Dear Australian Public Service Commission,

In an article in the Australian titled “Untried lawyers score key positions”, which was published on 8 February 2022, the journalists noted that “a legal case manager was offered a position as national registrar in September 2018 – over other experienced solicitors – months before he completed his College of Law legal training course.” This journalists also claims that this legal case manager had only graduated from university in 2017 and that he had not even been “admitted to practice” when offer the role of national registrar, which required the relevant candidate to have litigation and case management experience in Australia’s superior courts of record.

I want to know how it is that a person who does not meet essential requirements for a vacancy may still be engaged or promoted to fill a vacancy, especially in light of the principles of merit based selection set out in the laws of the Commonwealth.

Aside from the Public Service Act 1999, the Public Service Regulations 1999, Directions made under the Public Service Act by the Australian Public Service Commissioner, under the FOI Act I request access to:

a) documents about merit based selection of candidates to fill vacancies in the Australian Public Service; and
b) to the extent that the documents provided under a) do not address the matter, documents indicating that, despite failing to meet essential criteria for a vacancy, a person may be engaged where there is "a clear pathway to to eligibility within a reasonable time after the recruitment process."

I would also like access to documents that set out the powers of the Australian Public Service Commissioner to conduct investigations of his own motion, as well as documents setting out the circumstances in which the Commissioner would exercise such powers.

Yours faithfully,

Ashok

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        

[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.

 

show quoted sections

FOI, Australian Public Service Commission

31 Attachments

OFFICIAL

Dear Applicant

 

Please find attached a decision notice and Documents [1] – [24]

 

A separate email will follow with Documents [25] – [47].

 

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.

 

 

From: FOI <[5][email address]>
Sent: Tuesday, 22 February 2022 9:10 AM
To: Ashok <[6][FOI #8490 email]>
Cc: FOI <[7][email address]>
Subject: RE: SHC22-1618 [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: [8]www.apsc.gov.au        

[9]three hexagons[10]twitter icon [11]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.

 

show quoted sections

FOI, Australian Public Service Commission

30 Attachments

OFFICIAL

Dear Applicant

 

Please find attached Documents [25] – [47].

 

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.

 

 

From: FOI
Sent: Tuesday, 22 March 2022 11:10 AM
To: Ashok <[FOI #8490 email]>
Cc: FOI <[email address]>
Subject: Decision Notice SHC22-1618 (1 of 2) [SEC=OFFICIAL]

 

OFFICIAL

Dear Applicant

 

Please find attached a decision notice and Documents [1] – [24]

 

A separate email will follow with Documents [25] – [47].

 

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        

[6]three hexagons[7]twitter icon [8]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.

 

 

From: FOI <[9][email address]>
Sent: Tuesday, 22 February 2022 9:10 AM
To: Ashok <[10][FOI #8490 email]>
Cc: FOI <[11][email address]>
Subject: RE: SHC22-1618 [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: [12]www.apsc.gov.au        

[13]three hexagons[14]twitter icon [15]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.

 

show quoted sections