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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:

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.

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Disclosure logs

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 published in the disclosure log 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 published in the disclosure log 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 published in the disclosure log 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 published in the disclosure log 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 published in the disclosure log

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 published in the disclosure log 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 published in the disclosure log 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 published in the disclosure log 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 published in the disclosure log 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.