Classification evaluation documents for the Chief Information and Digital Officer role

The request was partially successful.

Dear Federal Court of Australia,

I refer to vacancy VN-0705282 published on pages 76 - 79 in Public Service Gazette PS 19 Daily Gazette - Friday, 13 May 2022, which can be accessed here: https://www.apsjobs.gov.au/s/all-gazette...

The vacancy notification is for a Chief Information and Digital Officer role in the Federal Court of Australia.

According to the classification information for vacancy VN-0705282 the vacancy is classified at the Senior Executive Band 1 classification level.

Under the FOI Act, I request access to any and all classification evaluation documents for the Chief Information and Digital Officer role.

Yours faithfully,

raphael

External FOI, Federal Court of Australia

OFFICIAL
Dear Raphael

I acknowledge receipt of your request for access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act).

Kind regards

FOI Officer
Federal Court of Australia

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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

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External FOI, Federal Court of Australia

2 Attachments

OFFICIAL
Dear Raphael

Please find attached correspondence from the Federal Court of Australia.

Kind regards,

FOI Officer
Federal Court of Australia

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Dear B Henderson,

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 'Classification evaluation documents for the Chief Information and Digital Officer role'.

It is hard to believe that the disclosure of the redacted parts of the classification evaluation document are of such a nature that it would, or could reasonably be expected to:

a) have a substantial adverse effect on the management or assessment of personnel by the
Commonwealth or by an agency;
b) have a substantial adverse effect on the proper and efficient conduct of the operations
of an agency.

The 'substantial adverse effect' standard that Parliament enacted in relation to s 47E is a high bar.

I doubt section 47E applies to the document.

I also doubt that any deliberative content in the document is of such a nature that the disclosure of that deliberative content would not be in the public interest.

I have no interest in email addresses or telephone numbers. so you can redact those details. Otherwise, I challenge the reliance placed on s 47F of the FOI Act.

The recruitment processes of the Federal Court have been he subject of several media articles since February 2022 because the Court has been involved in dubious recruitment practices. The Court is, like every other institution, subject to the law. If the Court does not want to be subjected to media scrutiny, or the (questionable) scrutiny of the Australian Public Service Commission, or, obliquely, the scrutiny of the Commonwealth Ombudsman, or the public in general, the Court could do what it expects all others to do - abide by the law.

Refusing to provide access to documents because the Court may be subjected to scrutiny if the documents are granted access to is eye-crossingly silly and, ultimately, an unlawful consideration.

Transparent government is not exceptional; or, at least, should not be. It should be the norm. Public servants in the Court have nothing to fear if they abide by the law.

Is there something in that classification evaluation document that might raise eyebrows?

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,

raphael

External FOI, Federal Court of Australia

OFFICIAL
Dear Raphael,

I acknowledge receipt of your request below for an internal review of the decision made on behalf of the Federal Court of Australia and dated 18 July 2022.

Kind regards,

FOI Officer
Federal Court of Australia

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