Documents relating to the selection of Kate Boxsell as the Assistant Commissioner, Leadership and Talent Development at the Australian Public Service Commission

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

Under the FOI Act I request:

a) the vacancy notification published in the Public Service Gazette for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
b) the position description for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
c) any and all classification evaluation documentation for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
d) the record of the analysis leading to the task and job design of the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
e) the record of the supporting reasons for the classification decision, including reference to the comparisons made with formal standards (e.g. the Australian Public Service Commissioner's work level standards) for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
f) the assessment of the resource impact of the creation or reclassification of the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
g) the evidence that there was a need for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
h) Ms Boxsell’s job application for the Assistant Commissioner, Leadership and Talent Development position that she came to fill;
i) the certification that the Australian Public Service Commissioner's representative issued following his or her participation in the selection process for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
j) any and all correspondence between staff in the Australian Public Service Commission and the Australian Public Service Commissioner's representative in relation to the selection process for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
k) to the extent that the Australian Public Service Commissioner personally participated in the selection process for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill, any correspondence sent to, or received by, the Australian Public Service Commissioner or his staff in relation to his participation in the selection process for the Assistant Commissioner, Leadership and Talent Development position that Kate Boxsell came to fill;
l) any promotion notice published in the Public Service Gazette following the promotion of Kate Boxsell to the Assistant Commissioner, Leadership and Talent Development position in the APSC;
m) the record of decision (by a selection panel or otherwise) to select Kate Boxsell as the Assistant Commissioner, Leadership and Talent Development in the APSC; and
n) the record of the reasons for decision (by a selection panel or otherwise) to select Kate Boxsell as the Assistant Commissioner, Leadership and Talent Development position in the APSC.

Please ensure that you address each of (a) - (n) discretely in your FOI decision letter so that the FOI decision is clearly articulated.

Documents can be sent to me by return email.

Yours faithfully,

Marcus

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 3500  w: [1]www.apsc.gov.au        

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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Applicant

 

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        

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Dear Ms Sims,

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 selection of Kate Boxsell as the Assistant Commissioner, Leadership and Talent Development at the Australian Public Service Commission'.

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 3720  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

See attached.

 

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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Marcus left an annotation ()

Sita Jackson, the internal review decision maker and an assistant commissioner in the Australian Public Service Commission, has refused to provide the requested documents.

Her reasons for refusing to provide the documents requested in paragraphs a), h), i), j), k), l), m), and n) are as follows:

“The role was not advertised. The role was filled by a person already at level who transferred into the position. Therefore:

• There was no job advertisement
• Job application
• Selection process
• Record of decision or reasons for a selection process
• Gazettal notice”

Her reasons for refusing to provide the documents requested in paragraphs c), d), e), f), and g) are as follows:

“The role is an existing ongoing position at the SES Band 1 classification that
was being backfilled. As such, there was no need for the Commission to:

• Undertake fresh analysis leading to the task and job design for the role
• Undertake a fresh comparison with the work level standards
• Undertake an assessment of the resource impact of the creation or
reclassification of the role
• Obtain further evidence regarding the need for the role”

Her reasons for refusing to provide the documents requested in paragraph b) is “The document cannot be found or does not exist.”

Raphael has captured the issues perfectly in his comments he has made here:

https://www.righttoknow.org.au/request/p... and

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

To assist the officers conducting the IC review process, Raphael set out what is required by the Australian Public Service Classification Guide. As Raphael noted:

According to the Guide:

1) “The Australian Public Service (APS) classification guide has been developed by the Australian Public Service Commission (the Commission) and provides policy guidance on determining and managing classification arrangements in the APS.”

2) The Guide “provides general advice on workforce classification within the APS and replaces the 1992 publication Handbook of Australian Public Service Classification Management.”

3) The Guide “outlines the broad framework and principles underlying the system of classification management, and provides guidance and advice on techniques that agencies can use when putting these principles into practice.”

4) “The report on the APS classification review, published in November 2012, made a series of recommendations to strengthen the integrity of the classification system and to achieve greater consistency in classification decision-making across the APS.”

5) The Guide “has been developed in response to recommendations made in the APS classification review.”

6) The Guide “presents a common approach to classification management across the APS and builds on good practice already in place in many APS agencies.”

7) “The Public Service Act 1999 (PS Act) is the principal legislation that governs the employment framework for the APS employees. It enables the Australian Public Service Commissioner (the Commissioner) to make rules about the classification of APS employees (section 23(1)), which are found in the Public Service Classification Rules 2000 (the Classification Rules). Agency heads must comply with these rules (section 23(3)).

The Classification Rules is the legislative instrument that governs APS classification arrangements. It provides the foundation for mobility within the APS by specifying a system of managing ‘groups of duties’ that is common to all APS agencies. From 1 December 2014, under these rules

• approved classifications are specified (rule 5)
• an agency head must allocate an approved classification to each employee in the agency, based on the group of duties to be performed (rule 6)
• an agency head must allocate an approved classification to each group of duties to be performed in the agency, based on the work value of the group of duties (rule 9 (1) (2)) for APS, Executive Level and SES classifications, the allocation of the approved classification must be based on the work value as described in the work level standards issued, in writing, by the Australian Public Service Commissioner (the Commissioner) (rule 9(2A))
• for classifications other than APS, Executive Level or SES levels, agency heads must issue work level standards, in writing, that describe the work value of the group of duties to be performed in the agency at that classification (rule 10)
• more than one classification (called a broadband) can be allocated to a group of duties (rule 9(4)).

8) “The objectives of the APS classification system are consistency, transparency, flexibility and mobility.”

9) “Classification arrangements that are supported by clearly defined work level standards support an open and transparent classification system.”

10) “The classification system is applied and supported through legislative provisions, policy guidance and support tools.”

11) “The PS Act and the Classification Rules have already been identified as the legislative basis for the classification system, providing a common foundation for classification management across all APS agencies.”

12) “This foundation is supported by a range of policy guidance and supporting tools.”

13) “Role evaluation tools

Role evaluation is the way the work value of new and existing roles can be assessed in a structured and systematic way. The Australian Public Service Commission (the Commission) has developed role evaluation tools that can be used by agencies to assist in assessing roles for the APS Level and Executive Level classifications and the SES classifications.

APS Role evaluation tool and guidance can be found at

http://www.apsc.gov.au/publications-and-...

SES Evaluation Methodology Guidelines and Process can be found at

http://www.apsc.gov.au/aps-employment-po...

14) “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.”

15) “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.”

16) “A record must be kept of decisions made when exercising delegated authority under the PS Act or the Classification Rules.”

17) “Documenting reasons for the decision is also necessary to safeguard the integrity and transparency of the decision outcome.”

18) “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.

19) “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.”

20) “Maintaining such records ins important to an agency’s ability to manage its classification arrangements.”

21) “Thorough information and documentation procedures relating to classification decisions are necessary elements in safeguarding the integrity of the process.”

22) “A decision to allocate a new or revised classification level to a job is made under delegated authority under the Public Service Act 1999 and the Public Service Classification Rules 2000. This means a record of the decision must be made, including the reasons for the decision.”

23) “Adequate documentation in support of classification decisions can also provide valuable information to assist any subsequent review of a job where, for example, further work value changes may need to be assessed.”

24) “Appropriate documentation includes, but is not limited to, job descriptions, completed questionnaires and interviews. Other supporting documentation may include:

• background information (who initiated the action and why)
• in the case of a new role – some evidence that the need for the new role had been established
• an assessment of the resource impact of the creation or reclassification
• an analysis leading to task and job design
• supporting reasons for the classification decision, including reference to the comparisons made with formal standards
• in the case of a reclassification – a summary and assessment of work value change, including reference to the authority for the change.”

25) “Maintaining such records is important to an agency’s ability to manage its classification arrangements effectively.”

As noted, Sita Jackson’s reasons for refusing to provide the documents requested in paragraphs c), d), e), f), and g) are as follows:

“The role is an existing ongoing position at the SES Band 1 classification that was being backfilled. As such, there was no need for the Commission to:

• Undertake fresh analysis leading to the task and job design for the role
• Undertake a fresh comparison with the work level standards
• Undertake an assessment of the resource impact of the creation or
reclassification of the role
• Obtain further evidence regarding the need for the role”

As Raphael has correctly intimated, it is just contrived to state that because the position is an EXISTING ongoing SES Band 1 classified role, “there was no need for the Commission to:

• Undertake fresh analysis leading to the task and job design for the role
• Undertake a fresh comparison with the work level standards
• Undertake an assessment of the resource impact of the creation or
reclassification of the role
• Obtain further evidence regarding the need for the role.”

That is just nonsense. Whether the role is “fresh” or “existing”, some record of:

a) the task and job design for the role;
b) an assessment by reference to the Commissioner’s work level standards;
c) an assessment about the resource impact of the role; and
d) evidence regarding the need for the role,

must exist. The “fresh analysis” statement is a red hearing; it’s pure hokum.

I request IC review of the internal review decision, in respect of paragraphs b), c), d), e), f) and g) of my original FOI request, on the grounds set out above.

Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-51229216-3088
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-51229216-3088

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
 
 
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References

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Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-51229216-3088
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-51229216-3088

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: MR22/01636

 

By email: [FOI #9085 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 MR22/01636.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

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