DOUGLASS revised documents for release.pdf

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DOCUMENT 6
s 22
s 22
Subject:
FW: OCO - Anderson, Iain - incoming Ombudsman - 1 August 2022 [SEC=OFFICIAL]
Attachments:
Instrument.pdf; Commonwealth Ombudsman appointment 2022 - Iain Anderson -
super salary - letter from Remuneration Tribunal - 15 July 2022.PDF
Importance:
High
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OFFICIAL
From: Carmen s 47F  s 47F
Sent: Wednesday, 27 July 2022 8:14 AM
To: s 47E
Cc: Jody s 47F
s 47F
Subject: OCO - Anderson, Iain - incoming Ombudsman - 1 August 2022 [SEC=OFFICIAL]
Importance: High
OFFICIAL
OFFICIAL
Hi team
Please see attached instrument of appointment and letter concerning superannuation salary for incoming Ombudsman
Iain Anderson. Iain commences with us on Monday.
I’m away today so grateful if you can speak to Jody
cc;d to this email for anything you need today.
Kind regards
Carmen
From: s 47F
@ag.gov.au>
Sent: Tuesday, 26 July 2022 4:53 PM
To: Polly s 47F
Cc: Carmen s 47F  s 47F
s 47F
@ag.gov.au>
Subject: RE: [External] Acting Ombudsman and Deputy Ombudsman instruments [SEC=OFFICIAL]
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DOCUMENT 8
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s 22
Subject:
FW: OCO - Anderson, Iain - incoming Ombudsman - 1 August 2022 [SEC=OFFICIAL]
Attachments:
Instrument.pdf; Commonwealth Ombudsman appointment 2022 - Iain Anderson -
super salary - letter from Remuneration Tribunal - 15 July 2022.PDF
Importance:
High
OFFICIAL
OFFICIAL
From: Carmen s 47F  s 47F
Sent: Wednesday, 27 July 2022 8:14 AM
To: s 47E
Cc: Jody s 47F
s 47F
Subject: OCO - Anderson, Iain - incoming Ombudsman - 1 August 2022 [SEC=OFFICIAL]
Importance: High
OFFICIAL
OFFICIAL
Hi team
Please see attached instrument of appointment and letter concerning superannuation salary for incoming Ombudsman
Iain Anderson. Iain commences with us on Monday.
I’m away today so grateful if you can speak to Jody s 47F
cc;d to this email for anything you need today.
Kind regards
Carmen
From: s 47F
@ag.gov.au>
Sent: Tuesday, 26 July 2022 4:53 PM
To: Polly s 47F
Cc: Carmen s 47F  s 47F
s 47F
@ag.gov.au>
Subject: RE: [External] Acting Ombudsman and Deputy Ombudsman instruments [SEC=OFFICIAL]
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DOCUMENT 14
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s 22
Subject:
FW: FOR ADVICE: Incoming Ombudsman - information for payroll purposes
[SEC=OFFICIAL]
Attachments:
02. Personal Particulars.doc; 03. Mode of Pay.doc; 04. Superannuation Standard Choice
Form.pdf; 05. Tax file number declaration.pdf; 06. Childers Street - Physical Security
Access Form.doc; 07. IT - Staff Acknowledgement.pdf; 08. Conflict of Interest
acknowledgement and information.doc; 09. Acknowledgement of key obligations and
information.doc; 10. Security Clearance Request Form.docx; 11. Security Clearance
Privacy Statement and Informed Consent Form.doc
OFFICIAL
From: Carmen s 47F  s 47F
@ombudsman.gov.au>
Sent: Tuesday, 26 July 2022 3:28 PM
To:s 47F
@ag.gov.au
Cc: Jody s 47F
@ombudsman.gov.au>; Polly s 47F
@ombudsman.gov.au>
Subject: FOR ADVICE: Incoming Ombudsman - information for payroll purposes [SEC=OFFICIAL]
OFFICIAL
Dear s 47F
How are you? I hope this email finds you well.
In preparation for the commencement of the new Ombudsman, Mr Iain Anderson, on Monday 1 August 2022, we are
seeking advice on the most appropriate way to gather information relating to payroll particulars.
Our suite of information is below and attached, for your information and reference.
Would you also please be able to provide a copy of the appointment instrument for our records and for forwarding onto
Shared Services for payroll processing?
With thanks and kind regards
Carmen
Carmen s 47F
Director, Human Resources
COMMONWEALTH OMBUDSMAN
Proud to be working on the lands of Jagera and Turabal peoples
Phone:   s 47F
Email:    s 47F
@ombudsman.gov.au
Website: ombudsman.gov.au
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Influencing systemic improvement in public administration

The Office of the Commonwealth Ombudsman acknowledges the Traditional Owners of country throughout Australia
and their continuing connection to land, culture and community. We pay our respects to elders past and present.

Would you please complete the following attachments and return to HR at xxxxx.xxxxxxxxx@xxxxxxxxx.xxx.xx as
soon as possible, along with copies of your Birth Certificate and Australian Citizenship.

  02. Personal Particulars
  03. Mode of Salary Payment
  04. Super Choice form
  05. Tax File Number declaration
  06. Physical Security Access
  07. IT – Staff Acknowledgement
  08. Conflict of Interest Acknowledgement and information
  09. Acknowledgment of key obligations
  10. Security Clearance Transfer Request Form
  11. Security Clearance Privacy Statement and Informed Consent

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DOCUMENT 15
PERSONAL PARTICULARS
1. PERSONAL DETAILS
Surname:
Other Names:
Home Address:
Home Telephone/Mobile Number:
Postal Address: (insert “as above” if same as home address)
Date of Birth:
____/____/____
Courtesy Title:  Mr  Mrs  Ms   Miss   Dr 
2. NEXT OF KIN
Surname:
Other Names:
Relationship:
Address:
Telephone Numbers:
Home (    )
Work (    )
3. PREVIOUS EMPLOYMENT
Employer
Position Held
Dates Employed
________/20__ - _________/20__
________/20__ - _________/20__
________/20__ - _________/20__
PREVIOUS AGS No. (most recent issued):
4. EDUCATIONAL QUALIFICATIONS
Highest level of educational qualification  Year
Institution (please indicate in next column if
O/S
gained (please be specific and indicate
Completed
institution is overseas ‘O/S’ or Australian ‘A’)
or A
main field of study)
5. Please indicate where you were prior to joining the APS
Employed in:
Private sector
Other sector
State or local government
Tertiary institution
Not employed
Commonwealth public sector
Self-employed
Attending an educational institution
6. RESTRICTIONS ON EMPLOYMENT
Are you an Australian Citizen?
Yes  
No  **
**if NO please email xxxxx.xxxxxxxxx@xxxxxxxxx.xxx.xx immediately
I have accepted a voluntary redundancy within the last twelve months
Yes  
No  
Declaration:
I (insert name)___________________________________________________ am aware that I am not eligible to
apply for ongoing employment with the department within twelve months of my redundancy from the APS.
7. EMPLOYEE CERTIFICATION
I certify that the details I have provided are true and correct:   Signature: ..........................................................
Dated: ...../....../......
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8. DIVERSITY IN EMPLOYMENT (OPTIONAL)
You are encouraged to provide the following information to assist in the monitoring of employment equity
and workplace diversity in the department.  Provision of the information is voluntary.

Do you identify as?

Male


Female


Intersex / Indeterminate / Unspecified

Are you an Aboriginal or Torres Strait Islander (ATSI)?

No


Yes

Were you born in Australia or overseas?

In Australia


Overseas



Which country …………………… When did you first arrive in Australia?  ____/____/___
Was the FIRST language you spoke

English


English and another language  
Language other than English  

Please indicate which other language you spoke

An ATSI language


Polish



Arabic



Serbian



Chinese



Slovenian



Croatian



Spanish



Dutch



Turkish



German



Vietnamese


Greek



Cantonese



Italian



Mandarin



Macedonian


Not applicable


Other, please state:
    ...............................................................
Was the FIRST language spoken by your mother

English


English and another language  
Language other than English


Was the FIRST language spoken by your father

English


English and another language  
Language other than English

Do you have a disability that is likely to last 6 months or more?
No

Yes

(Do not count eyesight problems that are corrected by wearing glasses or contact lenses)

Please indicate the limitations that your disability places on you:
Hearing  

Seeing  

Learning 
Communicating 
Movement activities  

Moving around (eg using transportation)  
Daily life activities (bathing, showering etc)  
Care of necessities, domestic activities  
Responding to and dealing with particular circumstances (eg following directions etc)  
Limitations apply but you choose not to identify them.  

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MODE OF SALARY PAYMENT
FULL NAME    ………………………………………………………………………...
ACCOUNT DETAILS
This information will be provided to the office payroll provider and Finance area for the payment of your salary and all other monies
including travelling allowance.
BANK
BRANCH NUMBER
ACCOUNT NUMBER
………………………
………………………..
BUILDING SOCIETY
BRANCH NUMBER
ACCOUNT NUMBER
………………………
………………………..
CREDIT UNION
BRANCH NUMBER
ACCOUNT NUMBER
………………………
………………………..
BRANCH NAME
……………..………………………………………………………………..
ACCOUNT NAME
………………………….…………………………………………………..
FULL TITLE OF ACCOUNT    ……………………………………….……………………………….
DEDUCTION 1 (OPTIONAL)
BANK 
BUILDING SOCIETY 
CREDIT UNION 
INSTITUTION NAME  …………………………………………………….…………………………
BRANCH NAME     …………………..………..   BRANCH NUMBER    …………….……………..
ACCOUNT NUMBER ………………………………….    AMOUNT $   ……………..……………
FULL TITLE OF ACCOUNT    …………………..…………………………………………………….
DEDUCTION 2 (OPTIONAL)
BANK 
BUILDING SOCIETY 
CREDIT UNION 
INSTITUTION NAME  …………………………………………………….…………………………
BRANCH NAME     …………………..………..   BRANCH NUMBER    …………….……………..
ACCOUNT NUMBER ………………………………….    AMOUNT $   ……………..……………
FULL TITLE OF ACCOUNT    …………………..…………………………………………………….
SIGNATURE    ………………………………………………………………    DATE    …../…../…..
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OUR COMMITMENT TO YOU
We are committed to providing you with accurate, consistent
and clear information to help you understand your rights and
entitlements and meet your obligations.
if you follow our information in this publication and it turns out
to be incorrect, or it is misleading and you make a mistake as
a result, we must still apply the law correctly. If that means you
owe us money, we must ask you to pay it but we will not charge
you a penalty. Also, if you acted reasonably and in good faith we
will not charge you interest.
if you make an honest mistake in trying to follow our information
in this publication and you owe us money as a result, we will
not charge you a penalty. However, we will ask you to pay
the money, and we may also charge you interest. If correcting
the mistake means we owe you money, we will pay it to you.
We will also pay you any interest you are entitled to.
if you feel that this publication does not fully cover your
circumstances, or you are unsure how it applies to you,
you can seek further assistance from us.
We regularly revise our publications to take account of any
changes to the law, so make sure that you have the latest
information. if you are unsure, you can check for more recent
information on our website at ato.gov.au or contact us.
This publication was current at August 2014.
© AUSTRALIAN TAXATION OFFICE FOR THE
PUBLISHED BY
COMMONWEALTH OF AUSTRALIA, 2014
Australian Taxation office
You are free to copy, adapt, modify, transmit and distribute this material as
Canberra
you wish (but not in any way that suggests the ATO or the Commonwealth
August 2014
endorses you or any of your services or products).

JS 31287
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Section B: Employer to complete
You must complete this section before giving the form to an employee who is eligible to choose the super fund into which you
pay their super contributions.
  Sign and date the form when you give it to your employee.
6  Your details
Business name Office of the Commonwealth Ombudsman
ABN
5 3
  0 0 3
  6 7 8

1 4 8
Signature
Date
Day
Month
Year
7  Your nominated super fund
If the employee does not choose their own super fund, you are required to pay super contributions on their behalf to the fund
that you have nominated below:
Super fund name PSSap (Public Sector Superannuation - Accumulation Plan)
Unique superannuation identifier (USI)
Phone (for the product disclosure statement for this fund) 1 3 0 0 7 2 5 1 7 1
Super fund website address www.pssap.gov.au
Section C: Employer to complete
  Complete this section when your employee returns the form to you with section A completed.
8  Record of choice acceptance
In the two months after you receive the form from your employee you can make super contributions to either the fund you
nominated or the fund the employee nominated. After the two‑month period you must make payments to the fund chosen
by the employee.
  If you don’t meet your obligations, including paying your employee superannuation contributions to the correct fund,
you may face penalties.
Day
Month
Year
Day
Month
Year
Date employee’s choice
Date you act on your
is received
employee’s choice
  Employers must keep the completed form for their own record for five years. Do not send it to the Australian
Taxation Office, the employer’s nominated fund or the employee’s nominated fund.
PRIVACY STATEMENT
The ATO does not collect this information; we provide this form as a means for employees to identify and provide necessary
information to their employer. An employer is authorised to collect an employee’s TFN under the Superannuation Industry
(Supervision) Act 1993. It is not an offence for an employee not to quote their TFN. However, quoting a TFN reduces the
risk of administrative errors and if the employee does not quote their TFN their contributions may be taxed at a higher rate.
An employee can get more details regarding their privacy rights by contacting their superannuation fund.
Print form
Reset form
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DOCUMENT 18
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DOCUMENT 19
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DOCUMENT 20
ACKNOWLEDGEMENT OF
CONFLICT OF INTEREST OBLIGATIONS
All employees of the Office of the Commonwealth Ombudsman are required by the
Commonwealth Ombudsman to acknowledge their obligations in relation to declaring real,
apparent, or perceived conflicts of interest.
Declaration
I, …………………………………………………………………………………………………..…
of ………………………………………………….…………………………………………….…..
hereby declare that I have been provided with a copy of the office of the Commonwealth
Ombudsman’s Information on Conflict of Interest.
I have read and understand the contents of these documents and agree to abide by the laws
and policies contained therein.
………………………………………………………
…………………………………….….
Signature of employee
Date
Witness
Declared at ……………………………………………………………………….………………
This ……………………………….. day of ……………………….……… 20…..……..…
Before me …………………………………………………………………………....…..…
(name of witness)
………………………………………………………………………….……..…
(signature)
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Information on Conflict of Interest
Staff have an obligation under the Public Service Act 1999 and the Public Governance, Performance
and Accountability Act 2013 to disclose and take reasonable steps to avoid any real or apparent
conflict of interest in relation to our employment. A conflict of interest exists when it appears likely
that a staff member could be influenced, or where it could be perceived that they are influenced, by a
personal interest in carrying out their duty.
Real conflicts of interest include:
 dealing with a complaint where you or your spouse, family member or friend, was the
decision-maker in the agency concerned
 dealing with complaints made by friends or relatives.
An apparent or perceived conflict of interest could include:
 strong social or personal relationships with an agency the subject of a complaint
 circumstances in which you are seeking assistance from or are in dispute with an agency in a
private capacity (that would involve more significant interaction than the public generally has
with the agency –  lodgement of your tax return with the ATO or claiming a payment through
Centrelink would not preclude you from responding to approaches in relation to those
agencies).
Any real or perceived conflict must be immediately reported to your supervisor. If you are in doubt,
you should discuss the matter with your supervisor.
Where there is likely to be an actual conflict of interest in relation to an approach, conflicted staff
members should have no dealing with the approach. They should not access the Resolve record,
read the paper file or discuss the matter with the staff member involved with the complaint.
Supervisors should remind the staff member of their privacy obligations and consider whether it is
appropriate to transfer the approach to another team, create an audit trail or lock-down the Resolve
record.
Where there might be an appearance of conflict in relation to an approach, but you are confident you
would bring an open mind to the matter, the apparent conflict should be discussed with your
supervisor so that they may consider what (if any) action should be taken.
Conflicts of interest can also arise when a staff member has recently worked in, or received an offer
of employment from, an agency within our jurisdiction.
Where a staff member has come to the office with recent work experience in an agency within
jurisdiction, the Ombudsman will consider the nature of the work previously undertaken and the
duration of the previous employment when deciding whether or not there could be a real or perceived
conflict of interest. He may decide that the employee should not respond to approaches in relation to
that agency for a specified period of time.
Staff members should advise their supervisor if they receive a final offer of employment from an
agency within jurisdiction. The supervisor will notify the relevant Senior Assistant Ombudsman (SAO)
of the offer. In these circumstances, the Senior Assistant Ombudsman and the Deputy Ombudsman
should consider the nature of the new position and its relationship to the work of the office when
deciding whether there could be a real or perceived conflict of interest. If the Deputy Ombudsman is
concerned about a conflict, they will discuss the steps that could be taken to avoid any conflict with
the employee. The steps may include re-allocation of the staff member's duties, limiting the staff
member's work to approaches from other agencies, or temporary movement to another work area.
Staff members involved in procurement or tendering on behalf of the office must declare any
personal relationships or financial interests with any of the vendors or tenderers. The Chief Operating
Officer will decide whether the staff member should continue to be involved in the procurement or
tender process.
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DOCUMENT 21
ACKNOWLEDGEMENT OF KEY OBLIGATIONS
I, ……………………………………………………………………………………acknowledge that:

I have been  provided  with a list  highlighting certain relevant  legislation, policies  and
procedures  applying  to  APS  employees  in  the  Office  of  the  Commonwealth
Ombudsman.

In particular, my attention has been drawn to the legal provisions and policies set out
below:
The APS Values and Code of Conduct – s 10 and s 13 of the Public Service Act 1999
Government information and privacy

Public Service Regulation 2.1, Duty not to disclose information;

The Ombudsman Act 1976, Duty to not to disclose information;

The Privacy Act 1988, in particular the Australian Privacy Principles;

The Archives Act 1983;

The  Crimes  Act  1914,  in  particular  section  70,  disclosure  of  information  by
Commonwealth officers and section 79, official secrets; and

The Criminal Code Act 1995 sets out a range of offences, including: abuse of public
office;  espionage  and  similar  activities;  and  unauthorised  access  to,  or  modification
of, restricted data held in a Commonwealth computer to which access is restricted by
an access control system.
Other offences applying to Commonwealth employees

The Public Governance, Performance and Accountability Act 2013 creates a number
of duties, including:
o
Duty of care and diligence (section 25);
o
Duty to act honestly, in good faith and for a proper purpose (section 26);
o
Duty in relation to use of position (section 27);
o
Duty in relation to use of information (section 28); and
o
Duty to disclose interests (section 29).

The Criminal Code Act 1995 creates a range of offences, including theft, fraud, abuse
of public office and bribery.
I  acknowledge  that  it  is  my  responsibility  to  familiarise  myself  and  keep  up  to  date  with  the
legislation,  policies  and  procedures  applying  to  my  work.    In  particular,  I  note  that  Public
Service  Regulation  3.16  requires  that  each  APS  employee  must  inform  himself  or  herself
about the Public Service Act, Regulations and the Public Service Commissioner’s Directions.
I acknowledge that these legislative provisions and policies apply to my employment in
the Office of the Commonwealth Ombudsman.
Signature: ……………………………………………………………………..Date: ____/____/____
Witness Signature: …………………………………………………………..Date: ____/____/____
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DOCUMENT 22
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GUIDANCE ON KEY OBLIGATIONS
KEY OBLIGATIONS RELATING TO GOVERNMENT INFORMATION
AND PRIVACY APPLYING TO APS EMPLOYEES
Archives Act 1983
Section 24 – Disposal, destruction etc. of Commonwealth records
(1) Subject to this Part, a person must not engage in conduct that results in:
(a) the destruction or other disposal of a Commonwealth record; or
(b) the transfer of the custody or ownership of a Commonwealth record; or
(c) damage to or alteration of a Commonwealth record.
Penalty: 20 penalty units.
(1A) For the purposes of an offence against subsection (1), strict liability applies to the physical
element of circumstance of the offence, that the record is a Commonwealth record.
Note: For strict liability, see section 6.1 of the Criminal Code.
(2) Subsection (1) does not apply to anything done:
(a) as required by any law;
(b) with the permission of the Archives or in accordance with a practice or procedure
approved by the Archives;
(c) in accordance with a normal administrative practice, other than a practice of a
Department or authority of the Commonwealth of which the Archives has notified the
Department or authority that it disapproves; or
(d) for the purpose of placing Commonwealth records that are not in the custody of the
Commonwealth or of a Commonwealth institution in the custody of the Commonwealth
or of a Commonwealth institution that is entitled to custody of the records.
(3) Subsection (1) does not apply to the destruction of a Commonwealth record, being a record to
which subsection 47(1), 70(1) or 107(1) of the Copyright Act 1968 applies, where the
Director‑General has declined to consent to the delivery of the record to the Archives.
(4) This section does not authorize the Archives to permit the destruction or other disposal of a
Commonwealth record that is in the possession of, or has been transferred to the care of the
Archives by, a Commonwealth institution, without the consent of that institution or of a
Commonwealth institution that has succeeded to the relevant functions of that institution.
(5) For the purposes of the application of subsection (1) to a record of a kind used by means of any
mechanical or electronic device or equipment, including a computer, any treatment or
modification of the record that would prevent the obtaining from the record of information or
matter that could previously have been obtained from the record shall be deemed to be
destruction of the record.
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Public Service Act 1999
Section 10 – APS Values
Committed to service
(1) The APS is professional, objective, innovative and efficient, and works collaboratively to
achieve the best results for the Australian community and the Government.
Ethical
(2) The APS demonstrates leadership, is trustworthy, and acts with integrity, in all that it does.
Respectful
(3) The APS respects all people, including their rights and their heritage.
Accountable
(4) The APS is open and accountable to the Australian community under the law and within the
framework of Ministerial responsibility.
Impartial
(5) The APS is apolitical and provides the Government with advice that is frank, honest, timely and
based on the best available evidence.
Section 13 – The APS Code of Conduct
(1) An APS employee must behave honestly and with integrity in connection with APS
employment.
(2) An APS employee must act with care and diligence in connection with APS employment.
(3) An APS employee, when acting in connection with APS employment, must treat everyone with
respect and courtesy, and without harassment.
(4) An APS employee, when acting in connection with APS employment, must comply with all
applicable Australian laws. For this purpose, Australian law means:
(a) any Act (including this Act), or any instrument made under an Act; or
(b) any law of a State or Territory, including any instrument made under such a law.
(5) An APS employee must comply with any lawful and reasonable direction given by someone in
the employee’s Agency who has authority to give the direction.
(6) An APS employee must maintain appropriate confidentiality about dealings that the employee
has with any Minister or Minister’s member of staff.
(7) An APS employee must:
(a) take reasonable steps to avoid any conflict of interest (real or apparent) in connection
with the employee’s APS employment; and
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(b) disclose details of any material personal interest of the employee in connection with
the employee’s APS employment.
(8) An APS employee must use Commonwealth resources in a proper manner and for a proper
purpose.
(9) An APS employee must not provide false or misleading information in response to a request for
information that is made for official purposes in connection with the employee’s APS
employment.
(10)  An APS employee must not improperly use inside information or the employee’s duties,
status, power or authority:
(a) to gain, or seek to gain, a benefit or an advantage for the employee or any other
person; or
(b) to cause, or seek to cause, detriment to the employee’s Agency, the Commonwealth or
any other person.
(11)  An APS employee must at al  times behave in a way that upholds:
(a) the APS Values and APS Employment Principles; and
(b) the integrity and good reputation of the employee’s Agency and the APS.
(12)  An APS employee on duty overseas must at all times behave in a way that upholds the good
reputation of Australia.
(13)  An APS employee must comply with any other conduct requirement that is prescribed by the
regulations.

Public Service Regulations 1999
Section 2.1 – Duty not to disclose information (Act s 13)
(1) This regulation is made for subsection 13(13) of the Act.
(2) This regulation does not affect other restrictions on the disclosure of information.
(3) An APS employee must not disclose information which the APS employee obtains or generates
in connection with the APS employee’s employment if it is reasonably foreseeable that the
disclosure could be prejudicial to the effective working of government, including the formulation
or implementation of policies or programs.
(4) An APS employee must not disclose information which the APS employee obtains or generates
in connection with the APS employee’s employment if the information:
(a) was, or is to be, communicated in confidence within the government; or
(b) was received in confidence by the government from a person or persons outside the
government;
whether or not the disclosure would found an action for breach of confidence.
(5) Subregulations (3) and (4) do not prevent a disclosure of information by an APS employee if:
(a) the information is disclosed in the course of the APS employee’s duties; or
(b) the information is disclosed in accordance with an authorisation given by an Agency
Head; or
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(c) the disclosure is otherwise authorised by law; or
(d) the information that is disclosed:
(i)   is already in the public domain as the result of a disclosure of information that
is lawful under these Regulations or another law; and
(ii)   can be disclosed without disclosing, expressly or by implication, other
information to which subregulation (3) or (4) applies.
(6) Subregulations (3) and (4) do not limit the authority of an Agency Head to give lawful and
reasonable directions in relation to the disclosure of information.
Note: Under section 70 of the Crimes Act 1914, it is an offence for an APS employee to publish
or communicate any fact or document which comes to the employee’s knowledge, or into the
employee’s possession, by virtue of being a Commonwealth officer, and which it is the
employee’s duty not to disclose.

Crimes Act 1914
Section 70 – Disclosure of information by Commonwealth officers
(1) A person who, being a Commonwealth officer, publishes or communicates, except to some
person to whom he or she is authorized to publish or communicate it, any fact or document
which comes to his or her knowledge, or into his or her possession, by virtue of being a
Commonwealth officer, and which it is his or her duty not to disclose, shall be guilty of an
offence.
(2) A person who, having been a Commonwealth officer, publishes or communicates, without
lawful authority or excuse (proof whereof shal  lie upon him or her), any fact or document which
came to his or her knowledge, or into his or her possession, by virtue of having been a
Commonwealth officer, and which, at the time when he or she ceased to be a Commonwealth
officer, it was his or her duty not to disclose, shall be guilty of an offence.
Penalty: Imprisonment for 2 years.
Section 79 – Official secrets
(1) For the purposes of this section, a sketch, plan, photograph, model, cipher, note, document, or
article is a prescribed sketch, plan, photograph, model, cipher, note, document or article in
relation to a person, and information is prescribed information in relation to a person, if the
person has it in his or her possession or control and:
(a) it has been made or obtained in contravention of this Part or in contravention of section
91.1 of the Criminal Code;
(b) it has been entrusted to the person by a Commonwealth officer or a person holding
office under the Queen or he or she has made or obtained it owing to his or her
position as a person:
(i)     who is or has been a Commonwealth officer;
(ii)     who holds or has held office under the Queen;
(ii )     who holds or has held a contract made on behalf of the Queen or the
Commonwealth;
(iv)
who is or has been employed by or under a person to whom a preceding
subparagraph applies; or
(v)     acting with the permission of a Minister;
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and, by reason of its nature or the circumstances under which it was entrusted to him
or her or it was made or obtained by him or her or for any other reason, it is his or her
duty to treat it as secret; or
(c) it relates to a prohibited place or anything in a prohibited place and:
(i)     he or she knows; or
(ii)
by reason of its nature or the circumstances under which it came into his or
her possession or control or for any other reason, he or she ought to know;
that it should not be communicated to a person not authorized to receive it.
(2) If a person with the intention of prejudicing the security or defence of the Commonwealth or a
part of the Queen’s dominions:
(a) communicates a prescribed sketch, plan, photograph, model, cipher, note, document
or article, or prescribed information, to a person, other than:
(i) a person to whom he or she is authorized to communicate it; or
(ii)   a person to whom it is, in the interest of the Commonwealth or a part of the
Queen’s dominions, his or her duty to communicate it;
or permits a person, other than a person referred to in subparagraph (i) or (ii), to have
access to it;
(b) retains a prescribed sketch, plan, photograph, model, cipher, note, document or article
in his or her possession or control when he or she has no right to retain it or when it is
contrary to his or her duty to retain it; or
(c) fails to comply with a direction given by lawful authority with respect to the retention or
disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or
article;
he or she shall be guilty of an indictable offence.
Penalty: Imprisonment for 7 years.
(3) If a person communicates a prescribed sketch, plan, photograph, model, cipher, note,
document or article, or prescribed information, to a person, other than:
(a) a person to whom he or she is authorized to communicate it; or
(b) a person to whom it is, in the interest of the Commonwealth or a part of the Queen’s
dominions, his or her duty to communicate it;
or permits a person, other than a person referred to in paragraph (a) or (b), to have access to it,
he or she shall be guilty of an offence.
Penalty: Imprisonment for 2 years.
(4) If a person:
(a) retains a prescribed sketch, plan, photograph, model, cipher, note, document or article
in his or her possession or control when he or she has no right to retain it or when it is
contrary to his or her duty to retain it;
(b) fails to comply with a direction given by lawful authority with respect to the retention or
disposal of a prescribed sketch, plan, photograph, model, cipher, note, document or
article; or
(c) fails to take reasonable care of a prescribed sketch, plan, photograph, model, cipher,
note, document or article, or prescribed information, or to ensure that it is not
communicated to a person not authorized to receive it or so conducts himself or herself
as to endanger its safety;
he or she shall be guilty of an offence.
Penalty: Imprisonment for 6 months.
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(5) If a person receives any sketch, plan, photograph, model, cipher, note, document, article or
information, knowing or having reasonable ground to believe, at the time when he or she
receives it, that it is communicated to him or her in contravention of section 91.1 of the Criminal
Code or subsection (2) of this section, he or she shall be guilty of an indictable offence unless
he or she proves that the communication was contrary to his or her desire.
Penalty: Imprisonment for 7 years.
(6) If a person receives any sketch, plan, photograph, model, cipher, note, document, article or
information, knowing, or having reasonable ground to believe, at the time when he or she
receives it, that it is communicated to him or her in contravention of subsection (3), he or she
shall be guilty of an offence unless he or she proves that the communication was contrary to his
or her desire.
Penalty: Imprisonment for 2 years.
(7) On a prosecution under subsection (2) it is not necessary to show that the accused person was
guilty of a particular act tending to show an intention to prejudice the security or defence of the
Commonwealth or a part of the Queen’s dominions and, notwithstanding that such an act is not
proved against him or her, he or she may be convicted if, from the circumstances of the case,
from his or her conduct or from his or her known character as proved, it appears that his or her
intention was to prejudice the security or defence of the Commonwealth or a part of the
Queen’s dominions.
(8) On a prosecution under this section, evidence is not admissible by virtue of subsection (7) if the
magistrate exercising jurisdiction with respect to the examination and commitment for trial of
the defendant, or the judge presiding at the trial, as the case may be, is of the opinion that that
evidence, if admitted:
(a) would not tend to show that the defendant intended to prejudice the security or
defence of the Commonwealth or a part of the Queen’s dominions; or
(b) would, having regard to all the circumstances of the case and notwithstanding
subsection (9), prejudice the fair trial of the defendant.
(9) If evidence referred to in subsection (8) is admitted at the trial, the judge shall direct the jury
that the evidence may be taken into account by the jury only on the question whether the
defendant intended to prejudice the security or defence of the Commonwealth or a part of the
Queen’s dominions and must be disregarded by the jury in relation to any other question.
(10)  A person charged with an offence against subsection (2) may be found guilty of an offence
against subsection (3) or (4) and a person charged with an offence against subsection (5)
may be found guilty of an offence against subsection (6).

Criminal Code 1995
Section 91.1 – Espionage and similar activities
(1)  A person commits an offence if:
(a) the person communicates, or makes available:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being
information that the person acquired (whether directly or indirectly) from the
Commonwealth; and

(b) the person does so intending to prejudice the Commonwealth’s security or defence;
and
(c) the person’s act results in, or is likely to result in, the information being communicated
or made available to another country or a foreign organisation, or to a person acting on
behalf of such a country or organisation.
Penalty:  Imprisonment for 25 years.
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(2) A person commits an offence if:
(a) the person communicates, or makes available:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being
information that the person acquired (whether directly or indirectly) from the
Commonwealth; and
(b) the person does so:
(i) without lawful authority; and
(ii) intending to give an advantage to another country’s security or defence; and
(c) the person’s act results in, or is likely to result in, the information being communicated
or made available to another country or a foreign organisation, or to a person acting on
behalf of such a country or organisation.
Penalty:  Imprisonment for 25 years.
(3) A person commits an offence if:
(a) the person makes, obtains or copies a record (in any form) of:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being
information that the person acquired (whether directly or indirectly) from the
Commonwealth; and
(b) the person does so:
(i) intending that the record will, or may, be delivered to another country or a foreign
organisation, or to a person acting on behalf of such a country or organisation;
and
(ii) intending to prejudice the Commonwealth’s security or defence.
Penalty:  Imprisonment for 25 years.
(4) A person commits an offence if:
(a) the person makes, obtains or copies a record (in any form) of:
(i) information concerning the Commonwealth’s security or defence; or
(ii) information concerning the security or defence of another country, being
information that the person acquired (whether directly or indirectly) from the
Commonwealth; and
(b) the person does so:
(i) without lawful authority; and
(ii) intending that the record will, or may, be delivered to another country or a
foreign organisation, or to a person acting on behalf of such a country or
organisation; and
(ii ) intending to give an advantage to another country’s security or defence.
Penalty:  Imprisonment for 25 years.
(5) For the purposes of subparagraphs (3)(b)(i) and (4)(b)(ii), the person concerned does not need
to have a particular country, foreign organisation or person in mind at the time when the person
makes, obtains or copies the record.
(6) A person charged with an offence under this section may only be remanded on bail by a judge
of the Supreme Court of a State or Territory. This subsection has effect despite anything in
section 93.1.
Note: Section 93.1 deals with how a prosecution is instituted.
(7) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to
offences under this section.
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Ombudsman Act 1976
Section 35 – Officers to observe confidentiality
(1) In this section, officer means:
(a) the Ombudsman;
(b) a Deputy Ombudsman;
(c) a person who is a member of the staff referred to in subsection 31(1); or
(d) a person, not being a person referred to in paragraph (b) or (c), to whom the
Ombudsman has delegated any of his or her powers under section 34 or who is an
authorized person; or
(e) a person who is made available to the Ombudsman as mentioned in subsection 8(12).
(2) Subject to this section, an officer shall not, either directly or indirectly, and either while he or
she is, or after he or she ceases to be, an officer, make a record of, or divulge or communicate
to any person, any information acquired by him or her by reason of his or her being an officer,
being information that was disclosed or obtained under the provisions of this Act or under
Division 7 of Part V of the Australian Federal Police Act 1979, including information furnished
by the Ombudsman of a State or information disclosed to or obtained by the Commonwealth
Ombudsman in the exercise of a power of the Ombudsman of a State delegated to him or her
as provided by subsection 34(7).
Penalty: $500.
(3) Subsection (2) does not prevent an officer:
(a) from making a record of, or divulging or communicating to any person, information
acquired by him or her in the performance of his or her duties as an officer for
purposes connected with the exercise of the powers and the performance of the
functions of the Ombudsman; or
(b) from divulging or communicating information to a person:
(i) if the information was given by an officer of a Department or prescribed authority
in the performance of his or her duties as such an officer—with the consent of
the principal officer of the Department or authority or of the responsible Minister;
or
(ia) if the information was given by a person who is, or is an employee of, a
Commonwealth service provider of a Department or prescribed authority under
a contract—with the consent of the principal officer of the Department or
prescribed authority or of the responsible Minister; or

(ii) if the information was given by a person otherwise than as set out in
subparagraph (i) or (ia)—with the consent of the person who gave the
information.
(4) Subject to subsection (5), subsection (2) does not prevent the Ombudsman or a Deputy
Ombudsman from disclosing, in a report made under this Act, such matters as, in his or her
opinion, ought to be disclosed in the course of setting out the grounds for the findings,
conclusions and recommendations contained in the report.
(5) Where the Attorney-General furnishes to the Ombudsman a certificate in writing certifying that:
(a) the disclosure of information or documents concerning a specified matter or matters
included in a specified class of matters; or
(b) the disclosure of a specified document or of documents included in a specified class of
documents;
would, for a reason specified in the certificate, being a reason referred to in paragraph 9(3)(a),
(b), (c), (d) or (e), be contrary to the public interest, an officer shall not, either directly or
indirectly and either while he or she is, or after he or she ceases to be, an officer, except as
provided in subsection (6):
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(c) divulge or communicate to any person any information acquired by him or her under
the provisions of this Act concerning such a matter or such a document;
(d) divulge or communicate any of the contents of such a document to any person; or
(e) furnish such a document, or a copy of, or an extract from, such a document, to any
person.
Penalty: Imprisonment for 2 years.
(6) Subsection (5) does not prevent an officer, in the performance of his or her duties as an officer:
(a) from divulging or communicating information referred to in that subsection to another
officer;
(b) from furnishing any of the contents of, a copy of or an extract from a document referred
to in that subsection to another officer; or
(c) from returning such a document that has been produced to him or her to the person
lawfully entitled to the custody of the document.
(6A) Subsection (2) does not prevent the Ombudsman, or an officer acting on behalf of the
Ombudsman, from giving information or documents under paragraph 6(4D)(e) or paragraph
6(18)(d).
(7) Subject to subsection (7A), where the Ombudsman proposes, for purposes connected with the
exercise of his or her powers or performance of his or her functions, to furnish information, or to
send a document, or a copy of, or extract from, a document, to the Ombudsman of a State, the
Ombudsman shall satisfy himself or herself that a law of the State makes provision
corresponding to the provision made by this section with respect to the confidentiality of
information acquired by the Ombudsman of the State.
(7A) Subsection (7) does not apply in relation to any information or document obtained by the
Ombudsman in the exercise of a power of the Ombudsman of the State that the Ombudsman
was authorized to exercise in pursuance of subsection 34(7).
(8) A person who is or has been an officer is not compellable, in any proceedings before a court
(whether exercising federal jurisdiction or not) or before a person authorized by a law of the
Commonwealth or of a State or Territory, or by consent of parties, to hear, receive and examine
evidence, to disclose any information acquired by him or her by reason of his or her being or
having been an officer, being information that was disclosed or obtained under the provisions of
this Act or under Division 7 of Part V of the Australian Federal Police Act 1979.

Privacy Act 1988 – Australian Privacy Principles
See Privacy Fact Sheet 17 (copy attached to 12. APP5 – Privacy statement for employees).
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DOCUMENT 23
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DOCUMENT 24
Security Clearance Privacy Statement and Informed Consent Form
Privacy Statement
Your personal information is being collected to assess your ongoing suitability to hold and maintain
a security clearance and to access Australian Government official resources. Australian Government
official resources include people, information and assets.
Personal information, including sensitive information, may be collected from and disclosed to any
entity or person listed in the Privacy Statement to assess your ongoing suitability to hold and
maintain a security clearance.
Without your personal information, your suitability to hold a security clearance cannot be assessed.
The inability to obtain a security clearance may have an adverse effect on your employment, where
it is a condition of engagement to hold and maintain a security clearance.
Where you are simultaneously engaged by more than one agency, each agency will have access to
your personal information, including sensitive information. The security clearance assessment,
involves a series of assessments and background checks to determine if you are a suitable person to
access security classified information, and other Australian Government official resources.
It is your responsibility to provide accurate information and continue to update your personal
information by advising the Office of the Commonwealth Ombudsman’s security area and the
Australian Government Security Vetting Agency (AGSVA) of any changes in circumstances (relevant
form can be found here).
The security clearance process is intrusive by its nature. However, your privacy and dignity will be
respected. If you have any enquiries relating to the Privacy Act 1988 (Cth), or how your information
will be collected, used or disclosed, please email Hamish Millikan, Director HR
(xxxxxx.xxxxxxxx@xxxxxxxxx.xxx.xx) or call (02) 6276 0170.
The Office of the Commonwealth Ombudsman’s privacy policy can be found here.
The privacy policy contains information on how:
 to access and seek correction of your personal information held by the Office of the
Commonwealth Ombudsman;
 to make a complaint about a breach of the Australian Privacy Principles by the Office of the
Commonwealth Ombudsman; and
 the Office of the Commonwealth Ombudsman will deal with such a complaint.
The Office of the Commonwealth Ombudsman recognises and respects your privacy and is
committed to the Australian Privacy Principles set out in the Privacy Act 1988 (Cth). The collection
and use of your personal information is required in accordance with the Australian Government’s
Protective Security Policy Framework.
By signing the consent form contained in this security clearance pack, you consent to the collection,
use and disclosure of your personal information as described below and for your Personnel Security
File (PSF) to be transferred to AGSVA and to be shared with the Office of the Commonwealth
Ombudsman and any future sponsoring agency.
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How your information will be collected
During the security clearance assessment process and while you continue to hold an Australian
Government security clearance, we may collect personal information, including sensitive
information, from:
  your current and previous or future private and Government employers. If you do not
consent to your current employer being contacted, please notify AGSVA with the reasons
for the denial of consent;
  your referees (both nominated by you and not nominated by you);
  third parties relevant to assessing and monitoring your ongoing suitability to hold and
maintain a security clearance;
  your Personnel Security File (if applicable) from the relevant Commonwealth, State or
Territory Agency in relation to any existing or previous security clearances held by you;
  other service providers, such as contracted vetting providers, and medical or psychological
practitioners, used during the clearance process;
  financial institutions and financial checking agencies;
  agencies to confirm residential addresses;
  the Department of Immigration and Border Protection and the Department of Foreign
Affairs and Trade to check any naturalisation and/or citizenship documents and
international movements;
  medical professionals to clarify any medical conditions, with your consent;
  State and Territory Registries of Births, Deaths and Marriages;
  you directly;
  the Government agency which has sponsored your clearance;
  Government agencies which have investigated any suspected breaches of law or Australian
government policy;
  the Australian Federal Police (AFP) and state and territory law enforcement agencies;
  the Australian Security Intelligence Organisation (ASIO); and
  educational institutions in relation to education documentation.

Disclosure of your information
During the security clearance assessment process and while you continue to hold an Australian
Government security clearance, we may disclose your personal information, including sensitive
information with:
  you directly;
  the Government agency that has sponsored this clearance and any previous Government
agencies which have employed you or engaged you as a contractor, and any future
sponsoring or interested vetting agencies;
  financial institutions and financial checking agencies; and
  your previous and current and or future private and/or Government employers, including
any employers that you worked for as a contractor. If you do not consent to your current
employer being contacted, please notify AGSVA with the reasons for the denial of consent;
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  your referees (both nominated by you and not nominated by you);
  third parties relevant to assessing and monitoring your ongoing suitability to hold and
maintain a security clearance;
  your Personnel Security File (if applicable) from the relevant Commonwealth, State or
Territory Agency in relation to any existing or previous security clearances held by you;
  other service providers, such as contracted vetting providers, and medical or psychological
practitioners, used during the clearance process;
  agencies to confirm residential addresses;
  the Department of Immigration and Border Protection and the Department of Foreign
Affairs and Trade to check any naturalisation and/or citizenship documents and
international movements;
  medical professionals to clarify any medical conditions, with your consent;
  State and Territory Registries of Births, Deaths and Marriages;
  Government agencies which have investigated any suspected breaches of law or Australian
government policy;
  AFP and state and territory law enforcement agencies;
  ASIO; and
  educational institutions in relation to education documentation.
Limited amounts of your personal information may also be disclosed to overseas recipients if you
are required to access foreign government resources. The information that may be disclosed
includes your clearance status, your full name and date of birth, and your position.
The Office of the Commonwealth Ombudsman will not use or disclose your personal information
that is collected for the purpose of assessing your ongoing suitability to hold and maintain a
security clearance, to any other person or organisation, other than those listed above, unless:
  it would be reasonably expected by you that such a disclosure would occur, in relation to
your security clearance;
  disclosure is required or authorised by or under Australian law or a court/tribunal order;
  a permitted general situation exists in relation to the use or disclosure of the information,
as defined in section 16A of the Privacy Act 1988 (Cth); or
  the use or disclosure of the information is reasonably necessary for one or more
enforcement related activities conducted by, or on behalf of, an enforcement body.
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DOCUMENT 33
s 22
Subject:
FW: Ombudsman ad now in objective [SEC=OFFICIAL]
Attachments:
ObjRef.obr
OFFICIAL
-----Original Message-----
From: Carmen s 47F
@ombudsman.gov.au>
Sent: Friday, 25 March 2022 1:05 PM
To: Jody s 47F
@ombudsman.gov.au>; Belinda s 47F
@ombudsman.gov.au>
Subject: Ombudsman ad now in objec ve [SEC=OFFICIAL]
OFFICIAL
Carmens 47F
has sent you links to the following 2 documents from Objec ve:
"Commonwealth Ombudsman appointment 2021 - Advert - ﬁnal" (A2240044) "Commonwealth Ombudsman
appointment 2021 - Candidate informa on pack" (A2240043)
Open in Navigator
Double click on the a achment
Open in ECM for Browser
Commonwealth Ombudsman appointment 2021 - Advert - ﬁnal
h ps://objec ve.ombudsman.gov.au:8443/#/documents/A2240044/details
Commonwealth Ombudsman appointment 2021 - Candidate informa on pack
h ps://objec ve.ombudsman.gov.au:8443/#/documents/A2240043/details
Open in Your Browser
Commonwealth Ombudsman appointment 2021 - Advert - ﬁnal
Latest:  h ps://objec ve.ombudsman.gov.au/id:A2240044/document/versions/latest
Published:
h ps://objec ve.ombudsman.gov.au/id:A2240044/document/versions/published
Commonwealth Ombudsman appointment 2021 - Candidate informa on pack
Latest:  h ps://objec ve.ombudsman.gov.au/id:A2240043/document/versions/latest
Published:
h ps://objec ve.ombudsman.gov.au/id:A2240043/document/versions/published
1
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DOCUMENT 35
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