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Documents relating to certain positions in AGD

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Dear Attorney-General's Department,

According to table 2.3.1 of appendix 3 of the 2020-2021 annual report of the AGD, the maximum salary of an Executive Level 1 AGD employee other than an AGS employee is $145,000.

According to table 2.3.1 of appendix 3 of the 2020-2021 annual report of the AGD, the maximum salary of an Executive Level 2 AGD employee other than an AGS employee is $203,408.

The pay scale for the employees other than employees of AGS Group includes salary rates for employees on maintained salary levels following movement from another agency and/or an individual flexibility arrangement under the AGD Enterprise Agreement 2019.

If I have not misconstrued the AGD Enterprise Agreement 2019, the maximum standard salary available to non-AGS Executive Level 1 AGD employees on 30 June 2021 was $127,818.

If I have not misconstrued the AGD Enterprise Agreement 2019, the maximum standard salary available to non-AGS Executive Level 2 AGD employees on 30 June 2021 was $145,582.

I would like access to the following documents:

a) the APS role evaluation summary record (i.e. the completed record of the template set out on pages 3 – 5 of the “Australian Public Service Role evaluation tool” – see https://www.apsc.gov.au/working-aps/aps-...) for the EL1 position that the AGD employee making $145,000 was engaged to fill; and
b) the APS role evaluation summary record (i.e. the completed record of the template set out on pages 3 – 5 of the “Australian Public Service Role evaluation tool” – see https://www.apsc.gov.au/working-aps/aps-...) for the EL2 position that the AGD employee making $203,408 was engaged to fill; and
c) other pertinent documents, such as position descriptions, setting out the scope of the EL1 and EL2 roles for which the relevant AGD employees are paid $145,000 and $203,408 respectively; and
d) vacancy notices published in the Public Service Gazette for the EL1 and EL2 positions for which the relevant AGD employees are paid $145,000 and $203,408 respectively; and
e) if, and only if, the role evaluation summary records referred to in a) and b) have not been maintained, any and all documents setting out the research (e.g. interviews with other staff, analysis of similar roles in other agencies, analysis of going market rates in relation to the work to be performed etc.) undertaken by appropriate staff members in the AGD to determine the proper scope of the relevant EL1 and EL2 positions; and
f) a written record of any individual flexibility arrangement entered into between the EL1 non-AGS AGD employee and the Secretary of the AGD (or an approved delegate); and
g) a written record of any individual flexibility arrangement entered into between the EL2 non-AGS AGD employee and the Secretary of the AGD (or an approved delegate); and
h) in respect of f) and g) above, any documents recording how the arrangements meet the genuine needs of the AGD and the relevant employees in relation to i) arrangements about when the work is performed, ii) overtime rates, iii) penalty rates), iv) allowances, v) employer superannuation contributions, vi) remuneration and/or vii) leave entitlements.

In relation to f) and g), you are welcome to redact the names, residential addresses, and email addresses of the relevant employees. Otherwise, I do not, at least preemptively, agree to redactions other than what is permitted by, and necessary according to, the law.

You may grant access to the documents via an administrative release but should otherwise construe this email as a request for documents under the FOI Act.

I would like to receive the relevant documents in, if possible, .pdf format by reply email.

Yours faithfully,

Stoyan

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Stoyan

Freedom of Information Request FOI22/019

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:

 

a) the APS role evaluation summary record (i.e. the completed record of
the template set out on pages 3 – 5 of the “Australian Public Service Role
evaluation tool” – see
[1]https://www.apsc.gov.au/working-aps/aps-...)
for the EL1 position that the AGD employee making $145,000 was engaged to
fill; and

b) the APS role evaluation summary record (i.e. the completed record of
the template set out on pages 3 – 5 of the “Australian Public Service Role
evaluation tool” – see
[2]https://www.apsc.gov.au/working-aps/aps-...)
for the EL2 position that the AGD employee making $203,408 was engaged to
fill; and

c) other pertinent documents, such as position descriptions, setting out
the scope of the EL1 and EL2 roles for which the relevant AGD employees
are paid $145,000 and $203,408 respectively; and

d) vacancy notices published in the Public Service Gazette for the EL1 and
EL2 positions for which the relevant AGD employees are paid $145,000 and
$203,408 respectively; and

e) if, and only if, the role evaluation summary records referred to in a)
and b) have not been maintained, any and all documents setting out the
research (e.g. interviews with other staff, analysis of similar roles in
other agencies, analysis of going market rates in relation to the work to
be performed etc.) undertaken by appropriate staff members in the AGD to
determine the proper scope of the relevant EL1 and EL2 positions; and

f) a written record of any individual flexibility arrangement entered into
between the EL1 non-AGS AGD employee and the Secretary of the AGD (or an
approved delegate); and

g) a written record of any individual flexibility arrangement entered into
between the EL2 non-AGS AGD employee and the Secretary of the AGD (or an
approved delegate); and h)in respect of f) and g) above, any documents
recording how the arrangements meet the genuine needs of the AGD and the
relevant employees in relation to i) arrangements about when the work is
performed, ii) overtime rates, iii) penalty rates), iv) allowances, v)
employer superannuation contributions, vi) remuneration and/or vii) leave
entitlements.

In relation to f) and g), you are welcome to redact the names, residential
addresses, and email addresses of the relevant employees. Otherwise, I do
not, at least pre-emptively, agree to redactions other than what is
permitted by, and necessary according to, the law.

 

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 6 February 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 8 March
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
[3]http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [4][AGD request email].

 

Yours sincerely

 

Claire

 

FOI Case Officer

Freedom of Information and Privacy Section | Strategy and Governance
Branch

Attorney-General’s Department

T: 02 6141 6666| E: [5][AGD request email]

 

OFFICIAL

show quoted sections

FOI Requests, Attorney-General's Department

OFFICIAL

 

Dear Stoyan

The department is writing to you to clarify the scope of your FOI request
due to the potential number of documents which fall within parts (f) and
(g) of your request.

 

The department notes that the scope of parts (a), (b), (c) and (d) relate
to the salaries of $145,000 and $203,408 respectively. We would therefore
like to confirm whether your FOI request for parts (e), (f) and (g) can be
confined to these two salaries as well. Alternatively, can you please
refine the scope of your request to include a particular date range.

 

If you agree, the department will conduct a search for documents relating
to the salaries of $145,000 and $203,408 respectively.

 

Please provide your response to the department as soon as possible but no
later than Thursday 24 February 2022.

 

If the department does not hear from you by this date, then we will
continue to process your request for information relating to parts (e),
(f) and (g) without a salary or date range. Please note that by doing so,
it is possible that a large number of documents may fall within the scope,
and that it may not be practicable for the department to process your
request on these terms. The department will then consult further with you.

 

Yours sincerely

 

Claire

 

FOI Case Officer

Freedom of Information and Privacy Section | Strategy and Governance
Branch

Attorney-General’s Department

T: 02 6141 6666| E: [1][AGD request email]

 

 

OFFICIAL

From: FOI Requests
Sent: Thursday, 10 February 2022 12:17 PM
To: Stoyan <[FOI #8377 email]>
Cc: FOI Requests <[AGD request email]>
Subject: Acknowledgement of receipt of FOI Request: FOI22/019 -
Attorney-General's Department [SEC=OFFICIAL]

 

OFFICIAL

 

Dear Stoyan

Freedom of Information Request FOI22/019

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:

 

a) the APS role evaluation summary record (i.e. the completed record of
the template set out on pages 3 – 5 of the “Australian Public Service Role
evaluation tool” – see
[2]https://www.apsc.gov.au/working-aps/aps-...)
for the EL1 position that the AGD employee making $145,000 was engaged to
fill; and

b) the APS role evaluation summary record (i.e. the completed record of
the template set out on pages 3 – 5 of the “Australian Public Service Role
evaluation tool” – see
[3]https://www.apsc.gov.au/working-aps/aps-...)
for the EL2 position that the AGD employee making $203,408 was engaged to
fill; and

c) other pertinent documents, such as position descriptions, setting out
the scope of the EL1 and EL2 roles for which the relevant AGD employees
are paid $145,000 and $203,408 respectively; and

d) vacancy notices published in the Public Service Gazette for the EL1 and
EL2 positions for which the relevant AGD employees are paid $145,000 and
$203,408 respectively; and

e) if, and only if, the role evaluation summary records referred to in a)
and b) have not been maintained, any and all documents setting out the
research (e.g. interviews with other staff, analysis of similar roles in
other agencies, analysis of going market rates in relation to the work to
be performed etc.) undertaken by appropriate staff members in the AGD to
determine the proper scope of the relevant EL1 and EL2 positions; and

f) a written record of any individual flexibility arrangement entered into
between the EL1 non-AGS AGD employee and the Secretary of the AGD (or an
approved delegate); and

g) a written record of any individual flexibility arrangement entered into
between the EL2 non-AGS AGD employee and the Secretary of the AGD (or an
approved delegate); and h)in respect of f) and g) above, any documents
recording how the arrangements meet the genuine needs of the AGD and the
relevant employees in relation to i) arrangements about when the work is
performed, ii) overtime rates, iii) penalty rates), iv) allowances, v)
employer superannuation contributions, vi) remuneration and/or vii) leave
entitlements.

In relation to f) and g), you are welcome to redact the names, residential
addresses, and email addresses of the relevant employees. Otherwise, I do
not, at least pre-emptively, agree to redactions other than what is
permitted by, and necessary according to, the law.

 

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 6 February 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 8 March
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
[4]http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [5][AGD request email].

 

Yours sincerely

 

Claire

 

FOI Case Officer

Freedom of Information and Privacy Section | Strategy and Governance
Branch

Attorney-General’s Department

T: 02 6141 6666| E: [6][AGD request email]

 

OFFICIAL

show quoted sections

Dear FOI Requests,

Thank you for your email Claire.

In your message you state:

"The department is writing to you to clarify the scope of your FOI request
due to the potential number of documents which fall within parts (f) and
(g) of your request.

The department notes that the scope of parts (a), (b), (c) and (d) relate
to the salaries of $145,000 and $203,408 respectively. We would therefore
like to confirm whether your FOI request for parts (e), (f) and (g) can be
confined to these two salaries as well. Alternatively, can you please
refine the scope of your request to include a particular date range.

If you agree, the department will conduct a search for documents relating
to the salaries of $145,000 and $203,408 respectively."

I confirm that my intention was that the scope of the request for parts (e), (f) and (g) are limited to the $145,000 EL1 position and the $203,408 EL2 position.

Yours sincerely,

Stoyan

FOI Requests, Attorney-General's Department

1 Attachment

OFFICIAL

 

Dear Stoyan

Freedom of Information Request FOI22/019

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:

·         decision letter, including:

o review rights,
o schedule of documents,
o statement of reasons, and
o additional information.

 

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

Yours sincerely

Claire

 

FOI Case Officer

Freedom of Information and Privacy Section | 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 Attorney-General's Department,

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

I am writing to request an internal review of Attorney-General's Department's handling of my FOI request 'Documents relating to certain positions in AGD'.

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,

Stoyan

FOI Requests, Attorney-General's Department

1 Attachment

OFFICIAL

 

Dear Stoyan

 

Freedom of Information Request FOI22/019-IR

I refer to your request for internal review of the department’s decision,
FOI22/019-IR, under the Freedom of Information Act 1982 (FOI Act).

 

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

 

Mila

FOI Case Officer

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]

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