By email: firstname.lastname@example.org
Our reference: <SHC22-4696>
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 13 March 2022 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 in the following terms:
under the FOI Act, please provide the last five broadbanding proposals the Australian
Public Service Commission received (from any agency or Department) to ensure that the
proposals conformed to the requirements set out at (i) – (iii) above where one of the
classifications across which a proposed broadband was effected was an SES classification
(e.g. a broadband over the Executive Level 2 and SES1 Band).
Decision on your FOI request
4. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
5. Subsection 24A(1) of the FOI Act provides that an agency may refuse a request for access
to a document if the agency is satisfied that all reasonable steps have been taken to find the
document and the agency is satisfied that the document does not exist.
6. I am satisfied that all reasonable steps have been taken to find any document relevant to
your request. No documents were found. I have therefore decided to refuse your request for
access under section 24A of the FOI Act.
7. I note that the Commission is working to update the guidance on its website which states
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
“An agency with new or revised broadbanding proposals are required under the
bargaining framework for APS enterprise agreements to consult with the Australian
Public Service Commission (the Commission) to ensure that the proposals:
• meet the APS Values and Employment Principles - relating to merit, community
access to employment opportunities and leadership
• meet the APS legislative requirements - such as the Classification Rules
• are consistent with the bargaining framework for APS enterprise agreements.
This includes that salary advancement for individuals within classifications and
broadbands is subject to at least satisfactory performance.
8. The current bargaining policy does not have an explicit requirement for agencies to consult
with the Commission on any new or revised broadbanding proposals.
9. In practice, agencies consult with the Commission on any new or revised broadbanding
proposals which will be incorporated into a collective workplace arrangement (i.e. an
enterprise agreement, common law arrangement or a determination made under relevant
legislation). However, outside of this process, there is no requirement for agencies to
consult with the Commission on new or revised broadbanding proposals.
10. 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 email@example.com.
11. You are entitled to seek review of this decision. Your review rights are set out at
Authorised FOI decision maker
25 March 2022
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
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
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
- 4 -
Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
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
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:
1300 363 992
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:
1300 362 072