Correspondence to John Lloyd PSM about allegations of inappropriate and improper recruitment processes in the Federal Courts

The request was successful.

Dear Australian Public Service Commission,

In correspondence dated 22 August 2017, Melissa Donnelly, the then Deputy Secretary of the Community & Public Service Union, wrote to the then Australian Public Service Commissioner, Mr John Lloyd PSM to notify him about allegations of inappropriate and improper recruitment processes in the Federal Courts.

The substance of Ms Donnelly’s letter is set out below to assist the APSC with its identification.

“22 August 2017

Mr John Lloyd PSM

Australian Public Service Commissioner
Australian Public Service Commission
B Block, Treasury Building
Parkes Place West
Parkes ACT 2600

By email: john.lloyd[at symbol]apsc.gov.au

Dear Commissioner

I write to you regarding allegations of potentially inappropriate and improper recruitment processes in the Federal Courts.

It has come to public attention that a number of appointment decisions have been made in the Federal Courts’ Corporate Services area which may raise questions regarding integrity and consistency with the Public Service Act 1999.

A number of claims are made in an article published on the Justinian website on or about 11 August. I also note that some of these matters were the subject of discussions in Senate Estimates on 18 August 2017.

For your information I have attached a copy of the article in question.

The article outlines a number of recruitment processes in which there have allegedly been personal connections between senior employees in the Courts and the successful applicants. It also claims that decisions were made to pay a number of these individuals above the applicable salary band. According to the article, the Courts now have ten highly paid non-executive staff with a combined salary of $1.7 million.

For example, the article outlines the appointment of six new staff to positions within the Corporate Services area of the Courts all of whom have previous personal connections with either Darrin Moy, the newly appointed Executive Director of People, Culture and Communications, or Catherine Sullivan, Executive Director, Corporate Services. According to the article, at least two of those were offered salary packages above the normal band. It is also noted that a number of these positions were structured as fixed term positions, which may have avoided the requirement for the full application of the merit principle and general advertising of the position.

The CPSU is concerned that, if accurate, a number of these decisions and processes would be inconsistent with the Public Service Act, APS Values and the Public Service Commissioner’s Directions.

In our view this conduct raises potential questions about:

- improper recruitment processes and the misapplication of the general merit principle as set out in s10A (1)(c) of the Public Service Act;

- issues regarding integrity in both the recruitment processes and the decisions to pay individuals above the salary band which may be inconsistent with s13(1) of the Public Service Act;

- the management of conflict of interest issues in regard to the recruitment and subsequent employment decisions which may be inconsistent with s13 (7) of the Public Service Act;

- the potential use of a position to gain an advantage for another person, which may be inconsistent with s13 (10) of the Public Service Act; and

- the potential improper use of Commonwealth resources, which may be inconsistent with s13(8) of the Public Service Act.

I note your functions include upholding high standards of integrity and conduct in the APS.

The matters outlined above have the potential to damage the high standards of integrity and conduct in the APS. Indeed the very perception that these processes have been compromised by personal connections is damaging to the Federal Courts and the APS.

The CPSU therefore requests that you investigate these matters and advise the CPSU as well as employees of the Federal Courts of the outcome of those investigations.

If you require more information I can be contacted on 02 8204 5709 …”

Under the FOI Act, I request access to the letter that Melissa Donnelly sent to John Lloyd, dated 22 August 2017, in which Melissa Donnelly notified John Lloyd about allegations of inappropriate and improper recruitment processes in the Federal Courts.

Yours faithfully,

Alex

FOI, Australian Public Service Commission

OFFICIAL
Dear Alex

I am writing to acknowledge receipt of your request under the Freedom of Information Act 1982 for access to documents held by the Commission.

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.

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 3720  w: www.apsc.gov.au        
                
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.

-----Original Message-----
From: Alex <[FOI #9475 email]>
Sent: Sunday, 16 October 2022 4:42 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Correspondence to John Lloyd PSM about allegations of inappropriate and improper recruitment processes in the Federal Courts

Dear Australian Public Service Commission,

In correspondence dated 22 August 2017, Melissa Donnelly, the then Deputy Secretary of the Community & Public Service Union, wrote to the then Australian Public Service Commissioner, Mr John Lloyd PSM to notify him about allegations of inappropriate and improper recruitment processes in the Federal Courts.

The substance of Ms Donnelly’s letter is set out below to assist the APSC with its identification.

“22 August 2017

Mr John Lloyd PSM

Australian Public Service Commissioner

Australian Public Service Commission

B Block, Treasury Building

Parkes Place West

Parkes ACT 2600

By email: john.lloyd[at symbol]apsc.gov.au

Dear Commissioner

I write to you regarding allegations of potentially inappropriate and improper recruitment processes in the Federal Courts.

It has come to public attention that a number of appointment decisions have been made in the Federal Courts’ Corporate Services area which may raise questions regarding integrity and consistency with the Public Service Act 1999.

A number of claims are made in an article published on the Justinian website on or about 11 August. I also note that some of these matters were the subject of discussions in Senate Estimates on 18 August 2017.

For your information I have attached a copy of the article in question.

The article outlines a number of recruitment processes in which there have allegedly been personal connections between senior employees in the Courts and the successful applicants. It also claims that decisions were made to pay a number of these individuals above the applicable salary band. According to the article, the Courts now have ten highly paid non-executive staff with a combined salary of $1.7 million.

For example, the article outlines the appointment of six new staff to positions within the Corporate Services area of the Courts all of whom have previous personal connections with either Darrin Moy, the newly appointed Executive Director of People, Culture and Communications, or Catherine Sullivan, Executive Director, Corporate Services. According to the article, at least two of those were offered salary packages above the normal band. It is also noted that a number of these positions were structured as fixed term positions, which may have avoided the requirement for the full application of the merit principle and general advertising of the position.

The CPSU is concerned that, if accurate, a number of these decisions and processes would be inconsistent with the Public Service Act, APS Values and the Public Service Commissioner’s Directions.

In our view this conduct raises potential questions about:

- improper recruitment processes and the misapplication of the general merit principle as set out in s10A (1)(c) of the Public Service Act;

- issues regarding integrity in both the recruitment processes and the decisions to pay individuals above the salary band which may be inconsistent with s13(1) of the Public Service Act;

- the management of conflict of interest issues in regard to the recruitment and subsequent employment decisions which may be inconsistent with s13 (7) of the Public Service Act;

- the potential use of a position to gain an advantage for another person, which may be inconsistent with s13 (10) of the Public Service Act; and

- the potential improper use of Commonwealth resources, which may be inconsistent with s13(8) of the Public Service Act.

I note your functions include upholding high standards of integrity and conduct in the APS.

The matters outlined above have the potential to damage the high standards of integrity and conduct in the APS. Indeed the very perception that these processes have been compromised by personal connections is damaging to the Federal Courts and the APS.

The CPSU therefore requests that you investigate these matters and advise the CPSU as well as employees of the Federal Courts of the outcome of those investigations.

If you require more information I can be contacted on 02 8204 5709 …”

Under the FOI Act, I request access to the letter that Melissa Donnelly sent to John Lloyd, dated 22 August 2017, in which Melissa Donnelly notified John Lloyd about allegations of inappropriate and improper recruitment processes in the Federal Courts.

Yours faithfully,

Alex

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______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information

that is confidential and may also be the subject of legal professional or

other privilege. If you are not the intended recipient of this message, you

must not review, copy, disseminate or disclose its contents to any other

party or take action in reliance of any material contained within it. If you

have received this message in error, please notify the sender immediately by

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______________________________________________________________________

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FOI, Australian Public Service Commission

3 Attachments

OFFICIAL
Dear Applicant

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 3720  w: www.apsc.gov.au        
                           

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.

-----Original Message-----
From: Alex <[FOI #9475 email]>
Sent: Sunday, 16 October 2022 4:42 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Correspondence to John Lloyd PSM about allegations of inappropriate and improper recruitment processes in the Federal Courts

Dear Australian Public Service Commission,

In correspondence dated 22 August 2017, Melissa Donnelly, the then Deputy Secretary of the Community & Public Service Union, wrote to the then Australian Public Service Commissioner, Mr John Lloyd PSM to notify him about allegations of inappropriate and improper recruitment processes in the Federal Courts.

The substance of Ms Donnelly’s letter is set out below to assist the APSC with its identification.

“22 August 2017

Mr John Lloyd PSM

Australian Public Service Commissioner

Australian Public Service Commission

B Block, Treasury Building

Parkes Place West

Parkes ACT 2600

By email: john.lloyd[at symbol]apsc.gov.au

Dear Commissioner

I write to you regarding allegations of potentially inappropriate and improper recruitment processes in the Federal Courts.

It has come to public attention that a number of appointment decisions have been made in the Federal Courts’ Corporate Services area which may raise questions regarding integrity and consistency with the Public Service Act 1999.

A number of claims are made in an article published on the Justinian website on or about 11 August. I also note that some of these matters were the subject of discussions in Senate Estimates on 18 August 2017.

For your information I have attached a copy of the article in question.

The article outlines a number of recruitment processes in which there have allegedly been personal connections between senior employees in the Courts and the successful applicants. It also claims that decisions were made to pay a number of these individuals above the applicable salary band. According to the article, the Courts now have ten highly paid non-executive staff with a combined salary of $1.7 million.

For example, the article outlines the appointment of six new staff to positions within the Corporate Services area of the Courts all of whom have previous personal connections with either Darrin Moy, the newly appointed Executive Director of People, Culture and Communications, or Catherine Sullivan, Executive Director, Corporate Services. According to the article, at least two of those were offered salary packages above the normal band. It is also noted that a number of these positions were structured as fixed term positions, which may have avoided the requirement for the full application of the merit principle and general advertising of the position.

The CPSU is concerned that, if accurate, a number of these decisions and processes would be inconsistent with the Public Service Act, APS Values and the Public Service Commissioner’s Directions.

In our view this conduct raises potential questions about:

- improper recruitment processes and the misapplication of the general merit principle as set out in s10A (1)(c) of the Public Service Act;

- issues regarding integrity in both the recruitment processes and the decisions to pay individuals above the salary band which may be inconsistent with s13(1) of the Public Service Act;

- the management of conflict of interest issues in regard to the recruitment and subsequent employment decisions which may be inconsistent with s13 (7) of the Public Service Act;

- the potential use of a position to gain an advantage for another person, which may be inconsistent with s13 (10) of the Public Service Act; and

- the potential improper use of Commonwealth resources, which may be inconsistent with s13(8) of the Public Service Act.

I note your functions include upholding high standards of integrity and conduct in the APS.

The matters outlined above have the potential to damage the high standards of integrity and conduct in the APS. Indeed the very perception that these processes have been compromised by personal connections is damaging to the Federal Courts and the APS.

The CPSU therefore requests that you investigate these matters and advise the CPSU as well as employees of the Federal Courts of the outcome of those investigations.

If you require more information I can be contacted on 02 8204 5709 …”

Under the FOI Act, I request access to the letter that Melissa Donnelly sent to John Lloyd, dated 22 August 2017, in which Melissa Donnelly notified John Lloyd about allegations of inappropriate and improper recruitment processes in the Federal Courts.

Yours faithfully,

Alex

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[FOI #9475 email]

Is [APSC request email] the wrong address for Freedom of Information requests to Australian Public Service Commission? If so, please contact us using this form:

https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:

https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
______________________________________________________________________

IMPORTANT: This message, and any attachments to it, contains information

that is confidential and may also be the subject of legal professional or

other privilege. If you are not the intended recipient of this message, you

must not review, copy, disseminate or disclose its contents to any other

party or take action in reliance of any material contained within it. If you

have received this message in error, please notify the sender immediately by

return email informing them of the mistake and delete all copies of the

message from your computer system.

______________________________________________________________________

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Dear Ms Sims,

Thank you.

Yours sincerely,

Alex