Documents relating to the selection of Rupert Burns as a National Judicial Registrar in the Federal Court

The request was refused by Federal Court of Australia.

Dear Federal Court of Australia,

Under the FOI Act I request:

a) the vacancy notification published in the Public Service Gazette for the National Judicial Registrar position that Rupert Burns came to fill;
b) the position description for the National Judicial Registrar position that Rupert Burns came to fill;
c) any and all classification evaluation documentation for the National Judicial Registrar position that Rupert Burns came to fill;
d) the record of the analysis leading to the task and job design of the National Judicial Registrar position that Rupert Burns 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 National Judicial Registrar position that Rupert Burns came to fill;
f) the assessment of the resource impact of the creation or reclassification of the National Judicial Registrar position that Rupert Burns came to fill;
g) the evidence that there was a need for the National Judicial Registrar position that Rupert Burns came to fill;
h) Rupert Burns’ job application for the National Judicial Registrar position that Rupert Burns that he came to fill;
i) any promotion notice published in the Public Service Gazette following Rupert Burns’ promotion from the Judicial Registrar role to the National Judicial Registrar position in the Federal Court;
j) the record of decision (by a selection panel or otherwise) to select Rupert Burns as a National Judicial Registrar in the Federal Court; and
k) the record of the reasons for decision (by a selection panel or otherwise) to select Rupert Burns as a National Judicial Registrar in the Federal Court.

Please ensure that you address each of (a) - (k) 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

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Marcus

Please find attached correspondence from the Federal Court of Australia.

Kind regards,

FOI Officer
Federal Court of Australia

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Dear FOI Officer,

I agree to pay the estimated charge. Please process the FOI request.

Yours sincerely,

Marcus

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Marcus

Please find attached correspondence from the Federal Court of Australia.

Kind regards,

FOI Officer
Federal Court of Australia

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External FOI, Federal Court of Australia

OFFICIAL
Dear Marcus

I refer to your request, received on 2 July 2022 and communicated by email to [email address], for access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act).

As advised in the letter from the Court dated 15 July 2022, the Court exercised its discretion under the FOI Act and determined that you were liable to pay a charge for the processing of your FOI request. The estimated charge was set out in that letter and was assessed in accordance with the rates prescribed by the Freedom of Information (Charges) Regulations 2019. On 16 July 2022 you advised the Court by return email that you agreed to pay the estimated charge.

The Court sent you a further letter and invoice for the amount payable on 19 July 2022. To date, we have received no payment of this invoice. In the letter dated 19 July 2022, you were advised that one (1) document had been identified as falling within the scope of your request and that document was publicly available (see https://www.fedcourt.gov.au/disclosurelog, reference PA2925-06/40, National Judicial Registrar – EL 2). Given that the document was publicly available, the Court invited you to consider whether you wished to avoid the charge for processing the FOI request by withdrawing your FOI request. The Court has received no response from you since 16 July 2022. Further, you were advised that under section 31(2) of the FOI Act, the processing period for your FOI request had temporarily ceased from the day you received the notice of charge, being 15 July 2022, and would not recommence until you paid the charge (in the circumstances set out in either sections 31(2)(a) or 31(2)(b) of the FOI Act).

Given the circumstances outlined above, if you do not make payment of that invoice within sixty (60) days of the date of this email, the Court will consider your FOI request to have been withdrawn.

Kind regards

FOI Officer
Federal Court of Australia

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External FOI, Federal Court of Australia

OFFICIAL
Dear Marcus

I refer to your request, received on 2 July 2022 and communicated by email to [email address], for access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act). I also refer to the letter from the Court dated 15 July 2022, your email communication dated 16 July 2022, the further letter from the Court with an accompanying invoice dated 19 July 2022 and the email below.

As advised in the letter from the Court dated 15 July 2022, the Court exercised its discretion under the FOI Act and determined that you were liable to pay a charge for the processing of your FOI request. The estimated charge was set out in that letter and was assessed in accordance with the rates prescribed by the Freedom of Information (Charges) Regulations 2019. Upon your agreement to pay the charge on 16 July 2022, an invoice was provided to you on 19 July 2022. No payment was received and the below email was sent to you on 19 August 2022 providing a further sixty (60) days to pay the charge as invoiced.

As that sixty (60) day period has now expired and you have not provided the requisite payment of the invoice to the Court, your FOI request is taken to have been withdrawn.

Kind regards

FOI Officer
Federal Court of Australia

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