Dear Australian Public Service Commission,

Under the FOI Act, I request access to any documents held by the APSC that set out how it is that positions/roles in the APSC may be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification.

Please provide documents by email.

Yours faithfully,

Helen

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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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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Helen left an annotation ()

For those interested, Assistant Secretary Bridie Dawson of the Attorney-General's department has published her reasons for decision in relation to a request that I made to the AGD.

The request was:

Under the FOI Act, I request access to any human resource documents that set out how positions/roles in the AGD can be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification.

The Assistant Secretary's decision can be found here:

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

In that decision, the Assistant Secretary notes that duties cannot be classified over more than one classification where one of those classifications in an SES band classification, a point that seems to have, according to an article published in the Australian on 9 February 2022 (Federal Court boss warned on job rule sidestep), animated concerns in the then acting deputy principal registrar of the Federal Court (and current General Counsel), Scott Tredwell.

FOI, Australian Public Service Commission

13 Attachments

OFFICIAL

Dear Applicant

 

Please find attached a Decision Notice and Documents [1] – [6].

 

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
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 <[email address]>
Sent: Monday, 28 February 2022 1:20 PM
To: Helen <[FOI #8524 email]>
Cc: FOI <[email address]>
Subject: Request SHC22-4122 [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        

[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.

 

 

 

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Dear Ms Strangio,

Thank you for your email.

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 'SES Broadbanding'.

I have carefully reviewed the documents that you have provided. None of the documents set out how it is that positions/roles in the APSC may be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification.

You state the following:

Subsection 9(2A) of the Classification Rules states that the allocation of a classification (whether it be at the APS Level, Executive Level or SES) to a group of duties must be based on the work value of the group of duties described in the work level standards for the relevant classification. There may be circumstances in which a group of duties cuts across several work values and could arguably be classified at different levels. Where this occurs, an Agency Head may consider, on balance, that a certain classification is more suitable to apply to the group of duties in a particular case.

This is distinct from a broadband as described in subsection 9(4) of the Classification Rules, which permits an Agency Head to allocate more than one classification to a group of duties for non-SES employees. Under subsection 9(2A), only one classification is ultimately being allocated but there could, in some cases, be more than one classification that is suitable to allocate – which classification is allocated is a decision for the Agency Head (having regard to the Classification Rules and work level standards).

These comments are not helpful.

In an article titled Federal Court boss warned on job rule sidestep, which was published in the Australian on 9 February 2022, it is noted that Kate McMullan said that there was no impropriety in recruitment processes because “a role review process that had resulted in certain positions being found suitable for either a Legal 2 or (SES1) position, depending on the relative complexity and work load.” As Velan has noted (see: https://www.righttoknow.org.au/request/f...) the issue is that “a particular role (that of National Judicial Registrar) had groups of duties that involved work values (based on the complexity of responsibility of the tasks involved) applying over more than one classification. That is the classic definition of a broadband.”

I agree with Velan when he says that “your references to subsection 9(2A) are just red herrings.”

Either the APSC has documents that set out how positions/roles in the APSC may be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification, or the APSC doesn’t have documents that set out set out how positions/roles in the APSC may be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification.

The documents you have provided do not set out how positions/roles in the APSC may be classified over more than one classification depending on the complexity of the group of duties to be performed, and where one of those classifications in an SES classification.

Please either provide the documents or advise that there are no documents.

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,

Helen

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

7 Attachments

OFFICIAL

Dear Applicant

 

Please find attached a decision notice for your internal review request.

 

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.

 

 

From: FOI <[email address]>
Sent: Wednesday, 30 March 2022 4:50 PM
To: Helen <[FOI #8524 email]>
Cc: FOI <[email address]>
Subject: Acknowledgement: Internal review of Freedom of Information
request - SES Broadbanding [SEC=OFFICIAL]

 

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: [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.

 

 

 

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