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

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

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.

Under the FOI Act, I request access to any document that the APSC 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)).

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://www.fedcourt.gov.au/about/employ...

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-...).

So that it is not lost on anybody, 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 Australian Public Service Commission, even if it was done so in a collateral fashion.

Perhaps the Assistant Commissioner for Integrity, Performance and Employment Policy, Ms Giorgina Strangio, might want to do what the taxpayers of Australia pay her to do. Similarly, the First Assistant Commissioner, Mr Patrick Hetherington, might want to so what the taxpayers of Australia pay him to do.

Yours faithfully,

raphael

raphael left an annotation ()

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.

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Raphael

 

Acknowledgement of Receipt

 

The Australian Public Service Commission (APSC) acknowledges receipt of
your request under the Freedom of Information Act 1982 (FOI Act).

The timeframe for responding to your request is 30 days from the date of
receipt. This timeframe may be extended in certain circumstances. You will
be notified if these circumstances arise and the timeframe is extended.

 

Further Communication

 

In your correspondence you make unsubstantiated allegations towards APSC
staff. We request you refrain from making unsubstantiated allegations in
your correspondence and that you communicate in a respectful manner to
enable the APSC to appropriately manage and respond to your FOI request.

 

Federal Court Recruitment

 

Any queries you have regarding why a position advertised by the Federal
Court has been classified at multiple levels should be directed to the
Federal Court.

 

Regards

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

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FOI Officer,

I disagree that I have made unsubstantiated allegations against APSC staff. I also disagree that my comments have been disrespectful. I will substantiate anything that you think needs further substantiation.

raphael

FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

A decision notice is attached.

 

Regards

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

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Dear Australian Public Service Commission,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'Broadbanding across senior executive bands - vacancy VN-0703389 published on pages 420 - 422 in Public Service Gazette PS 14 Weekly Gazette - Thursday, 7 April 2022'.

What an odd response. You say that you have not been able to find any documents that set 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)). Yet the acting assistant commissioner for integrity, performance and employment policy, Kate McMullan made a finding that it is perfectly legitimate for a role in the Federal Court to have been classified over both the Executive Level 2 and SES1 classifications. Why don't you have a look at the conclusions that she set out in her PID report, which were reproduced in The Australian on 9 February 2022. Ms McMullan is quoted as saying that no finding of unlawfulness could be made about senior officials in the Federal Court "broadbanding" the National Judicial Registrar role to cheat the number of capped SES position available to the Federal Court Statutory Agency because “a role review process ... resulted in certain positions being found suitable for either a Legal 2 or (SES1) position, depending on the relative complexity and work load.”

Now how could Ms McMullan have made such a finding and let the senior management officials in the Federal Court who broadbanded the National Judicial Registrar role against the law off the hook if there are no documents in the possession of the APSC that demonstrate 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))?

Let's just make sure that Ms Strangio didn't make an error searching. I'll give the APSC an opportunity to search again. I request an internal review of the decision.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/b...

Yours faithfully,

raphael

FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

Please see the attached internal review decision notice.

 

Kind regards

 

FOI OFFICER

Legal Services

 

Australian Public Service Commission

Level 4, B Block, Treasury Building, Parkes Place West, PARKES ACT 2600
GPO Box 3176 CANBERRA ACT 2601

 

t: 02 6202 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

This email and any attachments may contain confidential or legally
privileged information, and neither are waived or lost if the email has
been sent in error. If you have received this email in error, please
delete it (including any copies) and notify the sender. Please consult
with APSC Legal Services before using disclosing any part of this email or
attachments to a third party.

 

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