Appendix B: Freedom of Information

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 (PS Commissioner) and the Merit Protection Commissioner (MP 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) FOI Act) Public Service Commissioner

The functions of the PS Commissioner and the particulars of the organisation of the APS Commission are described in this Annual Report in the Commission Overview.

The principal powers exercised by the PS Commissioner as they affect members of the public are those relating to the issuing of Commissioner's Directions under the PS 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 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 the following:

• 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 Values relates to the delivery of services to the Australian public. The PS Commissioner has issued Directions which specify that an Agency Head must put in place measures directed at upholding this 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 Australiawide, including a range of employment-related activities on a fee-for-service basis.

Merit Protection Commissioner

The organisation of the office of the MP Commissioner is described under the heading, Organisational Structure, in the MP Commissioner's Annual Report which is included with the Public Service Commissioner's Annual Report.

The full range of the MP Commissioner's functions under the PS Act 1999, which relate generally to reviewing actions affecting individual APS employees in relation to their employment, are also described under the heading, Role Function and Structure, in the MP Commissioner's Annual Report. In addition, the MP 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 MP 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 MP Commissioner may investigate complaints by former employees that relate to the 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 MP 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) FOI Act)

Public Sector Management (PSM) Program Board of Management

The PS 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.

Public Service Education and Training Australia (PSETA)

PSETA comprises the Public Service Commissioners (or equivalent) of the Commonwealth, states and territories, together with representatives of the Community and Public Sector Union (CPSU)/State Public Services Federation (SPSF) and the Australian Council of Trade Unions. PSETA is chaired by the South Australian Deputy Commissioner of Public Employment and the secretariat is located in Adelaide.

Australia and New Zealand School of Government (ANZSOG)

The Public Service Commissioner represents the Commonwealth as one of thirteen Directors on the Foundation Board of the Australia and New Zealand School of Government. Other members are:

• the Foundation Dean
• 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 Foundation Board sets the direction for and oversees the delivery of the School's programs and activities. It was established on incorporation of the School on 3 December 2002 and will be replaced by a Board of eleven Directors within two years. 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. It currently offers a two-year part-time Executive Masters in Public Administration program for senior middle managers, and an intense three-week residential program for senior executives at the Deputy Secretary, First Assistant Secretary and equivalent levels.

The Masters Program is formally accredited by participating universities in each participating jurisdiction and New Zealand.

(3) Categories of documents maintained (S8(1)(A)(III) FOI Act)

PS Commissioner

Documents maintained by the PS Commissioner include those relating to:

• internal management
• APS Employment Database
• development programs
• employment framework
• individual cases
• leadership issues
• legal advisings
• machinery of government and administrative arrangements
• outsourcing of APS activities
• performance management
• personnel practices
• recruitment, selection, promotion and staffing
• redeployment, retrenchment and retirement of staff
• senior executive staffing
• submissions to inquiries
• surveys, studies and reviews
• values and conduct policy
• whistleblowing
• workplace diversity, including equal employment opportunity and harassment issues.

MP Commissioner

Documents maintained by the MP Commissioner include:

• information brochures about the range of functions of the MP Commissioner, ISACs, Promotion Review Committees and review of actions
• MP Commissioner's Instructions on procedures for ISACs, Promotion Review Committees and for the review of actions
• documents relating to the MP Commissioner's decision making processes, day-to-day administration and policy matters
• individual case files
• submissions to inquiries.

Documents maintained in relation to the powers of the former MPRA exercised by the MP 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, typewritten 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 PS Commissioner include:

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

With one or two minor exceptions, all publications are available free of charge.

(4) Facilities for access (S.8(1)(A)(IV) FOI Act)

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

Documents obtained under the FOI Act may be inspected at the Edmund Barton Building, Kings Avenue, Barton ACT 2600 or at Regional Offices.

(5) Freedom of Information procedures and initial contact point (S8(1)(A)(V) FOI Act)

Written requests for access to documents in the possession of the PS Commissioner or the MP 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

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 9.00a.m. and 5.00p.m., Monday to Friday.

In some instances the PS 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 PS Commissioner and the MP Commissioner there were 2 outstanding FOI requests at 30 June 2002. During 2002-03 6 requests for access were received. Five of these requests were finalised.

During the year 0.37 staff years were devoted to matters associated with the administration of the FOI Act.

There were no applications for internal review in accordance with section 54 of the FOI Act.

A total of $90 was collected in relation to the requests received under the FOI Act.