Appendix E: Freedom of information

This statement is published in accordance with the requirements of section 8 of the Freedom of Information (FOI) Act 1982. 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 Act, 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 on 5 December 1999 with the introduction of the Act, 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 Act.

2) Arrangements for external bodies to participate in policy formulation or administration (S.8(1)(A)(II))

Public Sector Management (PSM) Programme Board of Management

The Public Service Commissioner is represented on the PSM Programme 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 Programme is a national strategy to deliver relevant, practically focused training that reflects the changing expectations of the public sector. The Programme 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 Australian Public Service Commission is represented on the GSA Public Sector Industry Advisory Committee. The committee also comprises representatives from the States and Territories. 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.

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 (APSED)
• 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 Act
• 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 EEO and harassment issues.

Merit Protection Commissioner

Documents maintained by the Merit Protection Commissioner include:

• information brochures about the range of functions of the MPC, ISACs, Promotion Review Committees (PRCs) and reviews of actions
• Merit Protection Commissioner's Instructions on procedures for ISACs, PRCs and for reviews 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 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 Public Service Board are now held by the National 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 (incorporating 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 enquiries about access should be directed to the Employment Policy Adviceline at <employmentadvice@apsc.gov.au>.

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 Commission premises at 16 Furzer Street Phillip 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 Coordinator
Australian Public Service Commission
16 Furzer Street
PHILLIP ACT 2606

There is no proforma application document. Enquiries about access to documents may be directed to the Freedom of Information Coordinator at the above address or by telephoning (02) 6202 3571 between 9.00 am and 5.00 pm Monday to Friday.

In some instances the Public Service Commissioner may need to consult with people 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 six valid requests for access received during 2008–09. Two requests were outstanding at the end of the period.

During the year 174 staff hours were spent on matters associated with administering the FOI Act.

A total of $120 was collected in relation to the requests received under the FOI Act.

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