Marcus
By ema
il: xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Our reference: SHC22-28140
Dear Marcus
Freedom of Information request
1. I am writing about your 17 May 2022 Freedom of Information (FOI) request under the
Freedom of Information Act 1982 (the FOI Act) for access to documents held by the
Australian Public Service Commission (the 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 I request access to the following documents:
a) the vacancy notification published in the Public Service Gazette for the "Director,
Integrity" role that Kate McMullan applied for and was recruited to fill;
b) the classification notification for the "Director, Integrity" role that Kate McMullan
applied for and was recruited to fill;
c) any and all promotion notices published in the Public Service Gazette identifying Ms
McMullan's promotion to the "Director, Integrity" role that Kate McMullan applied for
and was recruited to fill;
d) the position description for the "Director, Integrity" role that Kate McMullan applied
for and was recruited to fill;
e) the delegation provided to Ms McMullan or to the person holding the "Director,
Integrity" role to conduct investigations under the Public Interest Disclosure Act 2013 (this
delegation would have to have been made before she conducted her investigation);
f) any documents setting out the criteria that the Australian Public Service Commissioner
considers in determining if a person is suitable to hold a delegation to conduct
investigations under the Public Interest Disclosure Act 2013.
B Block, Treasury Building
Parkes Place West PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2600
4. I have identified five (5) documents relevant to your request.
Decision on your FOI request
5. I am authorised under subsection 23(1) of the FOI Act to make FOI decisions.
6. I have decided to grant you full access to the documents identified. I have attached a copy
of the documents to this letter. A schedule of these documents is included at
Attachment
A.
Additional Information
7. Please note that Kate McMullan was initially engaged on a non-ongoing basis into the
Director, Integrity role. As such, she did not directly apply for this position. Her ongoing
engagement commenced via her application for a similar vacancy for which she was found
suitable, as per the provided Engagement and Vacancy Notices (see Documents 2 and 3).
Contacts
8. 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 a
t xxx@xxxx.xxx.xx
Review rights
9. You are entitled to seek review of this decision. Your review rights are set out at
Attachment B.
Yours sincerely
Giorgina Strangio
Authorised FOI decision maker
16 June 2022
ATTACHMENT A
SCHEDULE OF DOCUMENTS
D
ocument
Description
1
Position description (Director, Integrity Policy)
2
Position description (Senior Advisor, Terrorism and Crisis Policy)
3
Engagement Notice Details (Kate McMullan)
4
PID Delegation dated 23 April 2018
5
PID Delegation dated 25 October 2018
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)
gives 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:
ATTACHMENT B
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
