Certification for SES selection processes

The request was partially successful.

Dear Federal Court of Australia,

Under the FOI Act 1982 I request access to all certificates issued under section 21(b) of the Australian Public Service Commissioner's Directions 2016, between 1 January 2018 and 31 December 2020, by representatives of the Australian Public Service Commissioner in relation to selection processes for Senior Executive Service vacancies in the Federal Court.

Do not redact content unless authorised under the law.

Documents can be provided to me by email.

Yours faithfully,

Christine

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Christine

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

4 Attachments

  • Attachment

    2022 04 21 FOI Decision Christine.pdf

    233K Download View as HTML

  • Attachment

    1.Commissioners Representative Certificate Senior Registrar redacted.pdf

    163K Download View as HTML

  • Attachment

    2.Commissioners Representative Certificate National Judicial Registrar and District Registrar QLD redacted.pdf

    334K Download View as HTML

  • Attachment

    3.Commissioners Representative Certificate National Judicial Registrar and District Registrar WA redacted.pdf

    335K Download View as HTML

OFFICIAL
Dear Christine,

Please find attached correspondence from the Federal Court of Australia.

Kind regards,

FOI Officer
Federal Court of Australia

show quoted sections

Dear Federal Court of Australia,

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

I am writing to request an internal review of Federal Court of Australia's handling of my FOI request 'Certification for SES selection processes'.

I have had a chance to scrutinise Registrar Hammerton Cole's decision and have noticed that one of the certifications for an SES selection process is missing.

According to a document published on the Federal Court of Australia's disclosure log, Susan O'Connor was selected to an SES Band 1 "National Judicial Registrar", on an ongoing full time basis on 19 November 2018 (please refer to "category D" of the document associated with request to of PA2925-06/9 on the disclosure log of the Federal Court: see https://fedcourt.gov.au/disclosurelog).

I have carefully reviewed the documents on the Federal Court's disclosure log at PA2925-06/13 and there is no certification for the selection process for an SES Band 1 "National Judicial Registrar". That documents has not been provided to me. Please provide the certification for the selection process for an SES Band 1 "National Judicial Registrar" role in accordance with the terms of my FOI request.

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

Yours faithfully,

Christine

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Christine

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Christine

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49266412-2655
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49266412-2655

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]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49266412-2655
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49266412-2655

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]

Christine left an annotation ()

REASONS FOR SEEKING IC REVIEW

I was unable to upload the internal review decision that I received from the Federal Court because the website claimed that the Federal Court's internal review decision had a virus.

My FOI request can be accessed on the Right to Know website - https://www.righttoknow.org.au/request/c...

My request for internal review can be accessed on the Right to Know website - https://www.righttoknow.org.au/request/c...

The internal review decision can be accessed on the Right to Know website - https://www.righttoknow.org.au/request/c...

The decision made by Nicola Colbran of the Federal Court is unbelievable. In my internal review request I stated:

I have had a chance to scrutinise Registrar Hammerton Cole's decision and have noticed that one of the certifications for an SES selection process is missing.

According to a document published on the Federal Court of Australia's disclosure log, Susan O'Connor was selected to an SES Band 1 "National Judicial Registrar", on an ongoing full time basis on 19 November 2018 (please refer to "category D" of the document associated with request to of PA2925-06/9 on the disclosure log of the Federal Court: see https://fedcourt.gov.au/disclosurelog).

I have carefully reviewed the documents on the Federal Court's disclosure log at PA2925-06/13 and there is no certification for the selection process for an SES Band 1 "National Judicial Registrar". That documents has not been provided to me. Please provide the certification for the selection process for an SES Band 1 "National Judicial Registrar" role in accordance with the terms of my FOI request.

Nicola Colbran has refused to provide access to a certification document that must have issued by the Australian Public Service Commissioner's representative in respect of the SES Band 1 "National Judicial Registrar" selection process. Ms O'Connor was recruited from outside the Australian Public Service and must, therefore, have applied for the SES Band 1 role. The Federal Court has refused to provide the vacancy notification for the SES Band 1 National Judicial Registrar role that Ms O'Connor succeeded in filling. The Federal Court has now refused to provide the selection certification issued under s 21 of the Commissioner's Directions 2016. I want access to that document.

Justice Greenwood has gone on the record noting, in an article published in The Australian on 10 February 2022, that the Senior Executive Band 1 classification that Murray Belcher ("the most senior registrar in Queensland") was denied (under Rule 6 of the Public Service Classification Rules 2000), even though he was selected to promotion to the National Judicial Registrar & District Registrar - QLD role, which had been allocated a classification of SES Band 1 under Rule 9 of the Public Service Classification Rules, was "taken elsewhere in the organisation". Could it be that the SES Band 1 classification that was supposed to be given to Murray Belcher was just allocated to Susan O'Connor even though there was no merit based selection process for an SES Band 1 "National Judicial Registrar" role? All other SES Band roles in the Federal Court Statutory Agency were certified by the Australian Public Service Commissioner's representative under s 21 of the Australian Public Service Commissioner's Directions 2016. Why not the SES Band 1 National Judicial Registrar role that Susan O'Connor was appointed to?

That's probably why Kate McMullan's investigation under the Public Interest Disclosure Act 2013 is now the subject of an investigation under section 8 of the Ombudsman Act. But Nicola Colbran would have access applicants on this site believe that the Court's PID investigation (plainly false) was independent and impartial (even though she goes on to claim, perhaps not realising she's shooting herself in the foot, that the independent and impartial PID Investigation is now the subject of an investigation by the Ombudsman, which, I might add, will only consider the APSC investigation and not the substantive PID investigation, which remains inadequately investigated).

The Federal Court, once respectable, is turning into the Family Court. Yikes!

Federal Court of Australia

1 Attachment

Our reference: MR22/00959

 

By email: [FOI #8488 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 MR22/00959.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

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