Wednesday 29 August 2012

ITSA's Audit Committee


Audit Committee
ITSA’s Audit Committee advises the Chief Executive and the National Management Board on a range of audit and financial practice matters. In addition to considering the results of the various internal and external audits and, importantly, the action subsequently taken to respond to and implement auditors’ recommendations, the committee monitors the application of, and compliance with, systems and frameworks for ensuring high levels of internal control, financial reporting, risk management and fraud control.
The Audit Committee has three members: an independent (external) Chairman and two ITSA senior executives.
The Audit Committee membership for the relevant periods of the 2010–11 financial year were as follows:
  • Mr Peter Kennedy PSM (Independent Chairman) – July to September 2010
  • Mr Peter McQuoid (Independent Chairman) – September 2010 – June 2011
  • Adam Toma (National Manager, Trustee Services and Audit Committee Member) –
    July 2010 – June 2011
  • Pat Tragauer (Business Manager, Information and Registries and Audit Committee Member) – July 2010 – June 2011
  • Andrew Robinson (National Manager, Information and Registries and Audit Committee Member) – January to June 2011.
Values, conduct and ethical standards
ITSA’s strategic and operational plans and Enterprise Agreement play a key role in reinforcing the requirement for ITSA employees to uphold the Australian Public Service Values and comply with the Code of Conduct. Full details of initiatives conducted during 2010–11 are contained in the section Management of ITSA’s people (page 68).

APS Values, Code of Conduct and Ethical Behaviour
ITSA’
APS Values, Code of Conduct and Ethical Behaviour
ITSA’s Operational Plans and Enterprise Agreement play a key role in reinforcing the
requirement for ITSA employees to uphold the Australian Public Service (APS) Values and
comply with the Code of Conduct. The Values and the Code also are incorporated into
ITSA’s performance feedback scheme and as part of the generic capability framework
which is used as the basis for selecting employees.
Information on the Values and Code of Conduct is contained in induction material given
to each new employee and is posted on ITSA’s intranet. Formal procedures are in place
for investigating and determining breaches of the Code of Conduct and for handling
reports from whistleblowers.
During July 2010 the Australian Public Service Commission (APSC) conducted training
sessions in all ITSA sites on the Values and Code of Conduct. In addition, new managers
attended a Manager Toolkit workshop at the end of May 2011 which highlighted the role
of managers in educating employees about the Values and Code of Conduct

Information on the Values and Code of Conduct is contained in induction material given
to each new employee and is posted on ITSA’s intranet. Formal procedures are in place
for investigating and determining breaches of the Code of Conduct and for handling
reports from whistleblower
During 2010–11, operational business lines have continued to improve the consistency
of performance expectations through implementation of more comprehensive and
holistic performance measures. In addition to regular team meetings, one-on-one
feedback discussions take place with each manager providing role clarity and greater
support for employees
Management of ITSA’s people
In 2010–11, the key focus for ITSA’s people management involved working at the
team level to improve employee engagement and participation with a view to increased
productivity. This work was informed by the regular employee opinion survey which
was used to evaluate progress and determine improvement priorities for each team.
Leadership
During 2010–11, the continued focus on leadership at the team level, along with
greater standardisation of performance expectations, has resulted in a strong focus
on accountability for managers in terms of business outcomes and people issues.
The employee opinion survey was conducted in November 2010 with the rollout in
February 2011 of feedback to all managers on their leadership behaviours. This enabled
the identification of individualised leadership development and improvement targets.
Managers were also required to oversee the completion of team action plans aimed at
improving employee motivation and morale


AUDIT AND FINANCIAL PRACTICES COMMITTEE
The FMA Act requires chief executives to establish an audit committee to assist them in the
financial governance of their agency. ITSA’s Audit and Financial Practices Committee advises
the Chief Executive on a range of audit and financial practice matters. These include
consideration of the results of the various internal and external audits that were carried out
on ITSA’s activities and, importantly, the action subsequently taken to implement the auditors’
recommendations; and monitoring ITSA’s adoption of, and compliance with, appropriate
frameworks for internal controls, risk management, fraud control and financial reporting



1.6 AUDIT COMMITTEE

Policy

The Audit Committee is responsible for assisting the Chief Executive with responsibilities of corporate governance, particularly maintaining adequate internal controls over the revenue, expenditure and assets of the Department.
The Audit Committee has no executive powers. It undertakes a review and advisory role with the aim of ensuring financial management and control remains effective.

Rationale for Policy

Section 31 of the Financial Management Act 1996 requires the Chief Executive to be responsible for maintaining adequate internal controls including the safeguarding of the assets of the department, compliance with applicable legislation and the proper reporting of the financial results of the department.

Compliance with Legislation, Regulations and Ethics

  • regulations and the results of management’s investigations and follow-up of any non compliance or fraudulent acts;

Compliance with the Department’s Code of Conduct

  • review the Departments’ approach to business ethics and corporate conduct, written code of conduct and the programs in place for communicating the code of conduct to departmental personnel and for monitoring compliance;

Reporting Responsibilities

  • circulation of a brief report on outcomes to the Chief Executive following each Audit Committee meeting;
  • at any time, the Chief Internal Auditor or the Committee should bring to the attention of the Chief Executive any matter of concern;
  • review any other reports from the Departments’ that relate to the Committee’s responsibilities;
ther Responsibilities
  • investigate, review and advise on any ad hoc issues referred to the Committee by the Chief Executive;
  • monitor actions to address audit findings and recommendations until scheduled completion and advise the Chief Executive of any significant slippage in implementation;
  • provide a report to the portfolio Minister annually on operations of the Audit Committee, but can report at other times when considered necessary;
  • review this Charter annually and provide any proposed amendments for approval by the Chief Executive;
  • review the Audit Committee’s performance and compliance with its terms of reference, in response the Chief Executive, or at its own initiative to a request

FINANCIAL MANAGEMENT AND ACCOUNTABILITY ACT 1997 - SECT 46

Audit committee
             (1)  A Chief Executive must establish and maintain an audit committee with functions that include:
                     (a)  helping the Agency to comply with obligations under this Act, the regulations and Finance Minister's Orders; and
                     (b)  providing a forum for communication between the Chief Executive, the senior managers of the Agency, the internal auditors of the Agency and the Auditor-General.
             (2)  The committee must be constituted in accordance with the regulations (if any).
Division 2—Performance audits
15  Agencies
             (1)  The Auditor General may at any time conduct a performance audit of an Agency.
             (2)  As soon as practicable after completing the report on the audit, the Auditor General must:
                     (a)  cause a copy of the report to be tabled in each House of the Parliament; and
                     (b)  give a copy of the report to the responsible Minister; and
                     (c)  give a copy of the report to the Chief Executive of the Agency; and
                     (d)  to the extent that the report relates to the operations of a Commonwealth partner—give a copy of the report to a director or senior manager of the Commonwealth partner.
          (2A)  The Auditor General may give a copy of, or an extract from, the report to any person (including a Minister) who, or any body that, in the Auditor General’s opinion, has a special interest in the report or the content of the extract.
             (3)  For the purposes of this section, an Agency is taken not to include any persons who are employed or engaged under the Members of Parliament (Staff) Act 1984 and who are allocated to the Agency by regulations for the purposes of the definition of Agency in section 5 of the Financial Management and Accountability Act 1997.
  • performance audit" , in relation to a person or body, means a review or examination of any aspect of the operations of the person or body.

Tuesday 28 August 2012

Australian Federal Police accepts no responsibility for Investigation Standards




Subject: RE: Breaches of the AGIS and negligence of the AFP [SEC=UNCLASSIFIED]
Date: Tue, 28 Aug 2012 14:19:37 +1000
From: No-Reply@afp.gov.au
To: FIONABROWN01@HOTMAIL.COM

UNCLASSIFIED

Reference is made to your correspondence to the Australian Federal Police (AFP) dated 12 August 2012 regarding your enquiry about AGIS.

The AFP is the primary law enforcement agency responsible for investigating crimes against the Commonwealth of Australia. From the information you have provided, it appears that no relevant Commonwealth offences have been committed and therefore the matters raised cannot be investigated by the AFP.

The AFP does not hold overarching powers over other Commonwealth Agencies. 

You may wish to contact the Commonwealth Ombudsman.  Their contact details can be found at www.ombudsman.gov.au

A copy of your correspondence has been recorded by the AFP.



NCLASSIFIED

UNCLASSIFIED

From: Commissioner
Sent: Sunday, 12 August 2012 3:09 PM
To: Mackell, Tamerra
Subject: FW: Breaches of the AGIS and negligence of the AFP


-------------------------------------------
From:
fiona brown[SMTP:FIONABROWN01@HOTMAIL.COM]
Sent:
Sunday, August 12, 2012 3:09:19 PM
To:
Commissioner
Subject:
RE: Breaches of the AGIS and negligence of the AFP
Auto forwarded by a Rule

Re AGIS
.Dear Commissioner Negus,
 I refer to the following email to which I have received no reply.
I will ask you again and make it clear to you what I am seeking.
 What safeguards have the Australian Federal Police  put in place that Australian Government Agencies comply with  Australian Government Investigation standards?
Again this is another example of the incompetence of the Australian Federal Police who posses no obvious  powers in Australia.
Please could you advise me  how the Federal Police also  intend to  monitor this taking into consideration clear lack of foresight?
As with my previous email I remind you that should this matter go to court you will be subpoenaed to justify why the Commonwealth Ombudsman and the Australian Public Service Commission are able to protect  systemic corrupt conduct in Government Agencies using the investigation methods that you have revised.  
Thank you
Fiona Brown 

From: fionabrown01@hotmail.com
To: commissioner@afp.gov.au
Subject: Breaches of the AGIS and negligence of the AFP
Date: Sat, 28 Jul 2012 12:43:42 +1000

 
.Dear Mr Negus,
I understand  the Australian Federal Police has been involved  in a programme which has revised the  IGIS, or Australian Government Investigation standards.
 You will be aware this is a requirement under the Financial and Accountability Act.
I am also aware all Government Agencies involved in this must complete training programmes.
However, Internal noncompliance with legislation in Government Agencies have allowed systemic corrupt conduct to flourish.
This is particular in the Insolvency Trustee Service, Commonwealth Ombudsman and the Australian Public Service Commission.
It is clear now that although investigation standards do exist there is no safeguard that agencies comply with them.
I am  now refer to section 4.8
Agencies are to refer any matters to the AFP for possible investigation where there is substantial evidence of criminal activity or suspected criminal activity by a member of an Agency fraud investigation , control prevention or compliance unit. The AFP will also consider investigating matters where there could  be a real or perceived conflict of interest if the matter were to be investigated by the Agency concerned(for instance , where the allegations concerns a member of the executive with some responsibility for the Agency's investigation function)
 The Insolvency trustee Service Australia is aware it's Principal Legal Officer Matthew Osborne is giving Legal Advice to Trustee that the Bankruptcy Act may be breached using S134(3). This gives discretion to  a trustee, however it is limited only to property realized.
According to Matthew Osborne this section gives a trustee discretion on all aspects of the Bankruptcy Act. It even extends to discretion as to misleading creditors.
Please would the Australian Federal Police  advise me what powers have been put in place by them when they are made aware of the serious breaches by a number of Government agencies of the AGIS to cover up atrocious misconduct.
If this matter should go to court  be aware I will  subpoena you  to give evidence  on your negligence .
Thank You
Fiona Brown



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From: fionabrown01@hotmail.com
To: commissioner@afp.gov.au
Subject: Breaches of the AGIS and negligence of the AFP
Date: Sat, 28 Jul 2012 12:43:42 +1000



.Dear Mr Negus,
I understand  the Australian Federal Police has been involved  in a programme which has revised the  IGIS, or Australian Government Investigation standards.
 You will be aware this is a requirement under the Financial and Accountability Act.
I am also aware all Government Agencies involved in this must complete training programmes.
However, Internal noncompliance with legislation in Government Agencies have allowed systemic corrupt conduct to flourish.
This is particular in the Insolvency Trustee Service, Commonwealth Ombudsman and the Australian Public Service Commission.
It is clear now that although investigation standards do exist there is no safeguard that agencies comply with them.
I am  now refer to section 4.8
Agencies are to refer any matters to the AFP for possible investigation where there is substantial evidence of criminal activity or suspected criminal activity by a member of an Agency fraud investigation , control prevention or compliance unit. The AFP will also consider investigating matters where there could  be a real or perceived conflict of interest if the matter were to be investigated by the Agency concerned(for instance , where the allegations concerns a member of the executive with some responsibility for the Agency's investigation function)
 The Insolvency trustee Service Australia is aware it's Principal Legal Officer Matthew Osborne is giving Legal Advice to Trustee that the Bankruptcy Act may be breached using S134(3). This gives discretion to  a trustee, however it is limited only to property realized.
According to Matthew Osborne this section gives a trustee discretion on all aspects of the Bankruptcy Act. It even extends to discretion as to misleading creditors.
Please would the Australian Federal Police  advise me what powers have been put in place by them when they are made aware of the serious breaches by a number of Government agencies of the AGIS to cover up atrocious misconduct.
If this matter should go to court  be aware I will  subpoena you  to give evidence  on your negligence .
Thank You
Fiona Brown

Monday 27 August 2012

Commonwealth Ombudsmans disclosure Log


Disclosure log

FOI Reference number
Date of access
FOI request
Information published
Other information
2012-10557503/04/2012A request for access to the:

  • Ombudsman office's guidelines on the use of information technology and internet services current as at August 2005 and/or March 2010;
  • Ombudsman office's email management policy 'no. 8/2008' current as at March 2010; and
  • Ombudsman office's 'Staff ICT Guidelines', endorsed on 25 August 2009.
2012-105575 FOI document 1

2012-105575 FOI document 2-1

2012-105575 FOI document 2-2

2012-105575 FOI document 3
  • Full access was granted in relation to two documents;
  • partial access was granted in relation to the other document on the basis of conditional exemptions under s 47E(d) of the FOI Act. The exempt matter was deleted under s 22 of the FOI Act.
2012-11122117/07/2012A request for various documents relating to the 2008 and 2009 Commonwealth Ombudsman Office Christmas parties.2012-111221 FOI document 9
  • Only one of the nine documents to which access was granted has been published on the disclosure log.

Insolvency Trustee Service Australia FOI Disclosure Log

Freedom of information disclosure log

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Subsection 11C(3) of the Freedom of Information Act 1982 requires agencies to publish on their websites details of information released pursuant to FOI request received by them (other than documents referred to in subsection 11C(1), which includes personal information about a person or information about the business, commercial, financial or professional affairs of a person, if it would be unreasonable to publish the information).
In accordance with those requirements, set out below are descriptions of such information/documents released by ITSA.
Information attached to, or referred to in, ITSA’s disclosure log will generally be removed after 12 months, unless the information has enduring public value.
Date access grantedFOI request sought access toDocuments released
5 April 2012Web browser and social media use guidelines or policies
ITSA is committed to upholding the Web Content Accessibility Guidelines (WCAG) 2.0. Work is underway across the Australian Government to achieve compliance in line with the Web Accessibility National Transition Strategy.

There are documents in the disclosure log that are currently not available in HTML format. If you would like hard copies of any documents shown above or assistance accessing them, please contact ITSA’s FOI coordinator at foi@itsa.gov.au or

FOI Coordinator
Insolvency and Trustee Service Australia
GPO Box 821
CANBERRA ACT 2601
We will try to meet reasonable requests for an alternative format of the document in a timely manner and at the lowest reasonable cost to you. You will be notified if any charge is payable and required to pay the charge before the information is provided

Australian Public Service FOI disclosure Log


Disclosure log

Freedom of information disclosure log

Publicly available information released following an FOI access request
The Public Service Commissioner and the Merit Protection Commissioner are required by the Freedom of Information Act 1982 s 11C to publish a disclosure log on the Australian Public Service Commission’s website. The disclosure log lists information which has been released in response to an FOI access request. this requirement has applied since 1 May 2011.
The disclosure log requirement does not apply to:
  • personal information about any person if publication of that information would be ‘unreasonable’
  • information about the business, commercial, financial or professional affairs of any person if publication of that information would be ‘unreasonable’
  • other information covered by a determination made by the Australian Information Commissioner if publication of that information would be ‘unreasonable’
  • any information if it is not reasonably practicable to publish the information because of the extent of modifications that would need to be made to delete the information listed in the above dot points.
The information described in this register has been released by the Public Service Commissioner or Merit Protection Commissioner (as indicated) under the Freedom of Information Act 1982 and is available for public access.
A link is provided if the information can be downloaded from this website or another website. Information that is not available on a website may be obtained by contacting the FOI Contact Officer:
By post:  FOI Contact Officer
Australian Public Service Commission
16 Furzer Street, WODEN ACT 2606
By email:  foi@apsc.gov.au
By telephone:  02 6202 3571
A charge may be imposed to reimburse the Australian Public Service Commission for the cost incurred in copying or reproducing the information or sending it to you. There will be no charge for the time spent processing the FOI request that led to this information being made available. You will be notified if any charge is payable and required to pay the charge before the information is provided.
There may be documents in the disclosure log that are currently not available in html format. If you are unable to read the format provided please contact the FOI Contact Officer. We will try to meet all reasonable requests for an alternate format of the document in a timely manner and at the lowest reasonable cost to you.

Disclosure log

Disclosure log
TitleSupporting information
FOI ref numberC12/3707
Date of access16 August 2012
FOI requestThe applicant requested documents relating to the policy intent of, and ministerial authorisation for, the policy set out in paragraph 5 of section 2.2 of the Australian Public Service Commission's publication The Senior Executive Service: Selection, Mobility and Separation (March 2010). Specifically, the applicant requested documents relating to the discounting of incentive amounts paid to employees under section 37 of the Public Service Act 1999.
The applicant also requested documents relating to guidance as to process for Commission staff assisting the Public Service Commissioner in the assessment of individual cases.
Information releasedSeveral documents relating to the policy intent of discounting incentive amounts were released to the applicant. The applicant was advised there were no documents relating to ministerial authorisation or guidance as to process.
Other information 
FOI ref numberC12/2282
Date of access30 May 2012
FOI requestThe applicant requested information relating to the receipt, allocation and finalisation of requests for review of action received by the Merit Protection Commissioner in the period l January 2011 to 31 December 2011 inclusive. Specifically, for each request the applicant requested the file number, date received, date allocated to a review officer and date finalised.
Information releasedThe applicant was provided with a document disclosing the requested information.
Other information 
FOI ref number12/135
Date of access24 February 2012
FOI requestThe applicant requested data detailing the number of proven Code of
Conduct breaches, and cases, across each Commonwealth agency in 2009-
2010, 2010-2011 and, if possible, 2011-2012 to date.
Information releasedThe applicant was provided with a copy of the requested data. The data requested is collected each year by the Australian Public Service Commission through the agency survey which is distributed to all agencies in the course of preparation of the annual State of the Service Report (SOSR). The SOSR is a report prepared by the Public Service Commissioner under section 44 of the Public Service Act 1999.
Other informationData for the financial year 2011-12 has not yet been collected and was therefore not provided.
FOI ref number12/27
Date of access6 February 2012
FOI requestThe applicant requested copies of correspondence between the Public Service Commissioner, or delegate, and Dr Ken Henry, regarding his departure from the role of Secretary to the Treasury and his appointment as Special Adviser to the Prime Minister. The applicant also requested copies of correspondence between the Public Service Commissioner, or delegate, and the Prime Minister in relation to the same matters.
Information releasedThe applicant was provided with copies of email correspondence between the Public Service Commissioner and Dr Henry. Parts of these documents are considered exempt from release under the Freedom of Information Act 1982 and were therefore redacted.
No further documents within the scope of the applicant’s request were identified.
Other information 
FOI ref number11/2026
Date of access5 December 2011
FOI requestThe applicant requested copies of documents relating to the Department of Sustainability, Environment, Water, Population and Communities’ (DSEWPAC) proposed enterprise agreement.
Information releasedThe applicant was provided with copies of documents including correspondence between the Australian Public Service Commission and DSEWPAC concerning the proposed agreement and records relating to the decision by the Special Minister of State for the Public Service and Integrity to not approve a proposed enterprise agreement.
Other information 
FOI ref number11/1782
Date of access14 November 2011
FOI requestThe applicant requested documents relating to the release of the Review of the Senior Executive Service – Report to the Special Minister of State for the Public Service and Integrity, and the timing of doing so.
Information releasedThe applicant was provided with copies of the documents requested.
Other informationParts of some documents released were considered exempt from release.
FOI ref number11/1732
Date of access30 September 2011
FOI requestThe applicant requested documents relating to a ‘decision’ not to include retrospective remuneration provisions in the Department of Human Services’ proposed Enterprise Agreement.
Information releasedThe applicant was provided with a copy of email correspondence between the Commission and the Department of Human Services (DHS) in which DHS sought advice on whether the “exceptional circumstances” required by the APS Bargaining Framework existed in the circumstances.
Other informationThe APS Bargaining Framework states that remuneration increases are to apply prospectively, other than in exceptional circumstances. The Supporting Guidance to the Bargaining Framework advises that where approval for an exceptional circumstances matter is required, agencies should brief their minister to write to the Special Minister of State for the Public Service and Integrity seeking approval of the relevant matter.
The APS Commission has no decision making role in relation to the retrospectivity of remuneration increases.
FOI ref number11/1634
Date of access16 September 2011
FOI requestThe applicant requested a copy of the Review of the Senior Executive Service – Report to the Special Minister of State for the Public Service and Integrity.
Information releasedA copy of the Review of the Senior Executive Service – Report to the Special Minister of State for the Public Service and Integrity was released to the applicant.
Other informationThe Review of the Senior Executive Service – Report to the Special Minister of State for the Public Service and Integrity is available on the Commission’s web site at the following URL:
FOI ref number11/1455
Date of access18 August 2011
FOI requestDocuments concerning:
  • expenditure by the Australian Public Service Commission on advertising in the Australian newspaper;
  • the involvement of a specified employee in decisions to advertise in the Australian newspaper.
Documents created during the previous 36 months were requested.
Information releasedInformation summarising the Commission’s expenditure was provided in response to the FOI request. Information summarising the specified employee’s involvement in decisions to advertise was supplied
Other informationGeneral information about the Department of Finance and Deregulation’s Guidelines on Non-Campaign Recruitment Advertising and about the Central Advertising System was provided.
FOI ref number11/1448
Date of access8 August 2011
FOI requestDocuments disclosing the number of employees of the Department of Defence terminated under paragraph 29(3)(g) of the Public Service Act 1999 for the period 2000-2010.
Information releasedThe Australian Public Service Commission maintains an electronic database which records details of:
  • notices published in the Public Service Gazette from 16 January 2003 to 2 August 2007; and
  • notices published in the APS Employment Gazette after 2 August 2007.
Pursuant to section 17 of the Freedom of Information Act 1982, a document was generated which summarises all records contained in the electronic database corresponding with terminations from the Department of Defence under paragraph 29(3)(g). No personal information was included in this document. this document was provided in response to the FOI request.
Other informationCopies of the Public Service Gazette are publicly available from the National Library of Australia and from various State and Territory public libraries. Further information about accessing copies of the Public Service Gazette is available from the National Library of Australia’s web site at the following URL: In 2007, the Commission ceased paper publication of the Public Service Gazette. From August 2007, APS notices were published electronically in the APS Employment Gazette. A small number of these publications are available for download from the Commission’s web site, while the National Library of Australia maintains an electronic archive of these publications. The APS Employment Gazette is available for download from the following URLs:
FOI ref number11/1270
Date of access18 July 2011
FOI requestDocuments indicating guidance or policies relating to unattachment and its relevance to persons on leave without pay under the Public Service Act 1922.in the period 1994-1996.
Information releasedThe following documents were provided in response to the FOI request:
  • Division 3 of Determination No. 10 of 1983, made under Public Service Act 1922, as at 1 February 1994;
  • Extract relating to unattachment from 1987 guidance issued by the Public Service Board titled‘Streamlining No.4 Temporary Performance and Unattachment’
Other informationThe following documents were also provided to the applicant outside FOI:
  • Relevant paragraphs of the Guide to APS Pay and Conditions of Employment as amended July 1998; and
  • The contents page of the APS General Employment Conditions Award at 14 December 1995.