Documents relating to the classifications of National Judicial Registrars Susan O'Connor, Phillip Allaway, Matthew Benter, Rupert Burns, Claire Gitsham, David Ryan and Tuan Van Le

The request was partially successful.

Dear Federal Court of Australia,

I have reviewed many of the requests that have been made to the Federal Court of Australia on this website.

It would appear that the identities of most of the National Judicial Registrars referred to in an article published in the Australian on 9 February 2022 entitled “Federal Court boss warned on job rule sidestep” have been deduced (see https://www.righttoknow.org.au/request/i...).

With a bit of detective work, terens has identified:

a) Ms Susan O'Connor as the sole Senior Executive Band 1 National Judicial Registrar; and

b) Mr Phillip Allaway, Mr Matthew Benter, Mr Rupert Burns, Ms Claire Gitsham, Mr David Ryan and Mr Tuan Van Le as the "Legal 2" (i.e. Executive Level 2) National Judicial Registrars.

Under the FOI Act, I request access to:

a) any and all documents containing the names, titles and classifications of any APS employees, SES employees or statutory office holders involved in the selection process for the relevant SES National Judicial Registrar, Susan O’Connor;

b) any and all documents that set out the classification that was allocated to the relevant SES National Judicial Registrar, Susan O’Connor, pursuant to rule 6 of the Public Service Classification Rules 2000, once that person was engaged as an SES1 National Judicial Registrar;

c) any and all documents containing the names, titles and classifications of any APS employees, SES employees or statutory office holders involved in the selection process for the relevant “Legal 2” National Judicial Registrars, who appear to be Phillip Allaway, Matthew Benter, Rupert Burns, Claire Gitsham, David Ryan and Tuan Van Le; and

d) any and all documents that set out:

i. to the extent that it applies, the classification that had been allocated to each “Legal 2” National Judicial Registrar, pursuant to rule 6 of the Public Service Classification Rules 2000, before that person was promoted to a “Legal 2” National Judicial Registrar;

ii. to the extent that it applies, the classification that was allocated to each relevant “Legal 2” National Judicial Registrar, pursuant to rule 6 of the Public Service Classification Rules 2000, once that person was promoted to a “Legal 2” National Judicial Registrar, and whether the relevant person was offered, and accepted, an individual flexibility arrangement once, or after, that person was promoted to a “Legal 2” National Judicial Registrar; and

iii. to the extent that it applies, the classification that the Agency Head allocated to each relevant “Legal 2” National Judicial Registrar, pursuant to rule 6 of the Public Service Classification Rules 2000, once the person was engaged to fill the “Legal 2” National Judicial Registrar vacancy (i.e. the person was engaged from outside the Australian Public Service), and whether the relevant person was offered, and accepted, an individual flexibility arrangement once, or after, that person was promoted to a “Legal 2” National Judicial Registrar.

Please provide the documents to me in digital format, by return email.

Yours faithfully,

Ray B1

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Ray

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Ray

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Sir/Madam

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Dear Registrar Hammerton Cole,

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

I've had a chuckle reading your decision, particularly about the preparation of a document under section 17 of the FOI Act. I'll play along.

Thank you for confirming that IFAs were prepared for certain "Legal 2" National Judicial Registrar once, or after, that person was engaged to a “Legal 2” National Judicial Registrar position.

The Court's General Counsel, Scott Tredwell, was right to caution his CEO that the broadbanded National Judicial Registrar role contravened section 9 of the Public Service Classification Rules. Despite the contravention of that section, you insist on the application of conditional exemptions that do not apply. But that's the least of your worries.

I've read parts of a certain public interest disclosure and I've seen certain documents that make it clear that not one of the National Judicial Registrar roles was advertised; that not one of Susan O'Connor, Phillip Allaway, Matthew Benter, Rupert Burns, Claire Gitsham, David Ryan and Tuan Van Le applied for those (unlawfully) broadbanded roles; and, as such, none of the people selected to fill those roles was the subject of a merit based selection process according to law. In other words, 7 acts of patronage.

Judging by the modus operandi of the FOI decision makers in the Federal Court, my statement that 7 acts of patronage were engaged in will probably be dismissed as baseless or as lacking in substance, at which point I might be forced to challenge those claims with evidence. You know, the kind of evidence that looks a bit like:

"DD MONTH 20YY

Ms XXXXXXXXXXXXXXX
By email: XXXXXXXXXXXXXXXXXXXXX

Dear XXXXXXXXX,

Offer of Engagement - Ongoing APS Employee

I am please to advise you that you have been offered ongoing employment in the Federal Court of Australia. The details and conditions of your ongoing employment are outlined in this letter.

1. Position Details

Jurisdiction: Federal Court of Australia (FCA)
Job Title: National Judicial Registrar
Location: XXXXXXXXX, XXX
Classification: Legal 2 (EL2)
Salary: $150,391 per annum, plus superannuation
Position Number: XXXX
Status: Ongoing, Full-Time
Commencement Date: XXXXXXXXXXXXXXXXXXXXXXX

2 Terms and Conditions of Employment

The terms and conditions of the employment are as set out in the Federal Court of Australia Enterprise Agreement 2018-2021, and any enterprise agreement that replaces that agreement.

Other terms and conditions of your employment are set out in Commonwealth legislation, including the Public Service Act 1999.

...

Individual Flexibility Agreement

between

the Chief Executive Officer of the Federal Court of Australia, acting on behalf of the Commonwealth

and

XXXXXXXXXX XXXXXXX

in accordance with

Clause 5 of the Federal Court of Australia Enterprise Agreement 2018-2021 ..."

A few more well placed FOI requests should start to tease the truth out from the Federal Court's clumsy clutches.

I request a complete review of your decision, on every ground.

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,

Ray B1

External FOI, Federal Court of Australia

OFFICIAL
Dear Ray B1

I acknowledge receipt of your request below for an internal review of the decision made by Registrar Hammerton Cole on behalf of the Federal Court of Australia and dated 23 June 2022.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

5 Attachments

OFFICIAL
Dear Ray B1

Please find attached correspondence from the Federal Court of Australia.

Kind regards,

FOI Officer
Federal Court of Australia

show quoted sections