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"Configuration" of SES role in Federal Court

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Dear Federal Court of Australia,

This email is a request in writing for access to documents under the Freedom of Information Act 1982. You may send notices and documents to me at the email address associated with this request.

I refer to an article published in the Australian. The article was published on 10 February 2022. The article was authored by Kylar Loussikian and Jill Rowbotham. The title of the article is “Top judge warned of registrar overhaul”.

The article is about the reclassification of a Senior Executive Service position by Mr Soden and Ms Lagos, the former and current Chief Executives of the Federal Court respectively, to avoid what Mr Soden claimed was the Australian Public Service Commissioner’s representative’s veto on a decision to promote a registrar to the Senior Executive Service position.

In that article, Justice Greenwood of the Federal Court states that “[the registrar] was ultimately appointed to the role at the (lower level) configured in a way as determined by Mr Soden and Ms Lagos, no doubt in discussion with the APSC.”

Please provide access to a) any documentary correspondence between Federal Court staff and staff of the Australian Public Service Commission relating to the “configuration” of the position by Mr Soden and Ms Lagos, in discussion with the Australian Public Service Commission, and b) any other documents that evidence the “configuration” of the role to the “lower level”.

Yours faithfully,

Michael V

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Michael

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 Michael V

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Dear Ms Hammerton Cole,

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 '"Configuration" of SES role in Federal Court'.

Plainly something unlawful is going on because there is evidence on this website that the successful candidate for the Senior Executive Band 1 National Judicial Registrar & District Registrar - QLD role (the evidence suggests it was Murray Belcher) was selected to work as a Senior Executive Band 1 by a selection panel constituted by Sia Lagos, David Pringle and Andrea Jarratt (see - https://www.righttoknow.org.au/request/s...).

Also, Kerryn Vine Camp, the Australian Public Service Commissioner's representative, certified the selection process on 25 October 2018 as being one that was conducted according to the Public Service Act and the Commissioner's Directions (see - https://www.righttoknow.org.au/request/r...). If that was so, one would expect that the Senior Executive Band 1 National Judicial Registrar & District Registrar - QLD would be a member of the Federal Court's team of SES officials. Mr Belcher's name (or that of any person who has held the Senior Executive Band 1 National Judicial Registrar & District Registrar - QLD role) does not appear in the list of SES officials published on the Federal Court's disclosure log PA2925/06-9 (see - www.fedcourt.gov.au/disclosurelog).

You cannot hide behind the conditional exemptions you have relied on to try and cover up unlawful conduct by refusing access to the documents requested. Even if you could (which I do not think you can) covering up unlawful conduct can never be in the public interest.

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,

Michael V

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Michael V

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 Michael V

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_10-48840509-2574
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-48840509-2574

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

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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_10-48840509-2574
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-48840509-2574

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: MR22/00820

 

By email: [FOI #8435 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 MR22/00820.

 

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.

Michael V left an annotation ()

REASONS FOR IC REVIEW

I object to the s 47E(c) conditional exemption relied on because it plainly does not apply (that conditional exemption cannot be relied on where the document evidences unlawful conduct), and where other conditional exemptions are relied on (s 47C and s 47F),

I object to the public interest test applied by Registrar Colbran. I take exception to her claim that the documents contain information that is of interest to the public, but that is not in the public interest. In claiming what she has, Registrar Colbran has indirectly disparaged Justice Greenwood of the Federal Court because she has constructively dismissed Justice Greenwood's command of the underlying issues and contraventions of law that saw Murray Belcher denied his rightful promotion to an SES Band 1 position so that the SES1 band classification could be "taken elsewhere in the organisation" and given to somebody else, even though Mr Belcher was selected for promotion on his merits, by Sia Lagos, David Pringle and Andrea Jarratt, for the SES Band 1 National Judicial Registrar & District Registrar - QLD role and the selection process was certified by the First Assistant Commissioner of the APSC, Kerryn Vine-Camp as being in line with s 10A of the Public Service Act as well as the Commissioner's Directions.

The reason I want access to the documents is not to satisfy some morbid curiosity. It is to demonstrate that Warwick Soden and Sia Lagos:

a) engaged in unlawful activities by denying Murray Belcher his rightful promotion to an SES Band 1 role and, instead, gave him a lesser Executive Level 2 classification under rule 6 of the Classification Rules, along with a pay increase to hush him up; and
b) lied to Justice Greenwood to cover up the conspiracy they entered into to deny Murray Belcher his promotion, which he secured on his merits, to then allocate that SES Band 1 classification to somebody else in the organisation, which is entirely unlawful and capricious.

It is in the public interest to shine a light on the immoral and unlawful conduct of senior public officials. It is in the public interest to expose the lies of senior public officials. It is in the public interest to do these things particularly now that it is known that the investigation conducted by the APSC is under a cloud and is the subject of an inquiry by the Commonwealth Ombudsman. The Ombudsman conducted a preliminary inquiry and decided that there was enough evidence of a stuff up by the APSC that a formal investigation was warranted under s 8 of the Ombudsman Act. In fact, the stuff up was so significant the Ombudsman immediately escalated the investigation to category 4, the second most serious category.

Why should senior public officials be allowed to lie to a Federal Court judge and then be shielded from criticism on the grounds of personal information being made public? Justice Greenwood has disparaged both Mr Soden and Ms Lagos in a national newspaper. He has accused them of "obfuscating". Documents evidencing the circumstances giving rise to Justice Greenwood's public accusations should not be denied access to because some Registrar asserts, without anything to support the assertion, that the documents are "of interest to the public, but that is not in the public interest."

It is public information that:

a) Murray Belcher applied for the SES band 1 National Judicial Registrar & District Registrar - QLD role (see https://www.righttoknow.org.au/request/d...
b) Murray Belcher was selected by the selection panel for that SES band 1 National Judicial Registrar & District Registrar - QLD role (see https://www.righttoknow.org.au/request/d...
c) the selection panel that selected Murray Belcher for promotion to the SES band 1 National Judicial Registrar & District Registrar - QLD role was constituted by Sia Lagos, David Pringle and Andrea Jarratt (see document 2 associated with https://www.righttoknow.org.au/request/s...
d) Kerryn Vine-Camp, the First Assistant Commissioner of the APSC certified that the selection process by which Murray Belcher was selected for promotion to the SES band 1 National Judicial Registrar & District Registrar - QLD role complied with s 10A of the Public Service Act 1999 and the Australian Public Service Commissioner's Directions (see https://www.righttoknow.org.au/request/d...).

OAIC - FOI DR,

5 Attachments

 

Our reference: MR22/00820

Agency Reference:

 

By email: [1][FOI #8435 email]

 

Receipt of your IC review application

 

Dear Michael Varley,

 

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 [2][email address] and quote MR22/00820

 

Kind Regards,

 

Thomas Hanaee

 

[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

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