Dear Attorney-General's Department,

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 in the possession of the Attorney-General's Department 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 Requests, Attorney-General's Department

OFFICIAL

 

Dear Ray B1

I refer to your request to the Attorney-General's Department (the
department) under the Freedom of Information Act 1982 (FOI Act) for access
to documents.

Your request is for:

Pursuant to the FOI Act, I request access to any documents in the
possession of the Attorney-General's Department 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.

 

If you disagree with this interpretation of your request, please let me
know in writing as soon as possible.

 

The department received your request on 12 March 2022 and the 30 day
statutory period for processing your request commenced from the day after
that date. You should therefore expect a decision from us by 13 April
2022. However, the period of 30 days may be extended if the department
needs to consult third parties or for other reasons. We will advise you if
this happens.

 

The department's practice is to not disclose personal information of staff
of the department and other government authorities, where that information
is not publicly known or routinely disclosed (e.g. names of junior
officers and contact information). The names of senior officers will
generally be disclosed. In addition, duplicates and incomplete email
chains within the scope of the FOI request will be excluded.

 

Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department's disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....

 

If you have any questions, please contact me by telephone on (02) 6141
6666 or by email to [2][AGD request email].

 

 

Joanna

 

Freedom of Information and Privacy | Strategy and Governance Branch

Attorney-General’s Department

T: 02 6141 6666 | E: [3][AGD request email]

OFFICIAL

When you make a request for documents or an inquiry about privacy matters,
the Attorney-Generals Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].
If you have received this transmission in error please notify us
immediately by return e-mail and delete all copies. If this e-mail or any
attachments have been sent to you in error, that error does not constitute
waiver of any confidentiality, privilege or copyright in respect of
information in the e-mail or attachments.

References

Visible links
1. http://www.ag.gov.au/RightsAndProtection...
2. mailto:[AGD request email]
3. mailto:[AGD request email]

FOI Requests, Attorney-General's Department

1 Attachment

OFFICIAL
Dear Ray B1
Freedom of Information Request FOI22/046

I refer to your request to the Attorney-General's Department (the department) under the Freedom of Information Act 1982 (FOI Act) for access to documents.
The purpose of this email is to provide you with a decision in response to that request.

Please find attached your decision letter, including your review rights.

If you have any questions, please contact me by telephone on (02) 6141 6666 or by email to [AGD request email].

Kind regards
Joanna

Joanna Baker
Assistant Director
Freedom of Information and Privacy | Strategy and Governance Branch
Attorney-General’s Department
T: 02 6141 6666 | E: [AGD request email]
OFFICIAL

When you make a request for documents or an inquiry about privacy matters, the Attorney-Generals Department will only collect your personal information where it is reasonably necessary for, or directly related to, our functions under the Freedom of Information Act 1982 or the Privacy Act 1988. We may collect your name, email address and telephone number so that we can contact you about your request under the Freedom of Information Act for access to documents or access to, or correction of, personal information; or a complaint you have made or your request for access to, or correction of, personal information under the Privacy Act. If your request concerns your personal information, we will collect the minimum amount of evidence necessary to verify your identity. The handling of your personal information is protected by the Privacy Act 1988 and our privacy policy is available at http://www.ag.gov.au/Pages/Privacystatem.... If you have an enquiry or complaint about your privacy, please contact the Privacy Contact Officer on 02 6141 2660 or via e-mail [email address]. If you have received this transmission in error please notify us immediately by return e-mail and delete all copies. If this e-mail or any attachments have been sent to you in error, that error does not constitute waiver of any confidentiality, privilege or copyright in respect of information in the e-mail or attachments.

Dear Ms Baker

I acknowledge Ms Chen's refusal decision under s 24A of the FOI Act.

Please pass my thanks to Ms Chen for confirming that the Attorney-General's Department does not have 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 Public Service Commissioner’s (or representative's) power to veto appointments stemming from a selection process, which Justice Greenwood of the Federal Court of Australia suggests is a non-existent power.

It is plain that Warwick Soden, the Federal Court's former Chief Executive and Principal Registrar, misled Justice Greenwood.

Yours sincerely,

Ray B1,