsc.gov.au).
7
Engagement in the Voice
Engagement in the Voice
Referendum in a personal
Referendum in a personal capacity:
capacity: Guidance for
APS Guidance for APS employees and
employees and agencies – dated 3
agencies | Australian Public Service
April 2023.
Commission (apsc.gov.au).
ATTACHMENT B
Rights of Review
Asking for a full explanation of a Freedom of Information decision
If you are dissatisfied with this decision, you may seek review. Before you seek review of a
Freedom of Information (FOI) decision, you may contact us to discuss your request and we
will explain the decision to you.
Seeking review of a Freedom of Information decision
If you still believe a decision is incorrect, the
Freedom of Information Act 1982 (the FOI Act)
may give you the right to apply for a review of the decision. Under sections 54 and 54L of the
FOI Act, you can apply for a review of an FOI decision by seeking:
1. an internal review by an different officer of the Australian Public Service
Commission; and/or
2. external review by the Australian Information Commissioner.
There are no fees applied to either review option.
Applying for a review by an Internal Review Officer
If you apply for internal review, a different decision maker to the departmental delegate who
made the original decision will carry out the review. The Internal Review Officer will
consider all aspects of the original decision and decide whether it should change. An
application for internal review must be made in writing within 30 days of receiving this letter
to:
Email:
xxx@xxxx.xxx.xx
Post:
The FOI Officer
Australian Public Service Commission
B Block, Treasury Building
GPO Box 3176
Parkes Place West
PARKES ACT 2600
You do not need to fill in a form. However, it is a good idea to set out any relevant
submissions you would like the Internal Review Officer to further consider, and your reasons
for disagreeing with the decision.
Applying for external review by the Australian Information Commissioner
If you do not agree with the original FOI decision or the internal review decision, you can ask
the Australian Information Commissioner to review the decision. You have 60 days to apply
in writing for a review by the Office of the Australian Information Commissioner (the OAIC)
from the date you received this letter or any subsequent internal review decision.
You can
lodge your application:
Online:
www.oaic.gov.au
Post:
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Email:
xxxxxxxxx@xxxx.xxx.xx
The OAIC encourage applicants to apply online. Where possible, to assist the OAIC you
should include your contact information, a copy of the related FOI decision and provide
details of your reasons for objecting to the decision.
Complaints to the Information Commissioner and Commonwealth Ombudsman
Information Commissioner
You may complain to the 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. A complaint to the Information Commissioner must be made in
writing. The Information Commissioner's contact details are:
Telephone:
1300 363 992
Website:
www.oaic.gov.au
Commonwealth Ombudsman
You may complain to the Ombudsman 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. A complaint to the Ombudsman may be made in person, by telephone or in
writing. The Ombudsman's contact details are:
Phone:
1300 362 072
Website:
www.ombudsman.gov.au
Document Outline
