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Documents relating to the selection of Susan O'Connor as an SES Band 1 National Judicial Registrar in the Federal Court

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Dear Federal Court of Australia,

According to a document associated with disclosure 2925-06/9 published on the Federal Court of Australia's FOI disclosure log (www.fedcourt.gov.au/disclosurelog), Susan O'Connor was engaged, in November 2018, from outside of the Australian Public Service, to fill an SES Band 1 National Judicial Registrar role, based in New South Wales, on a full time, ongoing basis.

Given that Ms O'Connor was engaged from outside of the Australia Public Service as an SES Band 1 National Judicial Registrar, Ms O'Connor could not have been transferred into the Federal Court Statutory Agency under sections 26 or 27 of the Public Service Act 1999.

Given that Ms O'Connor was engaged from outside of the Australia Public Service as an SES Band 1 National Judicial Registrar, one would expect that Ms O'Connor applied for the SES Band 1 National Judicial Registrar role that she was selected to fill.

Given that Ms O'Connor was engaged from outside of the Australia Public Service as an SES Band 1 National Judicial Registrar, one would expect that the SES Band 1 National Judicial Registrar role was advertised to people outside of the Australian Public Service (i.e. to the Australian community).

All fairly uncontroversial.

Under the FOI Act I request access to:

a) the vacancy notification published in the Public Service Gazette for the SES Band 1 National Judicial Registrar role that Susan O'Connor was selected to fill and applied for;

b) the certification that the Australian Public Service Commissioner's representative issued in the course of his or her participation in the selection process for the SES Band 1 National Judicial Registrar role that Susan O'Connor succeeded in securing;

c) the record of decision (by a selection panel or otherwise) to select Susan O'Connor to fill the SES Band 1 National Judicial Registrar role, which was made in the course a merit based selection process for the SES Band 1 National Judicial Registrar role that Susan O'Connor was selected to fill; and

d) the record of the reasons for decision (by a selection panel or otherwise) to select Susan O'Connor to fill the SES Band 1 National Judicial Registrar role, which was made in the course of a merit based selection process for the SES Band 1 National Judicial Registrar role that Susan O'Connor was selected to fill.

Please read these paragraphs very carefully.

For example, consider paragraph (a). I do not want to be provided with vacancy notifications for an SES Band 2 Senior National Judicial Registrar role, or an SES Band 1 National Judicial Registrar & District Registrar role, or a EL2 Judicial Registrar role. None of these documents addresses (a) of the FOI request.

I am asking for a document that meets all of these criteria:

i) is a vacancy notice published in the Public Service Gazette; and
ii) the notice is for a role classified at the SES Band 1 classification; and
iii) the notice is for a role that bears the title National Judicial Registrar; and
iv) is a notice for the role (i.e. the SES Band 1 National Judicial Registrar) that Susan O'Connor applied to fill; and
v) is a notice for the SES Band 1 National Judicial Registrar role that Susan O'Connor has, in fact, come to fill by virtue of being selected to fill that SES Band 1 National Judicial Registrar role.

Now consider paragraph (b). I do not want to be provided with the certification issued by the Australian Public Service Commissioner's representative for an SES Band 2 Senior National Judicial Registrar role. I do not want to be provided with the certification issued by the Australian Public Service Commissioner's representative for an SES Band National Judicial Registrar & District Registrar - VIC role. I do not want to be provided with the certification issued by the Australian Public Service Commissioner's representative for an SES Band National Judicial Registrar & District Registrar - QLD role. I do not want to be provided with the certification issued by the Australian Public Service Commissioner's representative for an SES Band National Judicial Registrar & District Registrar - WA role. Not one of these documents addresses (b) of my FOI request.

Susan O'Connor did not secure an SES Band 2 Senior National Judicial Registrar role following a merit based selection process. Therefore the Australian Public Service Commissioner's representative's certification for an SES Band 2 Senior National Judicial Registrar role does not address (b) of my request.

Susan O'Connor did not secure the SES Band 1 National Judicial Registrar & District Registrar - VIC role following a merit based selection process. That role was secured by Tim Luxton following a merit based selection process. Therefore the Australian Public Service Commissioner's representative's certification for an SES Band National Judicial Registrar & District Registrar - VIC role does not address (b) of my request.

Susan O'Connor did not secure the SES Band 1 National Judicial Registrar & District Registrar - QLD role following a merit based selection process. That role was secured by Murray Belcher following a merit based selection process, even though he was denied promotion to the Senior Executive Service because senior officials in the Federal Court conspired with one another and allocated an Executive Level 2 classification to Murray Belcher. Therefore the Australian Public Service Commissioner's representative's certification for an SES Band National Judicial Registrar & District Registrar - QLD role does not address (b) of my request.

Susan O'Connor did not secure the SES Band 1 National Judicial Registrar & District Registrar - WA role following a merit based selection process. That role was secured by Russell Trott following a merit based selection process, even though he was denied promotion to the Senior Executive Service because senior officials in the Federal Court conspired with one another to deny Mr Trott lawful promotion. Therefore the Australian Public Service Commissioner's representative's certification for an SES Band National Judicial Registrar & District Registrar - QLD role does not address (b) of my request.

I am asking for a document that meets all of these criteria:

i) is a certification issued by the Australian Public Service Commissioner's representative; and
ii) the certification was issued in the course of the representative's participation in a merit based selection process; and
iii) the merit based selection process that the representative certified was for the SES Band 1 National Judicial Registrar role that Susan O'Connor, as a matter of fact, succeeded in securing; and
iv) the certification issued certifies the selection process for the SES Band 1 National Judicial Registrar role that Susan O'Connor, as a matter of fact, succeeded in securing.

Now consider paragraph (c). I do not want to be provided with a record of decision, prepared by a selection panel consisting of Sia Lagos, David Pringle and Andrea Jarratt, for the SES Band 2 Senior National Judicial Registrar role (the role had a "Scout Reference Number" of 99096). I do not want to be provided with a record of decision for an SES Band 1 National Judicial Registrar & District Registrar role. I do not want to be provided with a record of decision for an SES Band 1 National Appeal Registrar role. I do not want to be provided with a record of decision for an SES Band 1 Native Title Registrar role. None of these documents addresses (c) of my request.

I am asking for a document that meets all of these criteria:

i) is a record of decision to select Susan O'Connor for a National Judicial Registrar role classified at the SES Band 1 classification; and
ii) is a record of decision made in the course of a merit based selection process for the SES Band 1 National Judicial Registrar role that Susan O'Connor did, as a matter of fact, come to fill.

Now consider paragraph (d). I do not want to be provided with record of reasons for decision for the SES Band 2 Senior National Judicial Registrar role. I do not want to be provided with a record of reasons for decision for an SES Band 1 National Judicial Registrar & District Registrar role. I do not want to be provided with a record of reasons for decision for an SES Band 1 National Appeal Registrar role. I do not want to be provided with a record of reasons for decision for an SES Band 1 Native Title Registrar role. None of these documents addresses (d) of my request.

I am asking for a document that meets all of these criteria:

i) is a record of reasons for decision to select Susan O'Connor for a National Judicial Registrar role classified at the SES Band 1 classification; and
ii) is a record of reasons for decision made in the course of a merit based selection process for the SES Band 1 National Judicial Registrar role that Susan O'Connor did, as a matter of fact, come to fill.

I have scoured the Public Service Gazette to find a vacancy notification for an SES Band 1 National Judicial Registrar role. It does not exist. I have reviewed past FOI application made for the vacancy notification published in the Public Service Gazette for the SES Band 1 National Judicial Registrar role. FOI decision makers have failed to provide the vacancy notification. The vacancy notification does not exist.

As to the rest of the documents, I believe that they do not exist because I have seen a public interest disclosure, which convincingly identifies the unlawful conduct engaged in by senior officials in the Federal Court to take the SES Band 1 classification that would have been allocated to Murray Belcher and allocate it to somebody else. Justice Greenwood alluded to this unlawful conduct, in an article published on 10 February 2022 in The Australian, when he noted that the classification had been moved elsewhere in the organisation to cheat Mr Belcher out of his lawful promotion to the Senior Executive Service.

Yours faithfully,

Ray B1

External FOI, Federal Court of Australia

1 Attachment

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

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