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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
Title Supporting information
FOI ref number C13/3130, C13/3154
Date of access 15 November 2013
FOI request The Commission received requests for copies of the Australian Public Service Commissioner’s incoming Government brief.
Information published in the disclosure log Edited copies of the Australian Public Service Commissioner’s incoming Government brief were provided to applicants.
Other information  
FOI ref number C12/4132
Date of access 29 November 2012
FOI request The applicant requested a copy of the Department of Immigration and Citizenship Capability Review report
Information published in the disclosure log A copy of the requested report was provided to the applicant
Other information

The Department of Immigration and Citizenship Capability Review report is available from the Commission's web site at the following URL:

FOI ref number C13/1047
Date of access 20 May 2013
FOI request The applicant requested “the incoming briefs for minister Mark Dreyfus in relation to his new roles as Minister for the Public Service and Integrity”.
Information published in the disclosure log The applicant was provided with an edited copy of the Public Service Commissioner’s brief to the Honourable Mark Dreyfus QC MP following his appointment as Minister for the Public Service and Integrity.
Other information

 

FOI ref number C12/4132
Date of access 29 November 2012
FOI request The applicant requested a copy of the Department of Immigration and Citizenship Capability Review report
Information published in the disclosure log A copy of the requested report was provided to the applicant
Other information

The Department of Immigration and Citizenship Capability Review report is available from the Commission's web site at the following URL:

FOI ref number C12/4118
Date of access 9 October 2012
FOI request The applicant requested information about the cost-effectiveness of staff redundancies in the Australian Public Service (APS) including information about the total costs of redundancy payments in the APS.
Information published in the disclosure log

The applicant was advised that the Australian Public Service Commission does not collect much of the information requested and thus only holds few documents containing material falling within the scope of the request. Access was granted to these documents/part documents together with some background material relating to the Commission’s role.

Other information

The APS operates in a devolved management environment in which agency heads have all the rights, duties and powers of an employer in respect of employees in their agency. Under the APS employment framework, individual agency heads are responsible for the management of their agencies and budgets and this includes identifying and finding any savings that are necessary. Where an agency decides it is necessary to reduce staffing numbers, the agency head manages this within the parameters of Government policies, the agency’s own enterprise agreement and relevant policies, and its budget.

Agency enterprise agreements (EAs) generally include provisions relating to redeployment, reduction and retrenchment which apply to non SES employees. These provisions generally provide voluntary retrenchment processes and include provisions whereby employees can accept an offer of voluntary retrenchment to leave the APS. Typically, this involves termination of employment with the receipt of a severance payment, based on a formula of two weeks’ pay per year of service up to a maximum payment of 48 weeks’ pay.

The Government has issued a formal policy on redeployment in the APS which has been implemented by APS agencies with assistance from the Commission. The APS Commission has issued guidance material for agencies on the operation of the policy – see:

Total redundancy costs

The Commission does not hold information about the total costs of redundancy payments for employees across the APS – agencies do not report these costs to the Commission.

FOI ref number C12/3707
Date of access 16 August 2012
FOI request The 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 released Several 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 number C12/2282
Date of access 30 May 2012
FOI request The 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 released The applicant was provided with a document disclosing the requested information.
Other information  
FOI ref number 12/135
Date of access 24 February 2012
FOI request The 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 released The 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 information Data for the financial year 2011-12 has not yet been collected and was therefore not provided.
FOI ref number 12/27
Date of access 6 February 2012
FOI request The 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 released The 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 number 11/2026
Date of access 5 December 2011
FOI request The applicant requested copies of documents relating to the Department of Sustainability, Environment, Water, Population and Communities’ (DSEWPAC) proposed enterprise agreement.
Information released The 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 number 11/1782
Date of access 14 November 2011
FOI request The 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 released The applicant was provided with copies of the documents requested.
Other information Parts of some documents released were considered exempt from release.
FOI ref number 11/1732
Date of access 30 September 2011
FOI request The applicant requested documents relating to a ‘decision’ not to include retrospective remuneration provisions in the Department of Human Services’ proposed Enterprise Agreement.
Information released The 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 information The 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 number 11/1634
Date of access 16 September 2011
FOI request The 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 released A 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 information The 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 number 11/1455
Date of access 18 August 2011
FOI request Documents 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 released Information 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 information General 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 number 11/1448
Date of access 8 August 2011
FOI request Documents 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 released The 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 information Copies 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 number 11/1270
Date of access 18 July 2011
FOI request Documents 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 released The 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 information The 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.

Related documents

 

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