Freedom of information

Appendix E

This statement is published in accordance with the requirements of section 8 of the Freedom of Information Act 1982 (FOI) Act. The Public Service Commissioner and the Merit Protection Commissioner are prescribed authorities for the purposes of the FOI Act. This statement meets the requirements of the FOI Act in relation to both.

1) Organisation, functions and powers (s.8(1)(a)(i))

Public Service Commissioner

The functions of the Public Service Commissioner and the organisation of the Commission are described in this Annual Report in the Commission Overview.

The principal powers exercised by the Public Service Commissioner as they affect members of the public are those relating to the issuing of Commissioner’s Directions under the Public Service Act 1999 in relation to each of the APS Values specified in that Act. The Commissioner’s Directions ensure that the APS incorporates and upholds the APS Values and they determine where necessary the scope or application of the APS Values.

Several of the APS Values relate to the recruitment of staff to the APS. The Commissioner’s Directions provide binding provisions relating to the framework within which people are recruited to the APS, the basic elements of which include:

merit-based employment decisions, including transparent and fair selection processes
absence of discrimination and recognition of the diversity of the Australian community
promotion of equity in employment
provision of reasonable opportunity to all eligible members of the Australian community to apply for APS employment.

Another of the APS Values relates to the delivery of services to the Australian public. The Public Service Commissioner has issued Directions which specify that an Agency Head must put in place measures directed at upholding this APS Value, including in relation to the provision to the public of information about rights and entitlements, and taking into account client diversity and the right to privacy.

Regional offices assist in the provision of advice and services to agencies Australia-wide, including delivery of a range of employment-related activities on a fee-for-service basis.

Merit Protection Commissioner

The organisation of the office of the Merit Protection Commissioner is described in the body of the Merit Protection Commissioner's Annual Report, which is included with the Public Service Commissioner's Annual Report.

The full range of the Merit Protection Commissioner's functions under the Public Service Act 1999, which relate generally to reviewing actions affecting individual APS employees in relation to their employment, are also described in the Merit Protection Commissioner's Annual Report. In addition, the Merit Protection Commissioner may exercise powers of the former Merit Protection and Review Agency (MPRA) which was abolished from 5 December 1999 with the introduction of the Public Service Act 1999, under the transitional provisions which apply to former MPRA casework.

The principal powers exercised by the Merit Protection Commissioner that may affect members of the public relate to some review functions, the recommendations of Independent Selection Advisory Committees (ISACs) and some other employment-related functions. The Merit Protection Commissioner may investigate complaints by former employees that relate to an employee’s entitlements on separation from the APS. ISACs assess the suitability of candidates for engagement, promotion or assignment of duties for employment opportunities in the APS. The wide range of employment-related functions which the Merit Protection Commissioner may also perform for other bodies, if requested by the body to do so and not already required to provide such services by a law of the Commonwealth, includes functions performed for State and Territory departments and authorities, local government bodies, private corporations and bodies and for Commonwealth authorities whose employees are not engaged under the Public Service Act 1999.

2) Arrangements for external bodies to participate in policy formulation or administration (s.8(1)(a)(ii))

Public Sector Management (PSM) Program Board of Management

The Public Service Commissioner is represented on the PSM Program Board of Management, whose other members include representatives of State and Territory public services. The Board sets the direction for and oversees the delivery of a management and leadership development course for managers at middle and senior levels throughout the Australian public sector. The PSM Program is a national strategy to deliver relevant, practically focused training that reflects the changing expectations of the public sector. The Program is formally accredited at Graduate Certificate level through Griffith University, Macquarie University, Royal Melbourne Institute of Technology and Curtin University.

Government Skills Australia (GSA) Public Sector Industry Advisory Committee

The Public Service Commissioner represents the Commonwealth on the GSA Public Sector Industry Advisory Committee. The committee also comprises representatives from the States and Territories, and two union representatives. The committee is chaired by the South Australian Deputy Commissioner for Public Employment. The focus of GSA is providing high quality training resources and services to support the recognition of skills and professionalism in government administration, services and operations.

Australia and New Zealand School of Government (ANZSOG)

The Public Service Commissioner represented the Commonwealth as one of thirteen Directors on the Foundation Board of the Australia and New Zealand School of Government until November 2005, when she stood down from the role. The Foundation Board sets the direction for and oversees the delivery of the School’s programmes and activities. The new Commonwealth representative is the Secretary of the Department of the Prime Minister and Cabinet, Dr Peter Shergold. He is also the Chair of the Board.

The Foundation Board consists of:

the Foundation Dean
a representative of the Commonwealth
one Director from each of the other three participating Australian governments, (of New South Wales, Victoria and Queensland)
one Director from New Zealand (representing the New Zealand Government and the Victoria University of Wellington)
five Directors (representing the nine participating Australian universities and business schools: i.e. Monash University, Melbourne Business School, University of Queensland, University of Canberra, University of Melbourne, University of New South Wales, Griffith University, Australian National University and University of Sydney)
two independent Directors appointed by all members.

The School is a collaborative venture to improve national and international learning, networking, collaboration and research in the areas of public policy, public management and public administration.

3) Categories of documents maintained (s.8(1)(a)(iii))

Public Service Commissioner

Documents maintained by the Public Service Commissioner include those relating to:

internal management
APS Employment Database
development programmes
employment framework
employment related fee-for-service activities
individual cases
leadership issues
legal advisings
machinery of government and administrative arrangements
networks established and or managed by the Commission
outsourcing of activities
performance management
personnel practices
recruitment, selection, promotion and staffing
review of the Public Service Act 1999
redeployment, retrenchment and retirement of staff
seminar events and related evaluations
senior executive staffing
submissions to inquiries
surveys, studies, reviews and evaluations
values and conduct policy
whistleblowing
workplace diversity, including equal employment opportunity and harassment issues.

Merit Protection Commissioner

Documents maintained by the Merit Protection Commissioner include:

information brochures about the range of functions of the Merit Protection Commissioner, ISACs, Promotion Review Committees and review of actions
Merit Protection Commissioner's Instructions on procedures for ISACs, Promotion Review Committees and for the review of actions
documents relating to the Merit Protection Commissioner’s decision making processes, day-to-day administration and policy matters
individual case files
files relating to fee-for-service activities including records of ISAC processes
submissions to inquiries.

Documents maintained in relation to the powers of the former MPRA exercised by the Merit Protection Commissioner include:

decisions of Disciplinary Appeal Committees
individual grievance case files.

The pre-July 1987 records of the former Public Service Board are now held by the Australian Archives.

General

The majority of documents are held in hard copy form, either on records management files or as individual written or printed items. Other documents are held as computer-stored data, microfiche, charts, plans, films, videotapes, audiotapes or card indexes.

Consistent with Australian Archives disposal schedules, both policy and case-work document files are maintained. They are registered either by subject matter or by name. The Records Management Unit maintains a list of indexed headings covering subjects.

Documents available to the public in accordance with arrangements made by the Public Service Commissioner and the Merit Protection Commissioner include:

the Public Service Commissioner's Annual Report (which incorporates the Merit Protection Commissioner’s Annual Report)
the State of the Service series of reports:
- State of the Service Report (including the Workplace Diversity Report)
- Australian Public Service Statistical Bulletin
guidelines on a variety of matters.

Most publications are available free of charge. Details of all publications are available on the Commission’s website.

4) Facilities for Access (s.8(1)(a)(iv))

In relation to both the Public Service Commissioner and the Merit Protection Commissioner, facilities for accessing publications or other documents available outside the scope of the FOI Act are provided via the Public Service Commissioner's Internet site (which incorporates the Merit Protection Commissioner site). In the event that documents cannot be located on this site further inquiries about access should be directed to the Employment Policy Helpline: 02 6272 3609.

Where a decision has been made to give access to documents under the FOI Act they will generally be copied to applicants. Where copies are not made available, documents may be inspected at the Edmund Barton Building, Kings Avenue, Barton ACT or at Regional Offices.

(5) Freedom of Information Procedures and Initial Contact Point (s.8(1)(a)(v))

Written requests for access to documents in the possession of the Public Service Commissioner or the Merit Protection Commissioner should be accompanied by a $30 application fee and directed to:

Freedom of Information Co-ordinator
Australian Public Service Commission
Edmund Barton Building
BARTON ACT 2600

There is no proforma application document. Inquiries about access to documents may be directed to the Freedom of Information Co-ordinator at the above address or by telephoning (02) 6272 3599 between the hours of 9.00am and 5.00pm Monday to Friday.

In some instances the Public Service Commissioner may need to consult with persons who have lodged requests. Applicants may be contacted where there is a need:

to assist an applicant to more specifically identify documents to which access is sought
to give an applicant a reasonable opportunity for consultation before denying access on the grounds of insufficient information (subsection 15(3)) or if the request requires a substantial or unreasonable diversion of resources (subsection 24(1))
for notification of charges and deposit, if necessary, including discussion of charges remission.

6) Operation of the Freedom of Information Act

In relation to both the Public Service Commissioner and the Merit Protection Commissioner there were two valid requests for access received during 2005–2006. No requests were outstanding at the end of the period.

During the year 0.1 staff years were spent on matters associated with the administration of the FOI Act.

A total of $60 was collected in relation to the requests received under the FOI Act.