Documentary evidence provided to Kate McMullan in relation to investigation conducted about allegations of impropriety in the Federal Court

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

I refer to the following things:

• the selection report for the SES Band 1 National Judicial Registrar & District Registrar – QLD position published here: https://www.righttoknow.org.au/request/s...
• the selection report for the SES Band 1 National Judicial Registrar & District Registrar – WA position published here: https://www.righttoknow.org.au/request/s...
• documents associated with PA2925-06/9 on the Federal Court’s disclosure log where it is apparent that Murray Belcher and Russell Trott, the successful candidates for the SES Band 1 National Judicial Registrar & District Registrar – QLD and SES Band 1 National Judicial Registrar & District Registrar – WA positions, respectively, are not SES Band public servants in the Federal Court;
• Promotion Notice NN 10736921 in Gazette No PS 43 – 25 October 2018, p 36 noting Mr Tim Luxton’s promotion to the Senior Executive Service upon being selected as National Judicial Registrar & District Registrar – VIC position;
• Top judge warned of registrar overhaul, an article published in the Australian on 10 February 2022, in which the acting assistant commissioner of the Australian Public Service Commissioner stated, in relation to the SES Band 1 National Judicial Registrar & District Registrar – QLD position, that “a role review process … had resulted in certain positions being found suitable for” either the “Legal 2” or SES Band 1 classifications;
• past annual reports of the Federal Court demonstrating that Mr Belcher and Mr Trott were APS employees for many years prior to being promoted to the SES Band 1 National Judicial Registrar & District Registrar – QLD and SES Band 1 National Judicial Registrar & District Registrar – WA positions respectively; and
• the Federal Court of Australia Act 1976, which, at s 18N(4), provides that deputy district registrars and registrars must be engaged under the Public Service Act 1999.

I request any and all documents (including classification evaluation records) provided to the APSC during acting assistant commissioner McMullan’s investigation that support her conclusion that the SES Band 1 National Judicial Registrar & District Registrar – QLD was the subject of “a role review process … [that] had resulted in certain positions being found suitable for” either the “Legal 2” or SES Band 1 classifications.

Yours faithfully,

Marcus

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).

 

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.

 

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 3500  w: [1]www.apsc.gov.au        

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This email and any attachments may contain confidential or legally
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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

The scope of your recent FOI request includes one or more documents
containing either personal information or business information about one
or more third parties. In such circumstances, the Commission consults with
relevant third parties about the disclosure of the information.

 

The timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982.

 

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 3500  w: [1]www.apsc.gov.au        

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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.

 

 

 

 

From: FOI <[email address]>
Sent: Tuesday, 29 March 2022 11:12 AM
To: Marcus <[FOI #8662 email]>
Cc: FOI <[email address]>
Subject: 5065 Acknowledgement [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).

 

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.

 

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 3500  w: [5]www.apsc.gov.au        

[6]three hexagons[7]twitter icon [8]facebook
icon                          

 

 

 

 

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.

 

 

 

 

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FOI, Australian Public Service Commission

8 Attachments

OFFICIAL

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 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

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.

 

 

 

 

From: FOI <[email address]>
Sent: Monday, 11 April 2022 5:05 PM
To: Marcus <[FOI #8662 email]>
Cc: FOI <[email address]>
Subject: 5065 Extension of time [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

The scope of your recent FOI request includes one or more documents
containing either personal information or business information about one
or more third parties. In such circumstances, the Commission consults with
relevant third parties about the disclosure of the information.

 

The timeframe for responding to your request is therefore extended by 30
days under subsection 15(6) of the Freedom of Information Act 1982.

 

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 3500  w: [5]www.apsc.gov.au        

[6]three hexagons[7]twitter icon [8]facebook
icon                          

 

 

 

 

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.

 

 

 

 

From: FOI <[9][email address]>
Sent: Tuesday, 29 March 2022 11:12 AM
To: Marcus <[10][FOI #8662 email]>
Cc: FOI <[11][email address]>
Subject: 5065 Acknowledgement [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request under the Freedom of Information Act 1982 (FOI
Act).

 

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.

 

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 3500  w: [12]www.apsc.gov.au        

[13]three hexagons[14]twitter icon [15]facebook
icon                          

 

 

 

 

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.

 

 

 

 

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Dear Ms Strangio,

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

I am writing to request an internal review of Australian Public Service Commission's handling of my FOI request 'Documentary evidence provided to Kate McMullan in relation to investigation conducted about allegations of impropriety in the Federal Court'.

I have read Mircea's criticisms of your decision, which have been set out here:

https://www.righttoknow.org.au/request/r...

Mircea is on the money.

I adopt his criticisms and request internal review on those grounds.

I also point out two more things.

The first point is this - you claim that the documents which support Ms McMullan's conclusion that allegations of impropriety and, presumably, unlawful conduct in the context of the recruitment of National Judicial Registrars were unsubstantiated because there had been “a role review process that had resulted in certain positions being found suitable for either a Legal 2 or (SES1) position, depending on the relative complexity and work load” are the same documents which support Ms McMullan's "conclusion that the SES Band 1 National Judicial Registrar & District Registrar – QLD was the subject of “a role review process … [that] had resulted in certain positions being found suitable for” either the “Legal 2” or SES Band 1 classifications. How could that be? How could the same document contain evidence of role reviews for two distinct roles - one being the National Judicial Registrar role that was broadbanded over the executive level 2 and SES 1 classifications, and the other being the SES Band 1 National Judicial Registrar & District Registrar - QLD role that Murray Belcher was promoted to, which was, mysteriously, subjected to a role review after he was promoted to an SES Band 1 position?

The second point is this - Velan asked, in almost substantially identical terms, for documents "recording the 'role review processes' that Kate McMullan based her conclusions on", and both you and Mr Hetherington refused to provide those documents on the grounds that those documents could not be found. Once Velan applied for IC review and pointed out that he had made a request in identical terms for the documents from the Federal Court, you have now decided to align your response with the Federal Court's response. That is very suspicious. Of course, as Mircea has pointed out, the documents you are relying on cannot be documents that support Ms McMullan's conclusion that the SES Band 1 National Judicial Registrar & District Registrar – QLD was the subject of “a role review process … [that] had resulted in certain positions being found suitable for” either the “Legal 2” or SES Band 1 classifications because the document sets out recruitment outcomes for the recruitment of registrars in the Federal Court.

As Mircea stated:

How can the outcome of a recruitment process determine the scope of a role, and the groups of duties to be performed in that role, by reference to the Commissioner's work level standards? The role assessment, whether it is a review or whether it is an assessment for a new role, necessarily precedes any recruitment process and certainly the outcome of that process.

It's just so hard to take your decisions seriously Ms Strangio. If the decision is not remedied on internal review, I'd me more than happy for the information commissioner to consider the APSC's decisions. The Ombudsman is already investigating the APSC for Ms McMullan's inadequate PID investigation. Why not have the information commissioner consider documents evidencing Ms McMullan's inadequate PID report and the "reasoning" supporting her indefensible conclusions?

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

Yours faithfully,

Marcus

FOI, Australian Public Service Commission

OFFICIAL
Dear Applicant

The Australian Public Service Commission (APSC) is writing to acknowledge receipt of your request for internal review under the Freedom of Information Act 1982 (FOI Act).

The timeframe for responding to your internal review request is 30 days from the date of receipt. This timeframe for internal review may be extended in very limited circumstances. You will be notified if these circumstances arise and the timeframe is extended.

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 3500  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.

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

Please see attached.

 

Kind 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 3500  w: [1]www.apsc.gov.au        

[2]three hexagons[3]twitter icon [4]facebook
icon                          

 

 

 

 

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.

 

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Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49311296-2660
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49311296-2660

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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4. mailto:[email address]

Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49311296-2660
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49311296-2660

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]

Australian Public Service Commission

1 Attachment

Our reference: MR22/00965

 

By email: [FOI #8662 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 MR22/00965.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

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