Documents relating to the "Director, Integrity" role that Kate McMullan held in the APSC

The request was partially successful.

Dear Australian Public Service Commission,

Under the FOI Act I request access to the following documents:

a) the vacancy notification published in the Public Service Gazette for the "Director, Integrity" role that Kate McMullan applied for and was recruited to fill;
b) the classification notification for the "Director, Integrity" role that Kate McMullan applied for and was recruited to fill;
c) any and all promotion notices published in the Public Service Gazette identifying Ms McMullan's promotion to the "Director, Integrity" role that Kate McMullan applied for and was recruited to fill;
d) the position description for the "Director, Integrity" role that Kate McMullan applied for and was recruited to fill;
e) the delegation provided to Ms McMullan or to the person holding the "Director, Integrity" role to conduct investigations under the Public Interest Disclosure Act 2013 (this delegation would have to have been made before she conducted her investigation);
f) any documents setting out the criteria that the Australian Public Service Commissioner considers in determining if a person is suitable to hold a delegation to conduct investigations under the Public Interest Disclosure Act 2013.

Yours faithfully,

Marcus

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

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        

[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.

 

 

 

 

show quoted sections

FOI, Australian Public Service Commission

11 Attachments

OFFICIAL

Dear Marcus

 

A decision notice is attached as well as the documents referred to within.

 

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.

 

 

 

 

______________________________________________________________________ 
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. 
______________________________________________________________________

References

Visible links
1. http://www.apsc.gov.au/
3. https://twitter.com/PublicServiceAU
4. https://www.facebook.com/AusPublicService/

Dear Ms Strangio,

Thank you for your decision and the documents that you have granted access to.

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 'Documents relating to the "Director, Integrity" role that Kate McMullan held in the APSC'.

I request an internal review of your decision in respect of paragraphs (b) and (f) of my FOI request.

For clarity, I note that I requested the following documents in paragraphs (b) and (f):

Under the FOI Act I request access to the following documents:

...

b) the classification notification for the "Director, Integrity" role that Kate McMullan applied for and was recruited to fill;

...

f) any documents setting out the criteria that the Australian Public Service Commissioner considers in determining if a person is suitable to hold a delegation to conduct investigations under the Public Interest Disclosure Act 2013.

You have not addressed those paragraphs.

As the Assistant Commissioner, Integrity, Performance and Employment Policy, you would know better than most people in Australia that notifications and records of classification decisions must be maintained to ensure the integrity of classification decisions under rule 9 of the Public Service Classification Rules 2000.

The Australian Public Service Classification Guide provides the following information about classification management:

"Classification management is the way in which decisions relating to organisational structures and the work value of jobs are managed.

Why is classification management important?

Classification management can have a significant impact on the achievement of agency objectives, particularly those relating to workforce efficiency, business productivity and the effective use of resources. Classification management

• allows the future planning of workforce needs to be undertaken in a systematic way
• allows an agency to build clear structures and accountability lines (at individual, work team, branch, division and agency levels)
• enables consistency in classification decision-making through the application of established APS-wide classification principles and practices
• underpins the promotion system and provides a means for managing employee career progression, including lateral moves
• facilitates mobility across the APS

Classification responsibilities

Classification management is part of the devolved APS employment framework provided in the Public Service Act 1999 (PS Act). Agency heads have the responsibility to manage classification arrangements in their respective agencies, within an APS-wide framework outlined in the Public Service Classification Rules 2000 (the Classification Rules) ...

Role of the Australian Public Service Commission

While each agency head has responsibility for managing the work and the people in their own agency, the Australian Public Service Commission (the Commission) provides a high level of central agency support for determining and managing APS classification arrangements.

The Commission is responsible for

• the Classification Rules
• developing and maintaining the APS work level standards and the APS Senior Executive Service work level standards
• providing policy support to agencies on classification matters
• providing guidance and training that supports agencies to make sound classification decisions ...

Making a decision to allocate an approved classification to a job is needed when

• creating a new role
• evaluating an existing role that has undergone a substantial change in the duties to be performed (for example, machinery of government changes, a restructure or reorganisation within the agency, or a new policy)
• confirming the appropriate work value of a job prior to commencing recruitment action.

It is important to ensure that a detailed, factual and up to date picture of the role being classified is established and documented prior to making a decision on the classification level.

This includes:

• a detailed description of the activities (for example, a duty statement)
• an understanding of the inherent requirements of the job and any mandatory licenses, registration or qualifications required
• the skill and knowledge requirements
• any agency arrangements that affect the role (for example, organisational chart).

It is important to remember the principle that the classification allocated is based on the highest level function performed most regularly. This means that the job may contain a mix of duties that are higher and/or lower in work value than the classification allocated ...

Documenting classification decisions

A record must be kept of decisions made when exercising delegated authority under the PS Act or the Classification Rules. Documenting reasons for the decision is also necessary to safeguard the integrity and transparency of the decision outcome.

Classification decisions need to be based on a suitably thorough investigation, including:

• work analysis leading to job design
• reasons for the classification level allocated, including the job analysis and assessment of work value
• details of the assessment made regarding changes in work value where the job is reclassified.

Documented reasons provide valuable historical information that will assist any subsequent review of a job, particularly where changes in work value need to be assessed. Maintaining such records ins important to an agency’s ability to manage its classification arrangements.

The type of information to support a decision regarding the allocation of an approved classification to a role (job) should include:

• background information regarding the reason for the assessment (for example, who initiated the request and why)
• for a new role – evidence that the requirement for the new role has been established, and a work values assessment of the expected duties
• for a role review – an assessment of the change in work value associated with the revised duties
• funding approval for the new or reclassified role."

As the peak public service body and the agency responsible for the management of the public service classification scheme, the Australian Public Service Commission should have a record of the classification notification for the "Director, Integrity" role that Ms McMullan came to fill. After all, somebody must have decided, having conducted an evaluation of the role by reference to objective standards, that the role would bear a classification of Executive Level 2 under the Public Service Classification Rules 2000 (Cth).

Under the Archives Act 1983, a person must not engage in conduct that results in:

the destruction or other disposal of a Commonwealth record; or

the transfer of the custody or ownership of a Commonwealth record; or

damage to or alteration of a Commonwealth record.

Doing so is an offence (s 24(1A)), unless permitted by the Archives Act (s 24(2)).

Class 62600 of the Administrative Functions Disposal Authority makes it clear that establishment activities such as classification evaluations may only be destroyed ten years after the completion of the action. Accordingly, there must be some record of the classifications that were ascribed to the DIrector, Integrity role under rule 9 of the Public Service Classification Rules 2000.

As I mentioned earlier, you have failed to provide documents addressing my request for any documents setting out the criteria that the Australian Public Service Commissioner considers in determining if a person is suitable to hold a delegation to conduct investigations under the Public Interest Disclosure Act 2013. I would like to believe that the Australian Public Service Commissioner would not, willy-nilly, delegate his investigative powers under the Public Interest Disclosure Act 2013 to people who do not have the competence to undertake administrative investigations under one of the most important Commonwealth integrity laws.

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

5 Attachments

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request for internal review of FOI decision (reference
LEX136) 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: [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.

 

 

 

show quoted sections

FOI, Australian Public Service Commission

8 Attachments

OFFICIAL

Please see 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.

 

show quoted sections