Consideration of the numbers of capped SES positions in the evaluation of classification for roles in the AGD

The request was refused by Attorney-General's Department.

Dear Attorney-General's Department,

Dear Australian Public Service Commission,

In an article published in the Australian on 9 February 2022 entitled “Federal Court boss warned on job rule sidestep” the Federal Court’s Assistant People and Culture Director, Matt Asquith, admitted that the decision to classify registrars into EL2 and SES1 bands is primarily based on two factors:

a) additional responsibilities undertaken; and
b) “[the] SES cap the Court has, and if the positions can fit within the cap.”

Pursuant to the FOI Act, I request access to any documents in the possession of the Attorney-General's Department that show that consideration of the number of capped SES positions in an agency should ever be a relevant consideration when evaluating the classification for a group of duties to be performed in an Agency.

Yours faithfully,

Ray B1

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Ray B1

I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.

Your request is for:

 

Pursuant to the FOI Act, I request access to any documents in the
possession of the Attorney-General's Department that show that
consideration of the number of capped SES positions in an agency should
ever be a relevant consideration when evaluating the classification for a
group of duties to be performed in an Agency.

 

If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.

 

The department received your request on 12 March 2022 and the 30 day
statutory period for processing your request commenced from the day after
that date. You should therefore expect a decision from us by 11 April
2022. However, the period of 30 days may be extended if the department
needs to consult third parties or for other reasons. We will advise you if
this happens.

 

The department's practice is to not disclose personal information of staff
of the department and other government authorities, where that information
is not publicly known or routinely disclosed (e.g. names of junior
officers and contact information). The names of senior officers will
generally be disclosed. In addition, duplicates and incomplete email
chains within the scope of the FOI request will be excluded.

 

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department's disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [2][AGD request email].

 

 

Joanna

 

Freedom of Information and Privacy | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666 | E: [3][AGD request email]

OFFICIAL

When you make a request for documents or an inquiry about privacy matters,
the Attorney-Generals Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

Visible links
1. http://www.ag.gov.au/RightsAndProtection...
2. mailto:[AGD request email]
3. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

1 Attachment

OFFICIAL

 

Dear Ray B1

Freedom of Information Request FOI22/047

I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents. 

The purpose of this email is to provide you with a decision in response to
that request. 

 

Please find attached your decision letter, including your review rights.

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [1][AGD request email].

 

Kind regards

Joanna

 

 

Joanna Baker

Assistant Director

Freedom of Information and Privacy | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666 | E: [2][AGD request email]

 

 

 

 

 

 

OFFICIAL

When you make a request for documents or an inquiry about privacy matters,
the Attorney-Generals Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

Visible links
1. mailto:[AGD request email]
2. mailto:[AGD request email]

Dear Ms Baker,

I acknowledge Ms Dawson's refusal decision under s 24A of the FOI Act.

Please pass on my thanks to Ms Dawson for confirming that the Attorney-General's Department does not have any documents that show that consideration of the number of capped SES positions in an agency should ever be a relevant consideration when evaluating the classification for a group of duties to be performed in an Agency.

Yours sincerely,

Ray B1