We don't know whether the most recent response to this request contains information or not – if you are Martin please sign in and let everyone know.

Employment documents for person/s responsible for conducting classification evaluations

We're waiting for Martin to read recent responses and update the status.

Dear Federal Court of Australia,

Under the FOI Act I request access to the following documents:

a) the position description/s in relation to the positions held by the person/s ordinarily responsible for conducting classification evaluations in the Federal Court (presumably public servants in the Court's human resources section);
b) the vacancy notification / notifications in relation to the positions held by the person/s ordinarily responsible for conducting classification evaluations in the Federal Court (presumably public servants in the Court's human resources section); and
c) the classification evaluation/s in relation to the positions held by the person/s ordinarily responsible for conducting classification evaluations in the Federal Court (presumably public servants in the Court's human resources section).

Yours faithfully,

Martin

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Martin

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Martin

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Dear B Henderson,

In your letter of 23 May 2022 you say that the Court is required to conduct consultations for the purposes of s 27A of the FOI Act. I do not believe you.

I asked for the following documents:

a) the position description/s in relation to the positions held by the person/s ordinarily responsible for conducting classification evaluations in the Federal Court (presumably public servants in the Court's human resources section);
b) the vacancy notification / notifications in relation to the positions held by the person/s ordinarily responsible for conducting classification evaluations in the Federal Court (presumably public servants in the Court's human resources section); and
c) the classification evaluation/s in relation to the positions held by the person/s ordinarily responsible for conducting classification evaluations in the Federal Court (presumably public servants in the Court's human resources section).

Not one of those documents, by virtue of being in the class of position descriptions, vacancy notifications and classification evaluations, can possibly require consultation under section 27A of the FOI Act. Your claim that the period for dealing with the FOI request has been extended is, therefore, unlawful.

You have failed to provide a response in the permissible time period.

You have, in the past, lied to others on this very point:

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

I will not be taken for a ride.

Yours sincerely,

Martin

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49266083-2652
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49266083-2652

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.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-49266083-2652
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-49266083-2652

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.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Federal Court of Australia

1 Attachment

Our reference: MR22/00956

 

By email: [FOI #8837 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 MR22/00956.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

OAIC - FOI DR,

5 Attachments

Our reference: MR22/00956

 

 

Mr Martin Cheung

By email: [1][FOI #8837 email]

 

Dear Mr Cheung

 

Thank you for your application for Information Commissioner review (IC
review).

 

At this stage, we do not have the jurisdiction to undertake a review as a
decision on your FOI request is not due until 30 June 2022.

 

It is open to an agency or minister to extend the processing time by a
period of 30 days under s 15(6) of the FOI Act in order to undertake third
party consultations under s27A of the FOI Act. Further information about
third party consultation is available in our [2]FOI Guidelines.

 

While we understand that you do not consider third party consultation
necessary in respect to your FOI request, we are unable to undertake a
review at this stage.

 

It is open to you to re-apply for IC review if you are not satisfied with
the decision, or if you do not receive a decision by the due date.

 

As there is not yet a decision to review, we have finalised this
application as invalid under s 54N of the FOI Act.

 

Yours sincerely

 

Tania Strathearn

[3][IMG]   Intake and Early Resolution Team

Freedom of Information Regulatory Group

Office of the Australian Information
Commissioner

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

1300 363 992 [5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |   [9]Subscribe to OAICnet newsletter

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. mailto:[FOI #8837 email]
2. https://www.oaic.gov.au/freedom-of-infor...
3. https://aus01.safelinks.protection.outlo...
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
9. https://aus01.safelinks.protection.outlo...

External FOI, Federal Court of Australia

6 Attachments

OFFICIAL
Dear Martin

Please find attached correspondence from the Federal Court of Australia.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

Dear B Henderson,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of the entirety of the Federal Court of Australia's handling of paragraphs (b) and (c) of my FOI request 'Employment documents for person/s responsible for conducting classification evaluations'.

There is no justifiable ground for removing content from the vacancy notifications for the "Executive Officer & Senior Human Resources Advisor" and the "Assistant Director, People and Culture" roles that were notified in the Public Service Gazette.

The former role was notified in PS38 of 2021. The position contact was Matt Asquith. His telephone number is 02 4250 7084. That information is publicly accessible on page 7 of 94 in the Public Service Gazette:

https://s3-ap-southeast-2.amazonaws.com/...

The latter role was notified in PS19 of 2020. The position contact was Anthony Szell. His telephone number is 02 6267 0691. That information is publicly accessible on page 8 of 42 in the Public Service Gazette:

https://s3-ap-southeast-2.amazonaws.com/...

Section 47F(2) provides that in determining whether the disclosure of the document would involve the unreasonable disclosure of personal information, an agency or Minister must have regard to the following matters:

(a) the extent to which the information is well known;
(b) whether the person to whom the information relates is known to be (or to have been) associated with the matters dealt with in the document;
(c) the availability of the information from publicly accessible sources ...

Plainly the information is available from publicly accessible sources. Plainly the information is well known. Plainly, you have identified both Mr Szell and Mr Asquith with the telephone numbers that you have claimed are conditionally exempt under s 47F. Section 47F has no application to the documents (or the sections of the documents) that you claim that it has application to.

Therefore the documents you have provided in response to paragraph (b) have been unlawfully redacted.

For the record, it is abundantly clear that Mr Matthew Asquith is the "Assistant Director, People and Culture" in the Federal Court and that Ms Kareen Watt is the "Executive Officer & Senior Human Resources Advisor". That information is publicly accessible online:

https://www.apsjobs.gov.au/s/outcome-det...

https://www.apsjobs.gov.au/s/outcome-det...

Thank you for confirming that these two people are ordinarily responsible for conducting classification evaluations in the Federal Court. It is useful knowing who to approach when the time comes for explanations to be provided as to why classification evaluation documents for the SES Band 1 National Judicial Registrar and EL2 National Judicial Registrar roles cannot be found.

In relation to paragraph (c), you have not adequately explained why the so called "email correspondence" is not only conditionally exempt under ss 47C, 47E and 47F, but also why it is in the public interest to deny access to the documents. How could there ever be a public interest ion denying access to email correspondence that relates to the classification allocated to a role? You had no problem providing the classification evaluation document for the "Executive Officer & Senior HR Advisor" role (although you have redacted the last pages of that document and I object to that redaction because it is not adequately explained why the pages have been redacted).

For these reasons, I request a complete review of your decision in relation to paragraphs (b) and (c) of my FOI request.

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,

Martin

External FOI, Federal Court of Australia

OFFICIAL
Dear Martin,

I acknowledge receipt of your request below for an internal review of the decision made by Ms Henderson on behalf of the Federal Court of Australia and dated 30 June 2022.

Kind regards

FOI Officer
Federal Court of Australia

show quoted sections

External FOI, Federal Court of Australia

1 Attachment

OFFICIAL
Dear Martin,

Please find attached correspondence from the Federal Court of Australia.

Kind regards,

FOI Officer
Federal Court of Australia

show quoted sections

Federal Court of Australia

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-50236714-2831
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-50236714-2831

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.
 

References

Visible links
2. http://www.oaic.gov.au/
3. file:///tmp/tel:1300 363 992
4. mailto:[email address]

Federal Court of Australia

1 Attachment

Our reference: MR22/01251

 

By email: [FOI #8837 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 MR22/01251.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

We don't know whether the most recent response to this request contains information or not – if you are Martin please sign in and let everyone know.