Selection report - National Registrar - vacancy notification NN 10725189 in Public Service Gazette No PS19 of 2018

Response to this request is long overdue. By law, under all circumstances, Australian Public Service Commission should have responded by now (details). You can complain by requesting an internal review.

Dear Australian Public Service Commission,

I refer to vacancy notification NN 10725189 on pages 40-41 in Public Service Gazette No PS19 published on 10 May 2018.

The vacancy notification is for National Registrar positions in the Federal Court.

The contact officer for the positions was Penny Brenchley.

The eligibility requirement for the position provided:

This position may require the occupant to perform statutory legal functions as necessary.

Under the FOI Act, I would like to be provided with the selection reports for the National Registrar vacancy NN 10725189.

There is a public interest in being provided with these selection reports because selection processes for registrars of the Federal Court have come under public scrutiny in the media and were the subject of investigation by Kate McMullan of the Australian Public Service Commission. Ms McMullan's investigation is now subject to an investigation by the Commonwealth Ombudsman (a Category 4 investigation as at 21 March 2022), presumably because Ms McMullan's investigation, which was conducted under the Public Interest Disclosure Act 2013, was inadequate.

Please do not redact the names of the members of the selection committee who signed any reports.

Please do not redact any date information affixed to any reports.

Please do not redact the signature of the members of the selection committee to the extent that those members were:

Sia Lagos (whose signature is published all over the internet (e.g. on every order of the Federal Court published on the Commonwealth Courts Portal));
David Pringle (whose signature is published all over the internet (e.g. on every order of the Federal Circuit and Family Court published on the Commonwealth Courts Portal) and is published on the Federal Court of Australia's FOI disclosure log (e.g. PA2925/06-13));
Andrea Jarratt (whose signature is published on the Federal Court of Australia's FOI disclosure log (e.g. PA2925/06-13)).

Please provide the reports by email.

Yours faithfully,

Marcus

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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FOI, Australian Public Service Commission

7 Attachments

OFFICIAL

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        

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From: FOI <[email address]>
Sent: Thursday, 14 April 2022 11:35 AM
To: Marcus <[FOI #8721 email]>
Cc: FOI <[email address]>
Subject: SHC22-26976 Acknowledgement [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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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 Ms Strangio,

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 'Selection report - National Registrar - vacancy notification NN 10725189 in Public Service Gazette No PS19 of 2018'.

I disagree with your decision. For the most part, I adopt my reasons in support of my internal review request here:

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

I also note that B Henderson of the Federal Court has granted access to a redacted version of the selection report requested here:

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

It is also public information that there have only been three male "National Registrars" in the history of the Federal Court since that title came into effect in 2018 - they are Adam Bundy, David Priddle and Rohan Muscat. See:

page 132 of the 2018-2019 annual report of the Federal Court;
page 128 of the 2019-2020 annual report of the Federal Court;
page 129 of the 2020-2021 annual report of the Federal Court; and
the current list of registrars on the website of the Federal Court, which lists Adam Bundy, Rohan Muscat and David Priddle as the only three national registrars: https://fedcourt.gov.au/about/registrars...

You will also notice that the "National Registrar" title did not exist in the Court before 2018 because none of the annual reports preceding ever make reference to such registrars. The title was concocted by management at the Court in 2018 and has not basis in law (as to which please refer to s 18N of the Federal Court of Australia Act 1976, which sets out the only registrar offices available under the Act, which are, other than Chief Executive Officer and Principal Registrar, "District Registrar", "Registrar" and "Deputy District Registrar".

As Mircea has pointed out, only Adam Bundy and Rohan Muscat came on board in 2018, with Mr Priddle having been a long serving deputy district registrar in the Victoria Registry of the Federal Court before being made a "National Registrar".

You also know the context in which this request has been sent. It is in the context of the article published on the front page of The Australian on 8 February 2022 where the journalist noted that a male legal case manager was promoted to the position of "National Registrar" over other well qualified people even though he has not been admitted to the Supreme Court of a State or Territory and had no experience case managing matters before superior courts of record (those two criteria being essential to the role). He was offered the "National Registrar" role in September 2018, some five months before he was admitted as a practitioner of a Supreme Court in February 2019.

The journalists also noted that an experienced candidate who applied for the national registrar position that the male legal case manager was appointed to "had been a litigator since 1994 specialising in Federal Court matters. She had previously been a deputy district registrar with the court, lectured at the University of NSW and had published several books about Federal Court litigation."

After conducting searches on the internet the only female that I have been able to identify as meeting that description is Dr Natalie Cujes of UNSW Canberra. Her profile can be accessed here: https://www.unsw.adfa.edu.au/natalie-cujes

You should provide a copy of the selection report with both Mr Bundy's and Mr Muscat's name apparent. You are welcome to redact deliberative matter. I do not care about that.

Please do not redact Ms Sia Lagos' name, her title, her signature or any date information.

Please do not redact Mr David Pringle's name, his title, his signature or any date information.

Please do not redact Ms Andrea Jarratt's name, her title, or any date information.

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

Yours faithfully,

Marcus

FOI, Australian Public Service Commission

5 Attachments

OFFICIAL

Dear Applicant

 

The Australian Public Service Commission (APSC) is writing to acknowledge
receipt of your request for internal review under the Freedom of
Information Act 1982 (FOI Act).

 

The timeframe for responding to your internal review request is 30 days
from the date of receipt. This timeframe for internal review may be
extended in very limited 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 Applicant

 

Please see the attached internal review decision notice.

 

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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Australian Public Service Commission

 
 
  [1]Office of the Australian Information Reference Code:  
Commissioner ICR_10-48756661-2563
 

 
You submitted a form called: FOI Review_
 
Your form reference code is: ICR_10-48756661-2563

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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Dear Mr Spaccavento,

Thank you for attempting to make a lawful decision. Sadly, you have not. For that reason, I have applied for review of your decision by the Information Commissioner. I look forward to receiving the APSC's submissions in due course.

Yours faithfully,

Marcus

Australian Public Service Commission

1 Attachment

Our reference: MR22/00805

 

By email: [FOI #8721 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 MR22/00805.

 

Yours sincerely

 

Freedom of Information Regulatory Group

Office of the Australian Information Commissioner

 

 

 

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