Documents relating to Senior Executive Service vacancies in the Federal Court of Australia

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

In an FOI decision that B Henderson of the Federal Court made on 22 June 2022, the FOI Officer stated that after 12 June 2020, five people have been promoted to SES Band 1 positions in the Federal Court.

According to B Henderson, all five people were Executive Level employees prior to promotion and all five were ongoing, full time APS employees before their respective promotions to SES Band 1 positions.

The SES Band 1 positions that these 5 APS employees were promoted to were:

i) General Counsel;
ii) District Registrar;
iii) National Judicial Registrar;
iv) Chief Information Officer; and
v) Chief Information Officer.

B Henderson's decision can be seen here – https://www.righttoknow.org.au/request/d...

I have pored over the Public Service Gazette and, unlike the SES Band 1 General Counsel role that Scott Tredwell was promoted to (www.apsjobs.gov.au/s/outcome-details?Id=a062P000000NLl1QAG), I have not been able to find a vacancy notification for an SES Band 1 "National Judicial Registrar" role that fits the bill, or a promotion notice for a person who was promoted to the SES Band 1 "National Judicial Registrar" role.

According to an FOI decision made by Giorgina Strangio in the Australian Public Service Commission, "prior to 1 February 2019, certificates issued pursuant to paragraph 21(b) of the Australian Public Service Commissioner’s Directions 2016 were generally maintained by the recruiting entity and not provided to the Commission": see https://www.righttoknow.org.au/request/c...

Presumably, certificates issued after 1 February 2019 are generally maintained by the APSC and the timing of the SES recruitment process for the SES Band 1 National Judicial Registrar role postdates 1 February 2019.

According to an FOI decision made by Charmaine Sims in the Australian Public Service Commission, the records of the APSC do not indicate that there was a vacancy for an SES Band 1 National Judicial Registrar role between 12 June 2020 and 22 June 2022.

Something appears to be amiss. I would like to better understand what is going on in the Federal Court, particularly in respect of Senior Executive Service recruitment decisions. The APSC is an agency that might be able to assist in shedding light on the matter.

Under the FOI Act I request:

a) any and all correspondence, having been sent or received between 12 June 2020 and 23 August 2022 and that are in the possession of the APSC, between staff in the Federal Court and the Australian Public Service Commission in relation to selection processes for any and all Senior Executive Service vacancies in the Federal Court of Australia; and

b) any and all certifications in the possession of the APSC and issued between 12 June 2020 and 23 August 2022 under either s 21 of the Australian Public Service Commissioner’s Directions 2016 or s 26 the Australian Public Service Commissioner’s Directions 2022 by the Australian Public Service Commissioner’s representatives who participated in selection processes for any and all Senior Executive Service vacancies in the Federal Court of Australia.

I imagine that the APSC should not have too much trouble providing the certification issued in respect of the General Counsel vacancy, but I am concerned that the certifications for the SES Band 1 District Registrar vacancy and the SES Band 1 National Judicial Registrar vacancy may not exist.

You are welcome to redact the Australian Public Service Commissioner’s representatives’ signatures from the certificates.

Documents can be sent to me by return email.

Yours faithfully,

Stephanie

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant,

 

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.

 

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: [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.

 

 

 

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant,

 

A 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: [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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