We don't know whether the most recent response to this request contains information or not – if you are raphael please sign in and let everyone know.

Broadbanding across EL2 and senior executive bands - vacancy VN-0703389 published on pages 420 - 422 in Public Service Gazette PS 14 Weekly Gazette - Thursday, 7 April 2022

We're waiting for raphael to read a recent response and update the status.

Dear Federal Court of Australia,

I refer to vacancy VN-0703389 published on pages 420 - 422 in Public Service Gazette PS 14 Weekly Gazette - Thursday, 7 April 2022, which can be accessed here: https://www.apsjobs.gov.au/s/all-gazette...

The vacancy notification is for Senior Judicial Registrar positions in the Federal Circuit and Family Court of Australia.

According to the classification information for vacancy NN-0703389 the vacancy is classified across 3 classification levels: Executive Level 2, Senior Executive Service Band 1; and Senior Executive Service Band 2.

I draw the prospective decision maker's attention to Assistant Secretary Bridie Dawson's letter of decision (https://www.righttoknow.org.au/request/s...). In that letter, Ms Dawson states:

Duties cannot be classified over more than one classification, as per the Public Service Classification Rules which states the following:

9 Classification of duties

(4) If a group of duties to be performed in an Agency involves work value applying to more than one classification, the Agency Head may allocate more than one classification (called a broadband) to the group of duties.

(5) However, subrule (4) does not apply to a group of duties to be performed by an SES employee.

Under the FOI Act, I request access to any document that the Federal Court has that sets out how it is that a single role (in this instance the Senior Judicial Registrar role in the Federal Circuit and Family Court of Australia) is capable of bearing those three classifications (i.e. EL2, SES1 and SES2) when the Public Service Classification Rules make it explicit that it is unlawful to broadband a role if it bears an SES band classification (see Public Service Classification Rules 2000, rr 9(4) and 9(5)).

Under the FOI Act, I also request:

a) classification evaluations for the EL2, SES1 and SES2 Senior Judicial Registrar role;
b) any and all documents relating to the broadbanding of the Senior Judicial Registrar role across the Executive Level 2, Senior Executive Band 1 and Senior Executive Band 2 classification bands.

Contextual information

While perusing the website of the Federal Court of Australia I came across a vacancy notice that piqued my interest. The vacancy notification was about Senior Judicial Registrar positions in the Federal Circuit and Family Court of Australia. The vacancy has been published here: https://fedcourt.gov.au/about/employment

There is a position description for the role on the Federal Court website. That position description has been reproduced in the annotation to this request.

The following salary information is provided in the position description of the website of the Federal Court:

A suitable remuneration package commensurate with experience will be negotiated for successful candidates, which will include base salary, and superannuation of 15.4% of base salary, and may include Executive Vehicle Allowance.

In the position description there is the following comment in relation to the classifications for the Senior Judicial Registrar role:

Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements.

As you know “[t]he option to broadband is available under rule 9(4) of the Public Service Classification Rules 2000 (the Classification Rules) which states that if a group of duties involves work requirements applying to more than one classification, the agency head may allocate more than one classification (a broadband) to the group of duties.

In practice, this means that where there are elements of work at two or more classifications that are very similar in nature, but vary in complexity, then an agency head may choose to broadband those classifications …

It should be noted that a broadband is allocated to the group of duties and not to the individual employee. Within the group of duties, agencies must ensure that there are discrete jobs at each classification level within the broadband, and that these jobs are aligned to the work value requirement of the relevant work level standards.
Rule 6(1) of the Classification Rules requires each employee in an agency to be allocated an approved classification. This means all employees performing duties in a broadband must still be allocated a single classification within that broadband. Agencies should ensure that as each employee advances through a broadband, the employee’s APS classification is adjusted to reflect the work value of the duties being performed.

Additionally, the Australian Public Service Commissioner’s Directions 2013 (the Directions) state that the advancement within a broadband is not considered a promotion.

A local title can be given to a broadband in addition to the approved APS classifications being broadbanded. Agencies are required to ensure that broadbands in their enterprise agreement clearly identify the approved APS classifications contained in the broadband.

SES classifications are excluded from broadbanding arrangements.”

(See pages 29 and 30 of the Australian Public Service Classification Guide on the website of the APSC at https://www.apsc.gov.au/working-aps/aps-...).

Broadbanding MEANS THAT WHERE THERE ARE ELEMENTS OR WORK AT TWO OR MORE CLASSIFICATIONS THAT ARE VERY SIMILAR IN NATURE, BUT VARY IN COMPLEXITY, THEN AN AGENCY HEAD MAY CHOOSE TO BROADBAND THOSE CLASSIFICATIONS. The Senior Judicial Registrar role in the Federal Circuit and Family Court of Australia has been broadbanded.

How, then, is it possible that the Senior Judicial Registrar role in the Federal Circuit and Family Court of Australia is classified so that the role bears “Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements?” The broadbanding contravenes the Public Service Classifications Rules 2000.

I would like it on the record that this information was drawn to the attention of the Federal Court, even if it was done so in a collateral fashion. This is part of the reason why the Ombudsman is investigating Kate McMullan's PID investigation (which related to senior officials in the Federal Court cheating the SES cap). Once again, the incompetence of, or utter contempt for the law felt by, the management of the Federal Court of Australia Statutory Agency has been exposed.

Just disgraceful.

raphael

Dear Federal Court of Australia,

Please find the position description published on the website of the Federal Court for vacancy VN-0703389 reproduced below

Senior Judicial Registrar

Court(s) Federal Circuit and Family Court of Australia (Division 1 and Division 2)

Category Family Law Registrars (Legal)

Classification Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements

Salary A suitable remuneration package commensurate with experience will be negotiated for successful candidates, which will include base salary, and superannuation of 15.4% of base salary, and may include Executive Vehicle Allowance

Employment type Ongoing or Non-ongoing (full-time and part-time) positions available

Location* Adelaide, Albury, Brisbane, Cairns, Canberra, Dandenong, Darwin, Dubbo, Hobart, Launceston, Lismore, Melbourne, Newcastle, Parramatta, Rockhampton, Sydney, Townsville, Wollongong

Reports to Chief Executive Officer and Principal Registrar, Federal Circuit and Family Court of Australia

About the Courts

This role sits within the Federal Circuit and Family Court of Australia (FCFCOA). On 1 September 2021, the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act) merged the administrative structure of the Family Court of Australia and the Federal Circuit Court of Australia into the FCFCOA. The FCFCOA comprises Division 1 (which is a continuation of the Family Court) and Division 2 (which is a continuation of the Federal Circuit Court). This structural reform is designed to create a framework in the FCFCOA to ensure that families have their matters dealt with as safely, quickly, efficiently and cost effectively as possible. Further detail is available on the FCFCOA website and via the following video link.

The FCFCOA (Division 1) is a superior court of record and a court of law and equity established by Parliament in 1975 under Chapter III of the Constitution. The Court’s purpose is to determine the most complex legal family disputes, cover specialised areas in family law, and provide national coverage as the family law appellate court. The Court maintains registries in all Australian States and Territories except Western Australia.

The FCFCOA (Division 2) is a federal court of record and a court of law and equity established by Parliament as an independent federal court under Chapter III of the Constitution. The jurisdiction of the FCFCOA (Division 2) includes family law and child support, which it shares with the FCFCOA (Division 1), and areas of general federal law, which is shares with the Federal Court of Australia. The FCFCOA (Division 2) sits in all capital cities, selected major regional centres, and also circuits to a number of regional locations. All family law proceedings now commence in the FCFCOA (Division 2).

Senior Judicial Registrars work seamlessly across both Courts. (See also the Agency Overview below).

Purpose of Recruitment

The Courts are seeking highly capable candidates who are enthusiastic, driven and motivated to assist in achieving the Courts’ objectives and perform the key functions of a Senior Judicial Registrar role (or potentially the position of a blended Senior Judicial Registrar and Judicial Registrar role).

This recruitment is an exciting opportunity to be involved in important family law court reforms that will lead to significant benefits for litigants through improved safety outcomes and minimising delays. The Courts received recent funding in the 2022/23 Budget for the national expansion of the ground-breaking Lighthouse project and to enhance culturally responsive support, which provides for further Senior Judicial Registrars, Judicial Registrars, Court Child Experts, Indigenous Family Liaison Officers, and support staff for the Courts. This funding builds on significant funding received by the Courts in the 2021/22 Budget to support fundamental family law court reforms. The recruitment of Senior Judicial Registrars by the Courts will assist the Courts to:
• enhance the ability of the Courts to respond to family violence and other risks to vulnerable parties and children,
• enhance culturally responsive support to Aboriginal and Torres Strait Islander peoples,
• alleviate substantial workload pressures on judges and make the Courts’ processes as efficient as possible,
• underpin the continuing implementation of fundamental structural family law reform and key initiatives, and
• ensure the capacity of the Courts to implement the FCFCOA Act, including the legislated single point of entry for family law filings and other required changes.

The recruitment will occur in the context of the Courts (led by the Hon. William Alstergren as the Head of Jurisdiction), continuing to implement a fundamental reform agenda focused on ensuring disputes are resolved in a just, timely and safe manner, with harmonised rules and procedures and a national emphasis on dispute resolution. A key tenet of this reform is a coherent approach to case management across the Courts nationally, with an enhanced role for Family Law Registrars in case management and dispute resolution processes. Family Law Registrars will also have a key role in the expanded Lighthouse project across 15 FCFCOA family law registries with its ground-breaking design to identify risk issues early and to support vulnerable parties and children.

There is now a clear career pathway, taking into account operational needs, for highly capable people who join the Courts as a Family Law Registrar, and who demonstrate the necessary skills, leadership and experience for an appropriate period of time, to progress through the relevant levels of Registrar roles. For Senior Judicial Registrars there is ultimately the possibility to be considered by Government for a Judicial appointment.

Position Overview

Senior Judicial Registrars exercising the judicial power of the Commonwealth pursuant to delegations, are responsible to the Chief Justice of the FCFCOA (Division 1)/Chief Judge of the FCFCOA (Division 2) and the Chief Executive Officer and Principal Registrar (CEO/PR) of the Courts. They will work closely with the CEO/PR in administering relevant family law legislation. They will support the CEO/PR through a key leadership role in exercising their powers, including hearing and determining defended interim hearings, interlocutory disputes, conducting complex conciliations and mediations and case management and contributing to national support arrangements for judges and registrars.

Senior Judicial Registrars will play a key role in implementing and achieving the intended aims of the Courts’ reforms and in delivering a range of important initiatives required by Government. They will also contribute to various Court Committees and registrar training and development.

Candidates for the role of Senior Judicial Registrar may also be considered for a leadership role in the implementation of initiatives to enhance culturally responsive support to Aboriginal and Torres Strait Islander peoples, through assisting with the management of the Indigenous Family Liaison Officers. They may also be considered for a leadership role relating to the national management of the implementation of the expanded Lighthouse model to family law registries nationally under the new case management pathway.

Key responsibilities and duties of the position
 Performing the delegated judicial functions at a high level, exercising delegated judicial power in family law matters in the FCFCOA (Division 1) and the FCFCOA (Division 2) pursuant to sections 98 and 254 of the FCFCOA Act, respectively and other legislative instruments;
 Carrying out delegated judicial functions locally and nationally by way of:
o presiding over Court hearings;
o carrying out high level and complex case management support for judges; and
o conducting various forms of high level and complex ADR in both property and parenting matters;
 Providing professional leadership to Judicial Registrars, including assisting to promote the professional development, mentoring and training of Judicial Registrars;
 Assisting the Courts with national operational matters in support of the Chief Justice/Chief Judge and the CEO/PR, as may be required; and
 Liaising with relevant community, government and professional stakeholders.

Reporting lines and key relationships

The position of Senior Judicial Registrar reports to the CEO/PR. Senior Judicial Registrars will work with the following: Chief Justice/Chief Judge, judges, the CEO/PR, the Deputy Principal Registrar, registrars and support staff, and key national operations staff. Senior Judicial Registrars will also liaise with the legal profession and Court users.

Professional qualifications, competencies and experience

Legal qualifications and admission as a practitioner of the High Court and/or the Supreme Court of a State or Territory of Australia are essential. Applicants should also have:

• a minimum of 7 years’ post admission experience;
• the ability to exercise delegated judicial powers and functions at a high level in family law matters in the FCFCOA (Division 1) and the FCFCOA (Division 2) pursuant to sections 98 and 254 of the FCFCOA Act, respectively, including the ability to preside over Court hearings and exercise judicial discretion;
• significant experience in the family law jurisdiction and related areas of law, including experience in parenting and financial matters;
• extensive experience in civil litigation in superior Courts of Australia, with a thorough understanding of litigation processes and strategies, including key steps in the high level case management of matters;
• a comprehensive understanding of ADR and negotiation frameworks generally, including how complex mediations and conciliations are undertaken. Training as a mediator with experience in conducting mediations, or experience participating in mediations or other dispute resolution processes, will be considered favourably;
 detailed knowledge and extensive understanding of relevant family law legislation, the jurisdiction of the FCFCOA (Division 1) and family law jurisdiction of the FCFCOA (Division 2), including the practices and procedures of both Courts;
 experience in leading and managing staff. Senior Judicial Registrars will have the ability to provide professional leadership to Judicial Registrars and Deputy Registrars and will lead through demonstrating their excellence in legal skills and their commitment to the Courts’ objectives and reforms;
 ability to identify and implement improved and innovative case management initiatives, and to participate in the development and implementation of national policies and procedures;
 a proven ability to:
- work autonomously and with the necessary authority and accountability in a senior managerial role;
- manage multiple responsibilities effectively and prioritise matters appropriately; and
- build and sustain positive relationships with a network of key stakeholders internally and externally.

Selection Criteria

1. Shapes Strategic Thinking

Relevant capabilities include:
• Inspires a sense of purpose and direction
• Focuses strategically
• Harnesses information and recognises opportunities
• Shows judgement, intelligence and common sense.

2. Achieves Results

Relevant capabilities include:
• Builds organisational capability and responsiveness
• Marshals professional expertise
• Steers and implements change and deals with uncertainty
• Ensures closure and delivers on intended results.

3. Exemplifies Personal Drive and Integrity

Relevant capabilities include:
• Demonstrates public service professionalism and probity
• Engages with risk and shows personal courage
• Commits to action
• Displays resilience
• Demonstrates self-awareness and a commitment to personal development.

4. Cultivates Productive Working Relationships

Relevant capabilities include:
• Nurtures internal and external relationships
• Facilitates cooperation and partnerships
• Values individual differences and diversity
• Guides, mentors and develops people.

5. Communicates with Influence

Relevant capabilities include:
• Communicates clearly
• Listens, understands and adapts to different audiences
• Negotiates persuasively.

Agency Overview

The Federal Court of Australia entity is the administrative organisation that engages employees under the Public Service Act 1999 to work in roles sitting in one or more of the following courts or Tribunal: FCFCOA (Division 1); FCFCOA (Division 2); Federal Court of Australia, and the National Native Title Tribunal. The Courts Administration Legislation Amendment Act 2016 established the Federal Court entity however, each court continues to maintain its distinct statutory identity, with separate functions and judicial independence. Employees engaged by the entity and working in roles in the FCFCOA are covered by the Federal Court of Australia Enterprise Agreement 2018–2021.

Recruitment Process

To apply, please complete the application form on the Court’s careers portal. If you have any issues with applying please email [email address]

Applications close Wednesday, 27 April 2022.

Contact Officer

For more information, confidential enquiries can be made to Catherine Bull, National Executive Coordinator; Judicial and Registrar Support at [email address].

raphael left an annotation ()

Senior Judicial Registrar

Court(s) Federal Circuit and Family Court of Australia (Division 1 and Division 2)

Category Family Law Registrars (Legal)

Classification Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements

Salary A suitable remuneration package commensurate with experience will be negotiated for successful candidates, which will include base salary, and superannuation of 15.4% of base salary, and may include Executive Vehicle Allowance

Employment type Ongoing or Non-ongoing (full-time and part-time) positions available

Location* Adelaide, Albury, Brisbane, Cairns, Canberra, Dandenong, Darwin, Dubbo, Hobart, Launceston, Lismore, Melbourne, Newcastle, Parramatta, Rockhampton, Sydney, Townsville, Wollongong

Reports to Chief Executive Officer and Principal Registrar, Federal Circuit and Family Court of Australia

About the Courts

This role sits within the Federal Circuit and Family Court of Australia (FCFCOA). On 1 September 2021, the Federal Circuit and Family Court of Australia Act 2021 (FCFCOA Act) merged the administrative structure of the Family Court of Australia and the Federal Circuit Court of Australia into the FCFCOA. The FCFCOA comprises Division 1 (which is a continuation of the Family Court) and Division 2 (which is a continuation of the Federal Circuit Court). This structural reform is designed to create a framework in the FCFCOA to ensure that families have their matters dealt with as safely, quickly, efficiently and cost effectively as possible. Further detail is available on the FCFCOA website and via the following video link.

The FCFCOA (Division 1) is a superior court of record and a court of law and equity established by Parliament in 1975 under Chapter III of the Constitution. The Court’s purpose is to determine the most complex legal family disputes, cover specialised areas in family law, and provide national coverage as the family law appellate court. The Court maintains registries in all Australian States and Territories except Western Australia.

The FCFCOA (Division 2) is a federal court of record and a court of law and equity established by Parliament as an independent federal court under Chapter III of the Constitution. The jurisdiction of the FCFCOA (Division 2) includes family law and child support, which it shares with the FCFCOA (Division 1), and areas of general federal law, which is shares with the Federal Court of Australia. The FCFCOA (Division 2) sits in all capital cities, selected major regional centres, and also circuits to a number of regional locations. All family law proceedings now commence in the FCFCOA (Division 2).

Senior Judicial Registrars work seamlessly across both Courts. (See also the Agency Overview below).

Purpose of Recruitment

The Courts are seeking highly capable candidates who are enthusiastic, driven and motivated to assist in achieving the Courts’ objectives and perform the key functions of a Senior Judicial Registrar role (or potentially the position of a blended Senior Judicial Registrar and Judicial Registrar role).

This recruitment is an exciting opportunity to be involved in important family law court reforms that will lead to significant benefits for litigants through improved safety outcomes and minimising delays. The Courts received recent funding in the 2022/23 Budget for the national expansion of the ground-breaking Lighthouse project and to enhance culturally responsive support, which provides for further Senior Judicial Registrars, Judicial Registrars, Court Child Experts, Indigenous Family Liaison Officers, and support staff for the Courts. This funding builds on significant funding received by the Courts in the 2021/22 Budget to support fundamental family law court reforms. The recruitment of Senior Judicial Registrars by the Courts will assist the Courts to:
• enhance the ability of the Courts to respond to family violence and other risks to vulnerable parties and children,
• enhance culturally responsive support to Aboriginal and Torres Strait Islander peoples,
• alleviate substantial workload pressures on judges and make the Courts’ processes as efficient as possible,
• underpin the continuing implementation of fundamental structural family law reform and key initiatives, and
• ensure the capacity of the Courts to implement the FCFCOA Act, including the legislated single point of entry for family law filings and other required changes.

The recruitment will occur in the context of the Courts (led by the Hon. William Alstergren as the Head of Jurisdiction), continuing to implement a fundamental reform agenda focused on ensuring disputes are resolved in a just, timely and safe manner, with harmonised rules and procedures and a national emphasis on dispute resolution. A key tenet of this reform is a coherent approach to case management across the Courts nationally, with an enhanced role for Family Law Registrars in case management and dispute resolution processes. Family Law Registrars will also have a key role in the expanded Lighthouse project across 15 FCFCOA family law registries with its ground-breaking design to identify risk issues early and to support vulnerable parties and children.

There is now a clear career pathway, taking into account operational needs, for highly capable people who join the Courts as a Family Law Registrar, and who demonstrate the necessary skills, leadership and experience for an appropriate period of time, to progress through the relevant levels of Registrar roles. For Senior Judicial Registrars there is ultimately the possibility to be considered by Government for a Judicial appointment.

Position Overview

Senior Judicial Registrars exercising the judicial power of the Commonwealth pursuant to delegations, are responsible to the Chief Justice of the FCFCOA (Division 1)/Chief Judge of the FCFCOA (Division 2) and the Chief Executive Officer and Principal Registrar (CEO/PR) of the Courts. They will work closely with the CEO/PR in administering relevant family law legislation. They will support the CEO/PR through a key leadership role in exercising their powers, including hearing and determining defended interim hearings, interlocutory disputes, conducting complex conciliations and mediations and case management and contributing to national support arrangements for judges and registrars.

Senior Judicial Registrars will play a key role in implementing and achieving the intended aims of the Courts’ reforms and in delivering a range of important initiatives required by Government. They will also contribute to various Court Committees and registrar training and development.

Candidates for the role of Senior Judicial Registrar may also be considered for a leadership role in the implementation of initiatives to enhance culturally responsive support to Aboriginal and Torres Strait Islander peoples, through assisting with the management of the Indigenous Family Liaison Officers. They may also be considered for a leadership role relating to the national management of the implementation of the expanded Lighthouse model to family law registries nationally under the new case management pathway.

Key responsibilities and duties of the position
 Performing the delegated judicial functions at a high level, exercising delegated judicial power in family law matters in the FCFCOA (Division 1) and the FCFCOA (Division 2) pursuant to sections 98 and 254 of the FCFCOA Act, respectively and other legislative instruments;
 Carrying out delegated judicial functions locally and nationally by way of:
o presiding over Court hearings;
o carrying out high level and complex case management support for judges; and
o conducting various forms of high level and complex ADR in both property and parenting matters;
 Providing professional leadership to Judicial Registrars, including assisting to promote the professional development, mentoring and training of Judicial Registrars;
 Assisting the Courts with national operational matters in support of the Chief Justice/Chief Judge and the CEO/PR, as may be required; and
 Liaising with relevant community, government and professional stakeholders.

Reporting lines and key relationships

The position of Senior Judicial Registrar reports to the CEO/PR. Senior Judicial Registrars will work with the following: Chief Justice/Chief Judge, judges, the CEO/PR, the Deputy Principal Registrar, registrars and support staff, and key national operations staff. Senior Judicial Registrars will also liaise with the legal profession and Court users.

Professional qualifications, competencies and experience

Legal qualifications and admission as a practitioner of the High Court and/or the Supreme Court of a State or Territory of Australia are essential. Applicants should also have:

• a minimum of 7 years’ post admission experience;
• the ability to exercise delegated judicial powers and functions at a high level in family law matters in the FCFCOA (Division 1) and the FCFCOA (Division 2) pursuant to sections 98 and 254 of the FCFCOA Act, respectively, including the ability to preside over Court hearings and exercise judicial discretion;
• significant experience in the family law jurisdiction and related areas of law, including experience in parenting and financial matters;
• extensive experience in civil litigation in superior Courts of Australia, with a thorough understanding of litigation processes and strategies, including key steps in the high level case management of matters;
• a comprehensive understanding of ADR and negotiation frameworks generally, including how complex mediations and conciliations are undertaken. Training as a mediator with experience in conducting mediations, or experience participating in mediations or other dispute resolution processes, will be considered favourably;
 detailed knowledge and extensive understanding of relevant family law legislation, the jurisdiction of the FCFCOA (Division 1) and family law jurisdiction of the FCFCOA (Division 2), including the practices and procedures of both Courts;
 experience in leading and managing staff. Senior Judicial Registrars will have the ability to provide professional leadership to Judicial Registrars and Deputy Registrars and will lead through demonstrating their excellence in legal skills and their commitment to the Courts’ objectives and reforms;
 ability to identify and implement improved and innovative case management initiatives, and to participate in the development and implementation of national policies and procedures;
 a proven ability to:
- work autonomously and with the necessary authority and accountability in a senior managerial role;
- manage multiple responsibilities effectively and prioritise matters appropriately; and
- build and sustain positive relationships with a network of key stakeholders internally and externally.

Selection Criteria

1. Shapes Strategic Thinking

Relevant capabilities include:
• Inspires a sense of purpose and direction
• Focuses strategically
• Harnesses information and recognises opportunities
• Shows judgement, intelligence and common sense.

2. Achieves Results

Relevant capabilities include:
• Builds organisational capability and responsiveness
• Marshals professional expertise
• Steers and implements change and deals with uncertainty
• Ensures closure and delivers on intended results.

3. Exemplifies Personal Drive and Integrity

Relevant capabilities include:
• Demonstrates public service professionalism and probity
• Engages with risk and shows personal courage
• Commits to action
• Displays resilience
• Demonstrates self-awareness and a commitment to personal development.

4. Cultivates Productive Working Relationships

Relevant capabilities include:
• Nurtures internal and external relationships
• Facilitates cooperation and partnerships
• Values individual differences and diversity
• Guides, mentors and develops people.

5. Communicates with Influence

Relevant capabilities include:
• Communicates clearly
• Listens, understands and adapts to different audiences
• Negotiates persuasively.

Agency Overview

The Federal Court of Australia entity is the administrative organisation that engages employees under the Public Service Act 1999 to work in roles sitting in one or more of the following courts or Tribunal: FCFCOA (Division 1); FCFCOA (Division 2); Federal Court of Australia, and the National Native Title Tribunal. The Courts Administration Legislation Amendment Act 2016 established the Federal Court entity however, each court continues to maintain its distinct statutory identity, with separate functions and judicial independence. Employees engaged by the entity and working in roles in the FCFCOA are covered by the Federal Court of Australia Enterprise Agreement 2018–2021.

Recruitment Process

To apply, please complete the application form on the Court’s careers portal. If you have any issues with applying please email hr@fedcourt.gov.au
Applications close Wednesday, 27 April 2022.

Contact Officer

For more information, confidential enquiries can be made to Catherine Bull, National Executive Coordinator; Judicial and Registrar Support at catherine.bull@fcfcoa.gov.au.

Dear Federal Court of Australia,

Would you please acknowledge receipt of my FOI request? A response was due on 6 May 2022.

Yours faithfully,

raphael

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Raphael

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Customer Service,

3 Attachments

OFFICIAL

 

Dear Raphael

 

Please find letter attached.

 

Kind Regards

Mike

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [1][email address]
w. [2]www.fcfcoa.gov.au
[3]cid:image001.jpg@01D7CFC4.01686F00

[4]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

 

References

Visible links
1. mailto:[email address]
2. http://www.fcfcoa.gov.au/

Dear Mr Raine,

Thank you for your email.

I do not agree to the requested extension of time. It is not my fault that the Federal Court decided to sit on its hands until 16 May 2022.

I would be content to grant an extension of time until 27 May 2022.

The FOI request is not onerous.

I have requested a few documents. You should be able to identify them in a few minutes if they have been properly stored. Accordingly, the Federal Circuit and Family Court of Australia does not need an extension of time of a month. The extension that I am prepared to grant is more than generous.

Yours sincerely,

raphael

Customer Service,

2 Attachments

OFFICIAL

 

Dear Raphael

 

I refer to your below email.  Thank you for providing your consent for an
extension of time to 27 May 2022 in relation to your FOI request. I
confirm that the Court has notified the Office of the Australian
Commissioner (OAIC) in relation to your consent pursuant to s 15AA of the
Freedom of Information Act 1982 (Cth).

 

Although you note in your below email that you do not agree to any further
extension of time, I note that the Court has commenced undertaking
searches to identify documents within the scope of your request.  The
Court requires further time to complete these searches to ensure that all
reasonable steps are taken in relation to your request.

 

The Court again seeks your consent to an extension of time to 22 June 2022
to enable the Court to complete your request.  I note that absent your
consent to a further extension the Court proposes to apply to the OAIC to
request an extension of time.  As such I would appreciate a response by
close of business on 26 May 2022.  The Court will continue to process your
request while awaiting any response from the OAIC.

 

Kind Regards

Mike Raine
Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [1][email address]
w. [2]www.fcfcoa.gov.au
[3]cid:image001.jpg@01D7CFC4.01686F00

[4]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

show quoted sections

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49253575-2648
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49253575-2648

To check the progress of your submission and/or confirm it has been
received you should contact the agency that provides the form. These
details are displayed below.
 
 
Office of the Australian Information Commissioner
[2]http://www.oaic.gov.au | [3]1300 363 992 | [4][email address]
GPO Box 5218, Sydney NSW 2001
 
 
Note: Please do not reply to this auto-generated email.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Federal Court of Australia

1 Attachment

Our reference: MR22/00952

 

By email: [FOI #8787 email]

Receipt of your IC review application  

Thank you for your application for Information Commissioner Review (IC
review).

The Office of the Australian Information Commissioner (OAIC) is
considering your application.

If you wish to advise the OAIC of any changes to your circumstances,
including your contact details or if your FOI request has been resolved,
please write to [email address] and quote MR22/00952.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

MCMAHON,Eoin,

6 Attachments

Dear Applicant,

Please see attached decision regarding the Federal Circuit and Family
Court of Australia’s application for an extension of time to process FOI
request 2021-22/25.

 

Kind regards,

 

 

[1][IMG]   Eoin McMahon  |  Review Adviser

Investigations and Compliance

Freedom of Information
Regulatory Group

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9942 4028 | 
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon Information
Matters

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. https://aus01.safelinks.protection.outlo...
3. mailto:[email address]
4. https://aus01.safelinks.protection.outlo...
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
8. https://www.oaic.gov.au/updates/sign-up/

Customer Service,

2 Attachments

OFFICIAL

 

Dear Raphael

 

I refer to my below email.  As you may be aware on 17 June 2022 the Office
of the Australian Information Commissioner refused the Court’s application
for an extension of time to 22 June 2022 (Ref: RQ22/01956), including
because you have now lodged an IC review of what is now a deemed refusal
(Ref: MR22/00952).

 

I confirm that the Court has been continuing to process you request, and
that the response is close to being finalised.  The Court will be in a
position to respond by no later than 22 June 2022.

 

In order to allow your IC Review to proceed against an actual, rather than
the deemed decision in accordance with s 54Y of the Freedom of Information
Act 1982 (Cth), the Court has now applied for an extension under s 15AC to
22 June 2022.

 

Kind Regards

Mike

Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [1][email address]
w. [2]www.fcfcoa.gov.au
[3]cid:image001.jpg@01D7CFC4.01686F00

[4]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

 

From: Customer Service
Sent: Wednesday, 25 May 2022 8:04 AM
To: [FOI #8787 email]
Subject: RE: Letter dated 16 May 2022 [SEC=OFFICIAL]

 

OFFICIAL

 

Dear Raphael

 

I refer to your below email.  Thank you for providing your consent for an
extension of time to 27 May 2022 in relation to your FOI request. I
confirm that the Court has notified the Office of the Australian
Commissioner (OAIC) in relation to your consent pursuant to s 15AA of the
Freedom of Information Act 1982 (Cth).

 

Although you note in your below email that you do not agree to any further
extension of time, I note that the Court has commenced undertaking
searches to identify documents within the scope of your request.  The
Court requires further time to complete these searches to ensure that all
reasonable steps are taken in relation to your request.

 

The Court again seeks your consent to an extension of time to 22 June 2022
to enable the Court to complete your request.  I note that absent your
consent to a further extension the Court proposes to apply to the OAIC to
request an extension of time.  As such I would appreciate a response by
close of business on 26 May 2022.  The Court will continue to process your
request while awaiting any response from the OAIC.

 

Kind Regards

Mike Raine
Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [5][email address]
w. [6]www.fcfcoa.gov.au
[7]cid:image001.jpg@01D7CFC4.01686F00

 

[8]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

 

show quoted sections

Customer Service,

3 Attachments

OFFICIAL

 

Dear Raphael

 

Please find attached the decision in relation to your request under the
Freedom of Information Act 1982 (Cth).

 

Kind Regards

Mike

Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [1][email address]
w. [2]www.fcfcoa.gov.au
[3]cid:image001.jpg@01D7CFC4.01686F00

[4]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

 

From: Customer Service
Sent: Monday, 20 June 2022 12:30 PM
To: [FOI #8787 email]
Subject: RE: Letter dated 16 May 2022 [SEC=OFFICIAL]

 

OFFICIAL

 

Dear Raphael

 

I refer to my below email.  As you may be aware on 17 June 2022 the Office
of the Australian Information Commissioner refused the Court’s application
for an extension of time to 22 June 2022 (Ref: RQ22/01956), including
because you have now lodged an IC review of what is now a deemed refusal
(Ref: MR22/00952).

 

I confirm that the Court has been continuing to process you request, and
that the response is close to being finalised.  The Court will be in a
position to respond by no later than 22 June 2022.

 

In order to allow your IC Review to proceed against an actual, rather than
the deemed decision in accordance with s 54Y of the Freedom of Information
Act 1982 (Cth), the Court has now applied for an extension under s 15AC to
22 June 2022.

 

Kind Regards

Mike

Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters
| p. 1300 720 980 – federal law
matters

e. [5][email address]
w. [6]www.fcfcoa.gov.au
[7]cid:image001.jpg@01D7CFC4.01686F00

 

[8]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

 

 

From: Customer Service
Sent: Wednesday, 25 May 2022 8:04 AM
To: [9][FOI #8787 email]
Subject: RE: Letter dated 16 May 2022 [SEC=OFFICIAL]

 

OFFICIAL

 

Dear Raphael

 

I refer to your below email.  Thank you for providing your consent for an
extension of time to 27 May 2022 in relation to your FOI request. I
confirm that the Court has notified the Office of the Australian
Commissioner (OAIC) in relation to your consent pursuant to s 15AA of the
Freedom of Information Act 1982 (Cth).

 

Although you note in your below email that you do not agree to any further
extension of time, I note that the Court has commenced undertaking
searches to identify documents within the scope of your request.  The
Court requires further time to complete these searches to ensure that all
reasonable steps are taken in relation to your request.

 

The Court again seeks your consent to an extension of time to 22 June 2022
to enable the Court to complete your request.  I note that absent your
consent to a further extension the Court proposes to apply to the OAIC to
request an extension of time.  As such I would appreciate a response by
close of business on 26 May 2022.  The Court will continue to process your
request while awaiting any response from the OAIC.

 

Kind Regards

Mike Raine
Freedom of Information Officer

 

Customer Service

Federal Circuit and Family Court of
Australia

p. 1300 352 000 - family law matters |
p. 1300 720 980 – federal law matters

e. [10][email address]
w. [11]www.fcfcoa.gov.au
[12]cid:image001.jpg@01D7CFC4.01686F00

 

[13]cid:image003.png@01D81CF4.2DF92410 I acknowledge the Australian
Aboriginal and Torres Strait
Islander peoples as the first
inhabitants of the nation and the
traditional custodians of the lands
where we live, learn and work.

 

 

 

show quoted sections

OAIC - FOI DR,

5 Attachments

OAIC reference: MR22/00952
Agency reference: 2021-22/25

Mr Raphael Lucchese

By email: [1][FOI #8787 email]

Your IC review application about the Federal Court of Australia

Dear Mr Lucchese

I write to you regarding your application for Information Commissioner
review (IC review) of a decision the Federal Court of Australia (the
Federal Court) was deemed to have made on 27 May 2022.

On 22 June 2022, the Federal Court notified the Office of the Australian
Information Commissioner (the OAIC) it had made a substantive decision to
refuse access to the documents you requested.

Can you please notify us by 11 July 2022, if you now wish to:

o Withdraw the IC review application, or
o Proceed with the IC review application, including submissions about
the grounds on which you wish to proceed.

I note that s 54W(a)(ii) of the FOI Act provides that the Information
Commissioner may decide not to undertake an IC review where an applicant
fails to cooperate in progressing an IC review application without
reasonable excuse. Should we not receive a response from you to this email
by 11 July 2022, your IC review application may be finalised by a delegate
of the Information Commissioner under s 54W(a)(ii).

If you have any questions, please contact me via email at
[2][email address]. Please quote OAIC reference number at the top of
this email in all correspondence.

Yours sincerely

 

Alistair B

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992  |  [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #8787 email]
2. mailto:[email address]
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...

Dear OAIC - FOI DR,

Thank you for your email Alistair B.

In your email, you ask me to withdraw my request for IC review or to set out the grounds upon which I wish to proceed with the IC review request.

I do not intend to withdraw the IC review request.

It is unacceptable that Mr Raine's response to my FOI request is that the documents do not exist. I do not believe him. How could the documents that I requested not exist?

Under rule 9 of the Public Service Classification Rules 2000 (Cth), an agency head, or his or her delegate, must allocate a classification to a group of duties after an objective assessment of the duties against the Australian Public Service Commissioner's work level standards. The Federal Court / Federal Circuit Court & Family Court have advertised Senior Judicial Registrar positions in the Federal Circuit and Family Court of Australia. In the position description for the roles, there is the following comment in relation to the classifications for the Senior Judicial Registrar role:

Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements.

As you would be aware, “[t]he option to broadband is available under rule 9(4) of the Public Service Classification Rules 2000 (the Classification Rules) which states that if a group of duties involves work requirements applying to more than one classification, the agency head may allocate more than one classification (a broadband) to the group of duties.

In practice, this means that where there are elements of work at two or more classifications that are very similar in nature, but vary in complexity, then an agency head may choose to broadband those classifications …

It should be noted that a broadband is allocated to the group of duties and not to the individual employee. Within the group of duties, agencies must ensure that there are discrete jobs at each classification level within the broadband, and that these jobs are aligned to the work value requirement of the relevant work level standards ...

SES classifications are excluded from broadbanding arrangements."

How, then, is it possible that the Senior Judicial Registrar role in the Federal Circuit and Family Court of Australia is classified so that the role bears “Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements?” The broadbanding contravenes subrule 9(5) of the Public Service Classifications Rules 2000.

The Australian Public Service Classification Guide, which can be accessed on the website of the Australian Public Service Commission, sets out the following propositions about keeping records to maintain the integrity of the assessment and classification of roles under the Public Service Act 1999 and the Public Service Classification Rules 2000 (Cth):

1) “Making a decision to allocate an approved classification to a job is needed when

• creating a new role
• evaluating an existing role that has undergone a substantial change in the duties to be performed (for example, machinery of government changes, a restructure or reorganisation within the agency, or a new policy)
• confirming the appropriate work value of a job prior to commencing recruitment action.”

2) “It is important to ensure that a detailed, factual and up to date picture of the role being classified is established and documented prior to making a decision on the classification level.”

3) “A record must be kept of decisions made when exercising delegated authority under the PS Act or the Classification Rules.”

4) “Documenting reasons for the decision is also necessary to safeguard the integrity and transparency of the decision outcome.”

5) “Classification decisions need to be based on a suitably thorough investigation, including:

• work analysis leading to job design
• reasons for the classification level allocated, including the job analysis and assessment of work value
• details of the assessment made regarding changes in work value where the job is reclassified."

6) “Documented reasons provide valuable historical information that will assist any subsequent review of a job, particularly where changes in work value need to be assessed.”

7) “Maintaining such records ins important to an agency’s ability to manage its classification arrangements.”

8) “Thorough information and documentation procedures relating to classification decisions are necessary elements in safeguarding the integrity of the process.”

9) “A decision to allocate a new or revised classification level to a job is made under delegated authority under the Public Service Act 1999 and the Public Service Classification Rules 2000. This means a record of the decision must be made, including the reasons for the decision.”

10) “Adequate documentation in support of classification decisions can also provide valuable information to assist any subsequent review of a job where, for example, further work value changes may need to be assessed.”

11) “Appropriate documentation includes, but is not limited to, job descriptions, completed questionnaires and interviews. Other supporting documentation may include:

• background information (who initiated the action and why)
• in the case of a new role – some evidence that the need for the new role had been established
• an assessment of the resource impact of the creation or reclassification
• an analysis leading to task and job design
• supporting reasons for the classification decision, including reference to the comparisons made with formal standards
• in the case of a reclassification – a summary and assessment of work value change, including reference to the authority for the change.”

12) “Maintaining such records is important to an agency’s ability to manage its classification arrangements effectively.”

Somebody must have followed the rules. Somebody must have made a record of the classifications that were to allocated to the Senior Judicial Registrar roles. Somebody must have conducted an assessment of the groups of duties to be performed against objective standards and kept records of these assessments.

I also object to the way that the Federal Circuit and Family Court of Australia handled my FOI request. It took Mr Raine more than 60 days to tell me that the Federal Circuit & Family Court didn't have access to a document. He did not contact the OAIC to request an extension of time to conduct his searches or to deliver his decision outside the 30 day period permitted by the FOI Act. He contravened the FOI Act. I am not prepared to let this slide. I wish to complain about the manner in which the FOI request I made to the Federal Circuit and Family Court of Australia was handled under section 70 of the FOI Act.

Yours sincerely,

raphael

OAIC - FOI DR,

5 Attachments

OAIC reference: MR22/00952
Agency reference: 2021-22/25

Mr Raphael Lucchese

By email to: [1][FOI #8787 email]

Dear Mr Lucchese

Thank you for your email advising that you wish to proceed with the IC
review.

We understand that you are seeking a review of:

o The searches undertaken by the Federal Court to identify all documents
relevant to your request.

This matter will now proceed to assessment by a senior member of the FOI
team.

Once assessed, we will contact you with an update on next steps.

If you have any enquiries about this matter in the meantime, please
contact us at [2][email address].

Yours sincerely

Alistair B

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992  |  [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

 

 

show quoted sections

OAIC - FOI DR,

6 Attachments

Our reference: RQ22/02216

Agency reference: 2021-22/25

Raphael

Sent by email: [1][FOI #8787 email]

Extension of time under s 15AC

Dear Applicant

 

Please see attached a decision regarding the Federal Circuit and Family
Court of Australia’s application for an extension of time to process FOI
request 2021-22/25.

 

The OAIC will contact you separately today regarding your current IC
review MR22/00952 and provide a case update.

 

Kind regards,

 

Jasmin Clarke

[2][IMG]   Intake and Early Resolution Team

Freedom of Information

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992  |  [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to OAICnet newsletter

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #8787 email]
2. https://aus01.safelinks.protection.outlo...
3. https://aus01.safelinks.protection.outlo...
4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

OAIC - FOI DR,

5 Attachments

OAIC reference: MR22/00952

Agency reference: 2021-22/25

Mr Raphael Lucchese
By email: [1][FOI #8787 email]

Dear Mr Lucchese

Thank you for your application for Information Commissioner review (IC
review). We have today informed the Federal Circuit and Family Court of
Australia that the Information Commissioner will undertake an IC review
and requested information to assist with progressing the review.

Should you receive a revised decision from the agency in the interim,
please let us know as soon as practicable and advise whether you wish to
withdraw your IC review or proceed with a review of the revised decision.
Should you wish to proceed, please include a submission about the grounds
on which you wish to proceed to assist us in progressing your application
and provide a submission that may be shared with the agency. The
submission should:

 1. identify the aspect(s) of the agency or Minister’s decision about
which the review is sought
 2. state why you disagree with the agency or Minister’s decision
 3. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied

We will otherwise provide you with an update when we have received a
response.

Sincerely

Alistair Boyd

[2][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992  |  [4][email address]
[5][IMG] | [6][IMG] | [7][IMG] |   [8]Subscribe to OAICnet newsletter

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #8787 email]
2. https://aus01.safelinks.protection.outlo...
3. https://aus01.safelinks.protection.outlo...
4. mailto:[email address]
5. https://aus01.safelinks.protection.outlo...
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...

OAIC - FOI DR,

7 Attachments

OAIC Ref: MR22/00952

FCFCOA Ref: 2021-22/25

 

Mr Raphael Lucchese

By Email: [1][FOI #8787 email]

 

Dear Mr Lucchese

 

I refer to your application for IC review of a deemed refusal of your FOI
request made to the Federal Circuit and Family Court of Australia (the
FCFCOA).

 

The FCFCOA has provided the attached documents in response to the OAIC’s
request for information. It includes a statement of reasons on its
substantive decision, outlining its reasons for refusing access to the
documents you requested; and a statement of submissions outlining to the
OAIC why it considers the FOI request should be refused under section
24A(1)(b)(ii) of the Freedom of Information Act, specifically, that the
documents do not exist.

 

You are invited to provide further submissions in response. Please provide
a response to the OAIC by 15 September 2022. Once received, I will
progress your application to be assessed by a senior member of the FOI
team.

 

If you have any questions or concerns, please contact me at
[2][email address].

 

Yours sincerely

 

Alistair B

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992  |  [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #8787 email]
2. mailto:[email address]
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...

Dear Mr Boyd,

I have reviewed Ms Virginia Wilson’s reasons for refusing access to the documents. They are unsatisfactory.

As I have already pointed out, under rule 9 of the Public Service Classification Rules 2000 (Cth), an agency head, or his or her delegate, must allocate a classification to a group of duties after an objective assessment of the duties against the Australian Public Service Commissioner's work level standards. The Federal Court / Federal Circuit Court & Family Court have advertised Senior Judicial Registrar positions in the Federal Circuit and Family Court of Australia. In the position description for the roles, there is the following comment in relation to the classifications for the Senior Judicial Registrar role:
Senior Executive Service Band 2 or Senior Executive Service Band 1 or Executive Level 2 depending on the scope and complexity of the position and operational requirements.

As I have already pointed out:

“[t]he option to broadband is available under rule 9(4) of the Public Service Classification Rules 2000 (the Classification Rules) which states that if a group of duties involves work requirements applying to more than one classification, the agency head may allocate more than one classification (a broadband) to the group of duties.

In practice, this means that where there are elements of work at two or more classifications that are very similar in nature, but vary in complexity, then an agency head may choose to broadband those classifications …

It should be noted that a broadband is allocated to the group of duties and not to the individual employee. Within the group of duties, agencies must ensure that there are discrete jobs at each classification level within the broadband, and that these jobs are aligned to the work value requirement of the relevant work level standards …

SES classifications are excluded from broadbanding arrangements."

So what would the Deputy Principal Registrar of the Federal Circuit and Family Court have me believe? That somebody just plucked some classifications out of thin air and decided “these should do”? How was a determination made that the advertised Senior Judicial Registrar role would vary in complexity? How was a determination made that the advertised Senior Judicial Registrar role would vary in “scope”? I find it hard to believe that there is not a single document in the possession of the agency that does not meet the terms of my request. The decision is ludicrous. The Deputy Principal Registrar might as well come out and say “the administrators of the Federal Circuit and Family Court operate by their own rules; the administrators of the Federal Circuit and Family Court are laws unto themselves.”

I doubt candid reasons will be provided by the Federal Circuit and Family Court as to why the Senior Judicial Registrar role has been broadbanded across SES classifications on the basis of the relative complexity of the work associated with the distinctly classified role; they aren't obligated to provide such reasons under the FOI Act. I think the Information Commissioner should force the Federal Circuit and Family Court to conduct better and more complete searches of the records of the agency. What else can be done?

Yours sincerely,

Raphael

OAIC - FOI DR,

Thank you for your email.   

  

This is an automated response to confirm that your email was received by
the Office of the Australian Information Commissioner (the OAIC) Freedom
of Information Dispute Resolution (FOIDR) mailbox.  

 

Please note this mailbox is monitored between 9 am to 5 pm on Monday to
Friday, excluding public holidays and shutdown periods.  

 

New review applications and FOI complaints  

If you are seeking to lodge an application for review of an FOI decision
or a complaint about an agency’s processing of an FOI request, the OAIC
will write to you shortly.   

  

Information regarding the IC review process can be found
at: [1]https://www.oaic.gov.au/freedom-of-infor...
in [2]Part 10 of the [3]FOI Guidelines.  

  

Information regarding the FOI complaints process can be found
at: [4]https://www.oaic.gov.au/freedom-of-infor...
in [5]Part 11 of the [6]FOI Guidelines.  

 

Submissions for existing IC review matters and FOI complaints   

If you have provided submissions for a matter currently with the OAIC,
your correspondence will be attached to the relevant file. The review
adviser responsible for the matter will contact you should further
information regarding the submissions be required.  

 

Records of other agencies  

Please note that the OAIC does not hold records of other government
agencies. If you wish to request access to documents of another agency,
you will need to make a request to that agency under the FOI Act.
Information about [7]how to make an FOI request is available on the OAIC
website.  

 

General information  

The following information is available on the OAIC [8]website:  

·    FOI
reviews:  [9]https://www.oaic.gov.au/freedom-of-infor...

  

·    FOI
complaints: [10]https://www.oaic.gov.au/freedom-of-infor...

  

·    Extension of time for processing FOI
requests: [11]https://www.oaic.gov.au/freedom-of-infor...

 

We have also published guidance on applicants’ [12]review rights and
frequently asked questions for [13]individuals and [14]agencies.  

  

If you have any further enquiries, please contact the OAIC Enquiries Line
on 1300 363 992.  

  

Kind regards  

  

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/freedom-of-infor...
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://www.oaic.gov.au/freedom-of-infor...
4. https://www.oaic.gov.au/freedom-of-infor...
5. https://www.oaic.gov.au/freedom-of-infor...
6. https://www.oaic.gov.au/freedom-of-infor...
7. https://www.oaic.gov.au/freedom-of-infor...
8. https://www.oaic.gov.au/
9. https://www.oaic.gov.au/freedom-of-infor...
10. https://www.oaic.gov.au/freedom-of-infor...
11. https://www.oaic.gov.au/freedom-of-infor...
12. http://www.oaic.gov.au/freedom-of-inform...
13. https://www.oaic.gov.au/freedom-of-infor...
14. https://www.oaic.gov.au/freedom-of-infor...

OAIC - FOI DR,

5 Attachments

OAIC reference: MR22/00952
Agency reference: 2021-22/25

Mr Raphael Lucchese

By email to: [1][FOI #8787 email]

Dear Mr Lucchese

Thank you for your email advising that you wish to proceed with the IC
review.

We understand that you are seeking a review of:

o The searches undertaken by the Department to identify all documents
relevant to your request.

This matter will now proceed to assessment by a senior member of the FOI
team.

Once assessed, we will contact you with an update on next steps.

If you have any enquiries about this matter in the meantime, please
contact us at [2][email address].

Yours sincerely

Alistair B

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

1300 363 992  |  [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are raphael please sign in and let everyone know.