Appointment of Director of the Department of Public Prosecutions
Dear ACT Justice And Community Safety Directorate,
I wish to request all documentation, including correspondence, briefing notes, file notes, timelines, files, messages including text, email, etc, relating to the appointment of a permanent Director of Public Prosecutions to replace the position vacated by Shane Drumgold. I wish to request any documents held by any ACT government agency on this matter, including but not limited to those held by the Department of Justice and Community Safety, the Office of the Attorney General, the Office of the Chief Minister, and the Department of Public Prosecutions.
In addition to the above, I specifically wish to request documentation on:
-When a decision was made to appoint a Director of the ODPP to replace Shane Drumgold, and by whom that decision was made.
- When a decision was made to appoint Anthony Williamson as Acting Director of the ODPP, and by whom that decision was made.
- When a decision was made to advertise for a permanent replacement Director of the ODPP, and by whom that decision was made.
-The agency(/s) responsible for writing the position description and advertising the position of Director of the ODPP.
-The name of the recruitment firm selected in relation to filling the position of Director of the ODPP, and all information as to the tender process as to how they were selected.
-The names of those on the selection panel tasked with assessing candidates for the position of ODPP, and the names and positions of those who chose the selection panel.
- The date the position of Director of the ODPP was advertised, the date applications closed, and the media outlets the position was advertised in.
- The total number of candidates who formally applied for the position of Director of the ODPP.
-The total number of candidates who formally applied for the position of Director of the ODPP who were already employed by the ACT, and the total number who were external to the ACT ODPP.
-The total number of candidates whose applications were seen by the selection panel.
-The total number of candidates interviewed by the selection panel.
-The selection criteria for the position of Director of the ODPP, and the author(s) of the selection criteria.
Yours faithfully,
Trisham Oakes
Thank you for contacting the ACT Justice and Community Safety Directorate
FOI team.
Please note that this is an automated response to confirm that your email
has been received.
If you wish to lodge a request for access to documents under the Freedom
of Information Act 2016 (FOI Act) please ensure that your request is in
writing, stating that it is an application for the purposes of the FOI
Act, and providing sufficient details for describing the documents you
wish to access. If you are requesting personal information about yourself
then please ensure you enclose a copy of your photographic identification.
The JACS FOI will acknowledge your request in accordance with the
legislative requirements of the Act.
The FOI team can be contacted on 02 6207 2167
Dear ACT Justice And Community Safety Directorate,
This is an application for information for the purposes of the FOI ACT.
Yours faithfully,
T Oakes
Dear ACT Justice And Community Safety Directorate,
I note I have not received written notice stating the date the application was received and the date a decision is to be made under the Act. This is a requirement as per Section 32 of the Freedom of Information Act to be actioned by the Department within 10 days of receiving a request.
The Department is currently in breach of Section 32 of the Freedom of Information Act.
Please notify me as soon as possible when this request will be actioned.
OFFICIAL
Good morning Trisham
We apologise for the oversight and confirm that JACS is processing your request and in accordance with section 40 of the FOI Act and a response is due to you by 26 April 2024.
Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[ACT-JACS request email]
GPO Box 158 Canberra ACT 2601
OFFICIAL
Good morning Trisham
I refer to your below request. The Justice and Community Safety
Directorate (JACS) has assessed your request and noted that the majority
of the documents would not be for release in line with previous decisions
relating to recruitment processes (please see JACS Disclosure Log -
[1]https://www.justice.act.gov.au/about-us/...).
JACS places importance on providing access to information that is in the
public interest to release. As such, we seek your agreement to provide
information as an informal response under section 8 of the Freedom of
Information Act 2016.
The answers to your questions and access to relevant information have been
set out below. Could you please confirm that you are satisfied with this
approach?
1. When a decision was made to appoint a Director of the ODPP to replace
Shane Drumgold, and by whom that decision was made.
It became necessary to replace Mr Drumgold SC as Director upon his
resignation, which was communicated on 4 August 2023 and took effect from
1 September 2023.
2. When a decision was made to appoint Anthony Williamson as Acting
Director of the ODPP, and by whom that decision was made.
Consistent with section 22 of the [2]Director of Public Prosecutions Act
1990 , each decision to appoint Mr Williamson SC on an acting basis was
taken by the Executive.
Mr Williamson’s instruments of appointment covered the following periods:
· 18 May 2023 – 13 June 2023 (NI2023-262)
· 14 June 2023 – 30 June 2023 (NI2023-293)
· 6 July 2023 – 30 August 2023 (NI2023-368)
· 31 August 2023 – 1 March 2024 (NI2023-518)
· 2 March 2024 – 1 May 2024 (NI2024-29)
3. When a decision was made to advertise for a permanent replacement
Director of the ODPP, and by whom that decision was made.
On 29 August 2023, the ACT Attorney-General directed the JACS to commence
a recruitment process for the appointment of the Director of Public
Prosecutions.
4. The agency(/s) responsible for writing the position description
and advertising the position of Director of the ODPP.
The position description was drafted, and advertising proposed by the
JACS, and agreed by the ACT Attorney-General.
5. The name of the recruitment firm selected in relation to filling
the position of Director of the ODPP, and all information as to the tender
process as to how they were selected.
The firm selected to assist was Future Leadership (formerly NGS Global),
following a competitive Request for Quote process. A copy of this tender
and contract are available at
[3]https://www.tenders.act.gov.au/contract/...
6. The names of those on the selection panel tasked with assessing
candidates for the position of ODPP, and the names and positions of those
who chose the selection panel.
The selection advisory panel was chaired by the Director-General of the
Justice and Community Safety Directorate Mr Richard Glenn. Mr Glenn was
supported by two external panellists from outside the ACT.
7. The date the position of Director of the ODPP was advertised, the date
applications closed, and the media outlets the position was advertised
in.
The position was first advertised on 9 December 2023, with applications
closing on 14 January 2024. Public notices were placed in The Canberra
Times and in the legal section of The Australian, the Weekend Australian,
the Australian Financial Review and the National Indigenous Times. An
advertisement was also placed on the ACT Jobs website, JACS website,
Seek.com and LinkedIn. In addition, the ACT Attorney General wrote
directly to the following stakeholders flagging the opportunity:
o the Attorneys-General of the Commonwealth and each state and territory
o the Directors of Public Prosecutions of the Commonwealth and each
state and territory
o the Presidents of the Bar Association of each state and territory
o the Presidents of the Law Societies on each state and territory
o the ACT Chief Justice
o the ACT Chief Magistrate
o the President of the ACT Civil and Administrative Tribunal
o the ACT Solicitor-General
o the ACT Human Rights Commission
o the Chair of the ACT Aboriginal and Torres Strait Islander Elected
Body
o the CEO of Legal Aid ACT
o the Executive Director of Canberra Community Law
o the President of the Women Lawyers Association of the ACT
o the Chair of the ACT Council of Social Service
o the CEO of Care Financial Counselling and the Consumer Law Centre
o the CEO of the Women’s Legal Centre
o the CEO of the Aboriginal Legal Service (NSW/ACT) Limited.
8. The total number of candidates who formally applied for the
position of Director of the ODPP.
Ten.
9. The total number of candidates who formally applied for the
position of Director of the ODPP who were already employed by the ACT, and
the total number who were external to the ACT ODPP.
Two applicants were employed by the ACT; nine were external to the ACT
ODDP.
10. The total number of candidates whose applications were seen by the
selection panel.
Ten.
11. The total number of candidates interviewed by the selection panel.
Four.
12. The selection criteria for the position of Director of the ODPP, and
the author(s) of the selection criteria.
Selection criteria included advocacy and legal skills, communication
skills, leadership and management skills, and broad personal qualities. A
copy of the candidate information pack is attached.
In addition, section 22 of the Act provides that a person shall not be
appointed as Director unless the person:
a. is a legal practitioner, and has been for not less that five years;
or
b. is admitted as a legal practitioner in a State or another Territory,
and has been for not less than five years or more; and
c. is less than 70 years of age and will not attain the age of 70 years
during the period of their appointment.
Please feel free to contact me should you have any queries.
Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[4][ACT-JACS request email]
GPO Box 158 Canberra ACT 2601
OFFICIAL
Good afternoon Trisham
I refer to the below correspondence and seek to clarify whether you
require access to further information?
Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[1][ACT-JACS request email]
GPO Box 158 Canberra ACT 2601
From: JACS FOI <[ACT-JACS request email]>
Sent: Saturday, April 13, 2024 10:58 AM
To: XYM <[FOI #11216 email]>
Subject: RE: Freedom of Information request - Appointment of Director of
the Department of Public Prosecutions
OFFICIAL
Good morning Trisham
I refer to your below request. The Justice and Community Safety
Directorate (JACS) has assessed your request and noted that the majority
of the documents would not be for release in line with previous decisions
relating to recruitment processes (please see JACS Disclosure Log -
[2]https://www.justice.act.gov.au/about-us/...).
JACS places importance on providing access to information that is in the
public interest to release. As such, we seek your agreement to provide
information as an informal response under section 8 of the Freedom of
Information Act 2016.
The answers to your questions and access to relevant information have been
set out below. Could you please confirm that you are satisfied with this
approach?
1. When a decision was made to appoint a Director of the ODPP to replace
Shane Drumgold, and by whom that decision was made.
It became necessary to replace Mr Drumgold SC as Director upon his
resignation, which was communicated on 4 August 2023 and took effect from
1 September 2023.
2. When a decision was made to appoint Anthony Williamson as Acting
Director of the ODPP, and by whom that decision was made.
Consistent with section 22 of the [3]Director of Public Prosecutions Act
1990 , each decision to appoint Mr Williamson SC on an acting basis was
taken by the Executive.
Mr Williamson’s instruments of appointment covered the following periods:
· 18 May 2023 – 13 June 2023 (NI2023-262)
· 14 June 2023 – 30 June 2023 (NI2023-293)
· 6 July 2023 – 30 August 2023 (NI2023-368)
· 31 August 2023 – 1 March 2024 (NI2023-518)
· 2 March 2024 – 1 May 2024 (NI2024-29)
3. When a decision was made to advertise for a permanent replacement
Director of the ODPP, and by whom that decision was made.
On 29 August 2023, the ACT Attorney-General directed the JACS to commence
a recruitment process for the appointment of the Director of Public
Prosecutions.
4. The agency(/s) responsible for writing the position description
and advertising the position of Director of the ODPP.
The position description was drafted, and advertising proposed by the
JACS, and agreed by the ACT Attorney-General.
5. The name of the recruitment firm selected in relation to filling
the position of Director of the ODPP, and all information as to the tender
process as to how they were selected.
The firm selected to assist was Future Leadership (formerly NGS Global),
following a competitive Request for Quote process. A copy of this tender
and contract are available at
[4]https://www.tenders.act.gov.au/contract/...
6. The names of those on the selection panel tasked with assessing
candidates for the position of ODPP, and the names and positions of those
who chose the selection panel.
The selection advisory panel was chaired by the Director-General of the
Justice and Community Safety Directorate Mr Richard Glenn. Mr Glenn was
supported by two external panellists from outside the ACT.
7. The date the position of Director of the ODPP was advertised, the date
applications closed, and the media outlets the position was advertised
in.
The position was first advertised on 9 December 2023, with applications
closing on 14 January 2024. Public notices were placed in The Canberra
Times and in the legal section of The Australian, the Weekend Australian,
the Australian Financial Review and the National Indigenous Times. An
advertisement was also placed on the ACT Jobs website, JACS website,
Seek.com and LinkedIn. In addition, the ACT Attorney General wrote
directly to the following stakeholders flagging the opportunity:
o the Attorneys-General of the Commonwealth and each state and territory
o the Directors of Public Prosecutions of the Commonwealth and each
state and territory
o the Presidents of the Bar Association of each state and territory
o the Presidents of the Law Societies on each state and territory
o the ACT Chief Justice
o the ACT Chief Magistrate
o the President of the ACT Civil and Administrative Tribunal
o the ACT Solicitor-General
o the ACT Human Rights Commission
o the Chair of the ACT Aboriginal and Torres Strait Islander Elected
Body
o the CEO of Legal Aid ACT
o the Executive Director of Canberra Community Law
o the President of the Women Lawyers Association of the ACT
o the Chair of the ACT Council of Social Service
o the CEO of Care Financial Counselling and the Consumer Law Centre
o the CEO of the Women’s Legal Centre
o the CEO of the Aboriginal Legal Service (NSW/ACT) Limited.
8. The total number of candidates who formally applied for the
position of Director of the ODPP.
Ten.
9. The total number of candidates who formally applied for the
position of Director of the ODPP who were already employed by the ACT, and
the total number who were external to the ACT ODPP.
Two applicants were employed by the ACT; nine were external to the ACT
ODDP.
10. The total number of candidates whose applications were seen by the
selection panel.
Ten.
11. The total number of candidates interviewed by the selection panel.
Four.
12. The selection criteria for the position of Director of the ODPP, and
the author(s) of the selection criteria.
Selection criteria included advocacy and legal skills, communication
skills, leadership and management skills, and broad personal qualities. A
copy of the candidate information pack is attached.
In addition, section 22 of the Act provides that a person shall not be
appointed as Director unless the person:
a. is a legal practitioner, and has been for not less that five years;
or
b. is admitted as a legal practitioner in a State or another Territory,
and has been for not less than five years or more; and
c. is less than 70 years of age and will not attain the age of 70 years
during the period of their appointment.
Please feel free to contact me should you have any queries.
Kind regards,
Freedom of Information
Justice and Community Safety Directorate
Governance, Coordination and Reporting
[5][ACT-JACS request email]
GPO Box 158 Canberra ACT 2601