Thursday, 6 September 2012

Commonwealth Ombudsman's statistics 2010-2011


 

On the 22nd May 2012 Senator Xenophon announced he would back the Greens and call for something similar to ICAC to be set up Federally.
While I applaud Senator Xenophon for his initiative the actual responsibility lies with the Commonwealth Ombudsman.
Clearly the Commonwealth Ombudsman failure to comply with its own Act should be of great concern to the Federal Parliament.
Alison Larkins, Acting Commonwealth Ombudsman failure to act on systemic corrupt conduct shows her willingness to SUCK IT ALL UP HER ENORMOUS 
ARSE.........



4.7 Systemic deficiency
Resolving a person’s grievance is not the last step in effective complaint handling.The person’s complaint might point to a systemic administrative problem in the agency—that is, an administrative defect that either has occurred in other cases or could be repeated.This possibility should always be considered when finalising a complaint.
For example, a complaint could expose a need to improve the agency’s recordkeeping or a need for better training or support for agency staff who have given inaccurate or unhelpful advice� Delay in resolving a person’s complaint might suggest a need for greater efficiency in the agency or better liaison between different units of the agency or with other agencies that are jointly responsible for the subject of the complaint� A review of agency procedures and policies can be another beneficial outcome.
Responsibility for seeing that such improvements are made usually lies elsewhere in the agency, rather than with the complaint handling unit� It is therefore important that complaint issues and trends are reported to and analysed by the executive and senior managers in an agency, as discussed in Element5—‘Analysis’�
Fact Sheet 2
Administrative deficiency
December 2009
Section 15 of the Ombudsman Act 1976 (Ombudsman Act) lists the grounds on which the Ombudsman can formally make a report to an agency, and ultimately to the Prime Minister and Parliament. Only a small number of reports are made each year to agencies, and more rarely to the Prime Minister or Parliament.
Most complaints to the Ombudsman can be resolved informally, and without the need to reach a firm view on whether an agency’s conduct was defective. This reflects the emphasis of our work on achieving remedies for complainants, and improving agency complaint-handling processes and public administration generally.
Instances nevertheless arise in which administrative deficiency should be recorded and notified to an agency. This helps draw attention to problems in agency decision making and processes, and feeds into the systemic work of the Ombudsman’s office.
The purpose of a finding of administrative deficiency is not to reprimand the agency concerned. The individual findings are not separately published in the same way that reports under s 15 are usually published. Rather, the individual findings are aggregated as part of the statistics that are published each year in the Ombudsman’s annual report. This provides agencies and the public with a statistical profile of the complaints received each year by the Ombudsman’s office and the office’s view of how those complaints were resolved. They also provide the Ombudsman’s office with a guide to possible systemic issues that warrant further consideration.
The term ‘administrative deficiency’ is not defined—or even specifically referred to—in the Ombudsman Act. It is a phrase used by the Ombudsman’s office when referring to agency action that is assessed as being ‘deficient’ for a reason specified explicitly or implicitly ins 15 of the Act. Other Ombudsman offices use similar reporting terms, such as ‘agency defect’, ‘adverse finding’, ‘complaint sustained’ or ‘maladministration’.
Categories of administrative deficiency
The Ombudsman’s office applies 15 categories of administrative deficiency that fall into two groups: administrative deficiency in an individual case, and administrative deficiency in the agency or system of government.
There is overlap between those categories, and some agency errors can fall into more than one category. An error is recorded only once in the most appropriate category, unless an investigation exposes multiple weaknesses in an agency’s administration.
Not every minor administrative error is recorded as administrative deficiency. The prime focus of the Ombudsman’s office is upon whether an error was inexcusable, caused disadvantage to a member of the public, or reveals a weakness in agency administration that should be addressed.
Administrative deficiency in an individual case
Unreasonable delay
An agency took too long without good cause to make a decision or take an action
Examples: unreasonable delay in processing a person’s application, responding to an enquiry or implementing a decision; failing to comply with FOI statutory time limits in handling a person’s FOI request; failing to meet time frames published in the agency’s service charter in responding to a person’s request.
Inadequate advice, explanation or reasons
A reasonable person could not easily understand the advice, explanation or reasons given by an

agency, either directly to the person or in an agency publication
Examples: giving a person incomplete, incorrect, misleading or confusing oral or written advice; refusing to provide a written explanation for a decision; providing a statement of reasons that contains an error or contradiction or does not deal with a critical issue in the decision.
Procedural deficiency
The procedure adopted by an agency in an individual case was flawed
Examples: not recording oral advice given to a person on an important issue; not answering a person’s request for information or advice; inefficient handling of a person’s application or enquiry; not consulting appropriately with a person before making a decision; failing to keep a person advised of progress on a matter; failing to advise a person of an agency requirement; failing to implement a decision, or to implement a decision correctly; failing to deal adequately with a person’s complaint; inadequate internal review of a disputed decision.
Human or factual error
The integrity of an agency process was impaired by an avoidable error or mistake by an officer
Examples: entering incorrect information on a person’s file; misreading or misunderstanding the facts or data in making a decision; basing a decision on faulty information; inadequate assessment of evidence submitted by a person; losing or misfiling a person’s application or documents; giving the wrong application form to a person; sending personal information to the wrong address.
Legal error
An agency made a probable legal error that could lead to its decision or action being set aside as unlawful by a court on a ground listed in s 5 of the Administrative Decisions (Judicial Review) Act 1977, or on some other basis
Examples: misconstruing or misapplying legislation; making a decision without a proper delegation; not giving a person prior notice of adverse action against them (ie, breaching natural justice); basing a decision on an irrelevant consideration, or failing to consider a relevant matter as required by legislation; breaching the terms of a contract; conflict of interest in a tendering process.
Unprofessional behaviour by an officer
The standards of professional behaviour expected of officials in dealing with the public were not observed
Examples; rudeness, discourtesy or unhelpful or disrespectful behaviour in dealing with a member of the public; failing to honour a promise or commitment given to a person; imprudent disclosure of confidential or private information to an unauthorised recipient.
Breach of duty/misconduct by an officer
Evidence of misconduct or unprofessional behaviour by an officer is serious enough to warrant referral by the Ombudsman to an agency head under s 8(10) of the Ombudsman Act
Examples: dishonesty; harassment; serious conflict of interest; improper use of official information or agency property; other activity in breach of the APS Code of Conduct (see Public Service Act 1999 s 13).
Unreasonable, harsh or discriminatory action or decision
The decision or action of an agency seriously flouted the principles of good administration
Examples: the agency decision or action was irrational, capricious, excessive, inequitable, contrary to reason or good sense, or in breach of the sex, race or disability standards in anti-discrimination legislation; a decision maker disregarded the severe impact that a discretionary decision could have on a person; a person was treated inconsistently and less favourably than others, without explanation or justification; a change in agency rules was applied retrospectively to deny a person a benefit.
Administrative deficiency in the agency or system of government
Legislation: unreasonable or harsh impact or unintended consequence
A complaint has highlighted a legislative anomaly that the Ombudsman should draw to the government’s attention
Examples: complex legislation has an unexpected or unexplained operation that disadvantages a person or class of persons; legislation has a disadvantageous impact on one class of persons as against another, without apparent justification; legislation imposes a condition or requirement for accessing a benefit or concession that is harsh or
Administrative deficiency
Fact Sheet 2 — page 2

difficult to meet; an apparent error or oversight in legislation disadvantages a person or class of people.
Government or agency policy: unreasonable or harsh impact
A complaint has highlighted a defect in government or agency policy or an executive scheme
Examples: a grant scheme administered by an agency is poorly drafted and unreasonably disadvantages some people; the rules of entitlement in an executive scheme, or the administrative requirements for lodging an application, are discriminatory, unfair, unnecessarily onerous or difficult to meet; an arbitrary cut-off date is imposed for lodging applications; the agency rules on selecting people for audits can operate unreasonably.
Flawed agency processes or systems
A complaint has highlighted an inherent or systemic weakness in agency processes or systems
Examples: there is a programming error in the agency’s automated system; the agency website is dysfunctional; a public access counter is not open during business hours; the agency contact number is incorrect or not answered; misleading or inconsistent guidance is given in agency publications or on the agency website; agency template letters are incorrect; there is no agency system for complaint handling.
Resource deficiency in agency
A complaint has highlighted a resource deficiency in an agency that impairs the agency’s ability to discharge its statutory functions or meet its policy commitments to the public
Examples: an agency cannot process applications, respond to enquiries or finalise internal reviews within a reasonable timeframe; there is an unacceptable backlog in the agency in investigating and resolving complaints to the agency.
Inadequate knowledge/training of agency staff
An administrative deficiency in a particular case occurred more through a systemic weakness in staff skills than through the lack of competence of the individual decision maker or contact officer
Examples: staff are not properly trained to understand or apply legislation administered by the agency; repeated data entry or retrieval errors by staff indicate skill weaknesses; the manuals or guidelines provided to staff are inadequate or poorly drafted.
Australian Government programs: deficiency arising from their interaction
The programs administered either within an agency or by two or more Australian Government agencies are not as integrated or coordinated as they could be
Examples: unreasonable delay occurs in making decisions that require input from multiple agencies; the complaint handling procedures of multiple agencies that jointly administer a program are poorly integrated; blockages occur between agencies in exchanging information that is required for decisions to be made; different information is required by two or more agencies to substantiate a similar issue; an agency provides incorrect advice about the rules or requirements of another agency.
Commonwealth/State responsibilities: cross-jurisdictional difficulties
The programs administered by Australian Government and State agencies are not as integrated or coordinated as they could be, and an Australian Government agency is partly at fault
Examples; an Australian Government agency relied uncritically on a questionable medical or other assessment by a State officer; an Australian Government agency delegated responsibility for undertaking an activity to a State agency, without adequate care and oversight; there was inadequate preparation for undertaking a joint Commonwealth-State regulatory task; Australian Government and State agencies have not concluded a memorandum of understanding for discharging a joint function.
Recording administrative deficiency
The practice followed in the Commonwealth Ombudsman’s office is that a finding of administrative deficiency can only be recorded after investigation and with the approval of a Senior Assistant Ombudsman, Deputy Ombudsman or the Ombudsman.
The intention to record administrative deficiency is always notified to an agency, sometimes by letter, but also by email when there is a less formal style of investigation. An explanation is given 

Appendix 3—Statistics

Explanations of terms used in Appendix 3

Approaches/complaints finalised—approaches/complaints finalised in 2010–11, including some complaints carried over from previous years
Approaches/complaints received—approaches/complaints received in 2010–11
Category 1—resolved without investigation, outcomes include decisions not to investigate and referrals to appropriate agency or authority
Category 2—cannot be resolved at category 1 and require further internal enquiries/research or more information from the complainant, resolved without contacting the agency
Category 3—investigation conducted and agency contacted
Category 4—further investigation conducted, as the complaint/approach was not able to be resolved in category 3
Category 5—further investigation conducted, as the complaint/approach was not able to be resolved in category 4; involves formal reporting processes
Issues—approaches/complaints can contain a number of issues, each requiring a separate decision as to whether to investigate; each issue may result in a separate outcome
Remedies—complaints can contain a number of issues, each requiring separate investigation and possibly resulting in a number of different remedies

Table A1: Approaches and complaints about Australian Government agencies, received and finalised, and remedies 2010–11

Portfolio/AgencyReceivedFinalisedFinalised
Total Received ApproachesNo InvestigationInvestigatedTotal Finalised ApproachesRemedies
Category 1Category 2Category 3Category 4Category 5Action expeditedApologyDecision changed or reconsideredDisciplinary actionExplanationFinancial remedyLaw, policy or practice changedOther non-financial remedyRemedy provided by agency without Ombudsman interventionTotal Remedies Finalised
ACT Government74236923912737277418152721259699220
ACT Arts Bureau11   1  
ACT Corrective Services16981493012 172531021223
ACT Department of Justice and Community Safety523  5  
ACT Dept of Business, Arts, Sport & Tourism11   1  
ACT Emergency Services Agency422 1 5 11
ACT Gambling and Racing Commission2 11 2 11
ACT Health18124  16  
ACT Land Development Agency1 1  1  
ACT Legislative Assembly1 1  1  
ACT Magistrates Court and Tribunals541  5  
ACT Office of Regulatory Services19874 19 1321119
ACT Planning and Land Authority35131841 36 111126
ACT Policing1429339123114841741181
ActewAGL12662 14 112
ACTION8412 7 112
Canberra Institute of Technology91641 12 11
Chief Minister’s Department3 11 2 11
Civil and Administrative Tribunal84 12 7  
Department of Disability Housing and Community Services14723 12 213
Department of Education and Training124821 15 112
Department of Land and Property Services11   1  
Department of the Territory and Municipal Services361613134 462231331318
Department of Treasury157621 16 325
Director of Public Prosecutions11   1  
Environment ACT431  4  
Housing ACT14666453311115678823213456
Human Rights Commission431  4  
Legal Aid Commission of the ACT73 4 7 11
Office for Children, Youth and Family Support1697  16  
Office of the Public Advocate of the ACT2111 3  
Public Trustee for the ACT11514 10 22
Roads ACT221092 21 111115
Supreme Court of the ACT2 21 3  
University of Canberra6131 5 11
Agriculture, Fisheries and Forestry693018156 69132 18131 29
Australian Fisheries Management Authority421  3  
Australian Pesticides and Veterinary Medicines Authority53 1 4 11
Australian Quarantine and Inspection Service41199113 42132111220
Department of Agriculture, Fisheries and Forestry176731 17 3115
Grape and Wine Research and Development Corporation2 1 1 2 22
National Rural Advisory Council    1 1 11
Attorney-General’s453188169125251508425 32163154
Administrative Appeals Tribunal188101 19  
Attorney-General’s Department30121531 3111215
Australian Commission for Law Enforcement Integrity3 13 4 11
Australian Crime Commission321  3  
Australian Customs and Border Protection Service107563713511121111213120
Australian Federal Police20778799011 258  
Australian Human Rights Commission514  5  
Australian Transaction Reports and Analysis Centre321  3  
Insolvency and Trustee Service Australia702717158 67213172328
Office of the Commonwealth Director of Public Prosecutions724  6  
Broadband, Communications and the Digital Economy3,2121,1711,43849922 3,13010217556717871459101441,490
Australia Post3,1231,1301,40248621 3,0391011755571777145999441,476
Australian Broadcasting Corporation1687 1 16 22
Australian Communications and Media Authority3310214 35 33
Department of Broadband, Communications and the Digital Economy402389 4011529
Climate Change and Energy Efficiency30811210910127 3499513 5438747137
Department of Climate Change and Energy Efficiency30511210810027 34795135238747135
Office of the Renewable Energy Regulator3 11 2 22
Commonwealth Parliamentary Services211   2          
Department of Parliamentary Services11   1  
Joint House Department1 1  1  
Courts85424352 922      1 3
Fair Work Australia25101411 26112
Family Court of Australia3218152 35  
Federal Court of Australia8232 711
Federal Magistrates Court of Australia19119 1 21  
High Court of Australia112  3  
Defence6322172399754260991112 777156128
Australian Army10346281712 103323161328
Australian Army Cadets321  3  
Australian Navy Cadets1       
Australian War Memorial11   1  
Defence Force Retirement and Death Benefits Authority5 411 6 11
Defence Housing Australia3216742 29 162110
Department of Defence22975953423222943428311145
Department of Veterans’ Affairs1725768268 159135171128
Royal Australian Air Force2961832 29 314
Royal Australian Navy501415106 45126211
Toll Transitions5 12 3 11
Veterans’ Review Board2 2  2  
Education, Employment and Workplace Relations64225124612641 66427516 11915182193
Australian Curriculum Assessment and Reporting Authority   1 1 22
Australian Institute for Teaching and School Leadership1   1 1 11
Australian National University17563 14 134
Comcare642230106 685119117
Department of Education, Employment and Workplace Relations48120317110029 503204119214181151
Fair Work Ombudsman792139125 772312118
Families, Housing, Community Services and Indigenous Affairs288691261305113772015 13615473218
Aboriginal Hostels Limited9162 9 213
Anindilyakwa Land Council  22 4  
Central Land Council3 21 3  
Department of Families, Housing, Community Services and Indigenous Affairs131233811341121618412015452195
Indigenous Business Australia422 1 5 213
Indigenous Land Corporation3 2  2  
Northern Land Council242945 2018110
Outback Stores3 1  1  
Registrar of Indigenous Corporations1237 1 11 11
Social Security Appeals Tribunal97375683 10411136
Torres Strait Regional Authority211  2  
Finance and Deregulation9535321614 973 2 201   26
Australian Electoral Commission30131051 29235
Commissioner for Superannuation (ComSuper)161031 14  
Department of Finance and Deregulation4912191013 541217121
Foreign Affairs and Trade1497561136 1555   1622  25
Australian Agency for International Development (AusAID)1194  13  
Australian Centre for International Agricultural Research1   1 1 112
Australian Trade Commission423  5  
Department of Foreign Affairs and Trade1336454135 1365152123
Health and Ageing1486843236 140113 11115225
Australian Institute of Health and Welfare11   1  
Australian Institute of Sport1 1  1  
Australian Radiation Protection and Nuclear Safety Agency1  1 1 11
Australian Sports Drug Agency1  1 1 11
Department of Health and Ageing1205935145 113111811316
Food Standards Australia New Zealand1 1  1  
National Health and Medical Research Council311  2  
Office of Hearing Services1 1  1  
Office of the Aged Care Commissioner197471 19 2327
Human Services7,2703,7581,7481,44928247,241226155208111,0862111981952,092
Australian Hearing11   1  
Centrelink4,9542,7231,08996712924,910137751295663173758611,308
Child Support Agency2,12193758646313922,127867979639836102234750
Commonwealth Rehabilitation Service9362 11 11
Department of Human Services633  6  
Medicare Australia17791631713 184312322132
Professional Services Review2 1 1 2 11
Immigration and Citizenship2,1781,0408072904922,188331417 132691516242
Department of Immigration and Citizenship2,1371,0287862864822,150331317127691516236
Migration Review Tribunal and Refugee Review Tribunal268142 24 11
Office of the Migration Agents Registration Authority154721 14 145
Infrastructure, Transport, Regional Development and Local Government712333139 78362 18221135
Airservices Australia834 4 111214
Australian Maritime Safety Authority11   1  
Australian Rail Track Corporation1 11 2 11
Australian Transport Safety Bureau312  3  
Civil Aviation Safety Authority2771251 25 18110
Department of Infrastructure and Transport31111474 3626172220
Innovation, Industry, Science and Research90275562 90 11 7 4  13
AusIndustry268153 26 22
Australian Nuclear Science and Technology Organisation3 3  3  
Australian Research Council11  1 2 11136
Commonwealth Scientific and Industrial Research Organisation1238  11  
Department of Innovation, Industry, Science and Research369243 36 314
IP Australia1265 1 12 11
Out of Jurisdiction19,09818,325698229 19,054          
Commonwealth Ombudsman579324223  547  
Ombudsman FOI Requests114379229 113  
Out of Jurisdiction18,40517,998396  18,394  
Overseas Student Ombudsman9542210  36  5 3521 16
Prime Minister and Cabinet1425362201 1361   12    13
Australia Council for the Arts31   1  
Australian Public Service Commission16142  16  
Australian Sports Commission5321 6  
Department of Regional Australia, Regional Development and Local Government5 2  2  
Department of the Prime Minister and Cabinet8223 7 22
Governor-General and Commander-in-Chief4121 4 11
National Archives of Australia4211 4  
National Capital Authority   1 1 11
National Film and Sound Archives1  1 1 22
National Library of Australia2 11 2 11
Office of the Australian Information Commissioner5117223 42 11
Office of the Privacy Commissioner3711266 43112
Screen Australia62221 7 33
Private Postal Operators2021151 191   411  7
Resources, Energy and Tourism641   5          
Department of Resources, Energy and Tourism641  5  
Sustainability, Environment, Water, Population and Communities3216883136    12221 17
Australian Antarctic Division1 1 2 3 314
Bureau of Meteorology33   3  
Department of Sustainability, Environment, Water, Population and Communities2513761128 821112
Great Barrier Reef Marine Park Authority3  2 2 11
Treasury3,0921,1911,20943726653,108938137 33623088438907
Australian Bureau of Statistics4426134 431315
Australian Competition and Consumer Commission47261474 5111011
Australian Prudential Regulation Authority1627246326 1566127337
Australian Securities and Investments Commission16949833111 1741410259150
Australian Taxation Office2,5899961,02034224152,60483712426422088037787
Australian Valuation Office1  1 1  
Department of the Treasury522 1 5 11
Productivity Commission21   1  
Reserve Bank of Australia1 1  1  
Superannuation Complaints Tribunal3971915 41167
Tax Agents Board    1 1  
Tax Practitioner’s Board33121152 30 32319
Grand Total38,91927,0717,4183,5379131838,95755847541184
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Saturday, 1 September 2012

APSC FOI Disclosure Log..Not everything published as required under the Act

This log is a requirement under the Financial Management and Accountability Act and is meant  to make available all FOI released by the Australian Public Service. As I have made a number of requests under FOI  and received the relevant documents there appears that that the Australian Public Service Commission is selective what is published on this log.
The Commissioner Steve Sedgwick obviously does not want the Public to be aware that under FOI documents have been received  to show how the Australian Public Service fucks over  complaints  made from Whistleblowers under S16 or Agency Heads under S41(F) and although most of these pages were blacked out it would be reasonable to see a systemic pattern of corrupt conduct by Skanky Karin Fisher and Steve Sedgwick.
On the 20th August 2012 I also received information under FOI that The Australian Public Service Commission has no investigation policy and Karin Fisher or Commissioner Steve Sedgwick who is required to investigate breaches of the APS Code of Conduct by Agency Heads and  complaints from Whistleblowers has no  investigation qualifications.
So they can both come and kiss my fucking Arse because if they do not like what I write they can  take me to fucking court and make my day.
Steve Sedgwick and Karin Fisher are so corrupt in their conduct the matter would be in court for months.
If the APS has no investigation policy or qualifications it would also be reasonable to assume Mark Findlay and Bankruptcy Regulations also have no investigation policy or qualifications or if they do they are deliberately fucking everyone over to protect Veronique Ingram.


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.