Dear Australian Public Service Commission,

In an article published in the Australian on 10 February 2022 entitled “Top judge warned of registrar overhaul”, the authors note that a registrar who was being considered for a Senior Executive Band 1 position was denied that position to avoid the Australian Public Service Commissioner’s representative vetoing a decision to promote the registrar to the Senior Executive Service.

Justice Greenwood is on the record stating that advice provided to him by his Principal Registrar that “the APSC has a veto on appointment is wrong.”

Pursuant to the FOI Act, I request access to any documents that show that it is lawful to re-evaluate the classification of a group of duties to be performed in an Agency in order to avoid the Australian Pubic Service Commissioner’s (or representative's) power to veto appointments stemming from a selection process, which Justice Greenwood suggests is a non-existent power.

Yours faithfully,

Ray B1

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

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        

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show quoted sections

FOI, Australian Public Service Commission

7 Attachments

OFFICIAL

Dear Applicant

 

A decision notice is enclosed.

 

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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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
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From: FOI <[email address]>
Sent: Tuesday, 15 February 2022 5:17 PM
To: Ray B1 <[FOI #8415 email]>
Cc: FOI <[email address]>
Subject: RE: Acknowledgment SHC22-1389 [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

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: [5]www.apsc.gov.au        

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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

Dear Ms Strangio,

Thank you for confirming that the Australian Public Service Commission has no documents that show that it is lawful to re-evaluate the classification of a group of duties to be performed in an Agency in order to avoid the Australian Public Service Commissioner’s (or representative's) power to veto appointments stemming from a selection process.

Yours sincerely,

Ray B1

Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-50238812-2834
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-50238812-2834

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.
 

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Australian Public Service Commission

1 Attachment

Our reference: MR22/01254

 

By email: [FOI #8415 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 MR22/01254.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

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Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-50355081-2873
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-50355081-2873

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OAIC - FOI DR,

5 Attachments

OAIC reference: MR22/01254

Agency reference: LEX 177

Mr Raphael Lucchese
By email: [1][FOI #8415 email]

Dear Mr Lucchese

Thank you for your application for Information Commissioner review (IC
review). We have today informed the Australian Public Service Commission
that the Information Commissioner will undertake an IC review and
requested information to assist with progressing the review.

Should you receive a revised decision from the agency in the interim,
please let us know as soon as practicable and advise whether you wish to
withdraw your IC review or proceed with a review of the revised decision.
Should you wish to proceed, please include a submission about the grounds
on which you wish to proceed to assist us in progressing your application
and provide a submission that may be shared with the agency. The
submission should:

 1. identify the aspect(s) of the agency or Minister’s decision about
which the review is sought
 2. state why you disagree with the agency or Minister’s decision
 3. identify which documents you consider have been wrongly refused or
which exemptions have been incorrectly applied

We will otherwise provide you with an update when we have received a
response.

Sincerely

Alistair Boyd

[2][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [3]oaic.gov.au

1300 363 992  |  [4][email address]
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Dear Mr Boyd,

MR22/01254

I think you have sent an email to the wrong address.

It seems that you have sent an email relating to "LEX 177", which is a reference to an FOI decision made by Giorgina Strangio of the APSC in response to a request made by Raphael (see https://www.righttoknow.org.au/request/d...), to an email address associated with my FOI request to the APSC about senior staff in the Federal Court attempting to dodge the Australian Public Service Commissioner's representative's putative power of veto over a selection process for an SES Band 1 National Judicial Registrar & District Registrar - QLD vacancy.

It is an understandable mistake because Giorgina Strangio appears to have just "cut and paste" a response on a template and left the email address for my FOI request on the response to Raphael. The correct email address to send your correspondence to would appear to be foi+request-9018-8620cdc5[at symbol]righttoknow.org.au. That is the email address that relates to Raphael's FOI request:

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

I have sent Raphael an email to notify him of the mistake and have relayed your email of 16 August 2022 to him.

Yours sincerely,

Ray

OAIC - FOI DR,

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