Employment documents for officers with integrity and employment policy functions in the Australian Public Service Commission

The request was refused by Australian Public Service Commission.

Dear Australian Public Service Commission,

Part A

Under the FOI Act, I request the following documents:

a) the position description for the Assistant Commissioner Integrity, Performance and Employment Policy role in the Australian Public Service Commission that Giorgina Strangio applied for and came to fill;
b) the classification evaluation for the Assistant Commissioner Integrity, Performance and Employment Policy role in the Australian Public Service Commission that Giorgina Strangio applied for and came to fill;
c) the vacancy notification published in the Public Service Gazette or elsewhere for the Assistant Commissioner Integrity, Performance and Employment Policy role in the Australian Public Service Commission that Giorgina Strangio applied for and came to fill;
d) the position description for the First Assistant Commissioner role in the Australian Public Service Commission that Patrick Hetherington applied for and came to fill;
e) the classification evaluation for the First Assistant Commissioner role in the Australian Public Service Commission that Patrick Hetherington applied for and came to fill; and
f) the vacancy notification published in the Public Service Gazette or elsewhere for the First Assistant Commissioner role in the Australian Public Service Commission that Patrick Hetherington applied for and came to fill.

Part B

To the extent that officials other than the Assistant Commissioner Integrity, Performance and Employment Policy or the First Assistant Commissioner have a role in considering:

i. repeated or systematic contraventions of public service employment policies by APS officials in Commonwealth agencies or Departments; or
ii. repeated or systematic contraventions of the Public Service Classification Rules 2000 by APS officials in Commonwealth agencies or Departments; or
iii. repeated or systematic attempts to undermine caps placed on the number of SES employees Commonwealth agencies or Departments may have; or
iv. repeated or systematic failures by APS officials to maintain records of classification evaluation processes for roles in Commonwealth agencies or Departments,

under the FOI Act, I request the following documents:

a) the position description for the officer/s responsible for considering (i)-(iv) in the Australian Public Service Commission;
b) the classification evaluation for the officer/s responsible for considering (i)-(iv) in the Australian Public Service Commission; and
c) the vacancy notification published in the Public Service Gazette or elsewhere for the officer/s responsible for considering (i)-(iv) in the Australian Public Service Commission.

Yours faithfully,

raphael

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.

Kind 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
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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

Dear Applicant

 

Please see attached.

 

Kind 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        

[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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Dear Vidya Vasudevan,

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 'Employment documents for officers with integrity and employment policy functions in the Australian Public Service Commission'.

Your response is unacceptable.

As you know, I requested position descriptions.

Under the Archives Act 1983, a person must not engage in conduct that results in:

the destruction or other disposal of a Commonwealth record; or

the transfer of the custody or ownership of a Commonwealth record; or

damage to or alteration of a Commonwealth record.

Doing so is an offence (s 24(1A)), unless permitted by the Archives Act (s 24(2)).

The Administrative Functions Disposal Authority that you have provided makes it clear that “details of assigned duties” in relation to each employee must be “destroy[ed] 75 years after date of birth of employee or 7 years after last action, whichever is the later”. Are you suggesting that the records have been handled in a way that constitutes an offence? There must be some record of what Mr Hetherington's and Ms Strangio's positions entail.

As you know, I requested classification evaluations.

Under the Archives Act 1983, a person must not engage in conduct that results in:

the destruction or other disposal of a Commonwealth record; or

the transfer of the custody or ownership of a Commonwealth record; or

damage to or alteration of a Commonwealth record.

Doing so is an offence (s 24(1A)), unless permitted by the Archives Act (s 24(2)).

The Administrative Functions Disposal Authority that you have provided makes it clear that “details of assigned duties” in relation to each employee must be “destroy[ed] 75 years after date of birth of employee or 7 years after last action, whichever is the later”. Are you suggesting that the records have been handled in a way that constitutes an offence? There must be some record of the classifications that were ascribed to the First Assistant Commissioner role and the Assistant Commissioner Integrity, Performance and Employment Policy under rule 9 of the Public Service Classification Rules 2000. How else would the Agency Head or his delegate have come to the conclusion that the roles should assigned SES2 and SES1 band classifications respectively?

Finally, your response does not address Part B. You've just build up a straw man to knock over. You acknowledge it is possible to make complaints about contraventions to the APSC, even though you claim that the APSC won't "regulate" persistent contraventions of the law by an agency (which is pathetic and certainly not in keeping with the Commissioner's obligation to (e) to promote the APS Values, the APS Employment Principles and the Code of Conduct; (f) to evaluate the extent to which Agencies incorporate and uphold the APS Values and the APS Employment Principles; or (l) to evaluate the adequacy of systems and procedures in Agencies for ensuring compliance with the Code of Conduct). As such there must be somebody to whom complaints can be made. Please provide the documents requested in Part B.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/e...

Yours faithfully,

raphael

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Raphael

 

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        

[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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FOI, Australian Public Service Commission

6 Attachments

OFFICIAL

Dear Raphael

 

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        

[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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