Our ref: 2021-104592
PID ref: PID-2020-400006
15 December 2022
Australian Public Service Commission
by email: xxx@xxxx.xxx.xx
Dear Australian Public Service Commission
Finalisation of investigation of a complaint about the APSC’s handling of a disclosure
Thank you for the Australian Public Service Commission’s (APSC) assistance with our investigation of
a complaint about its handling of a disclosure under the
Public Interest Disclosure Act 2013 (PID Act)
concerning recruitment practices of the Federal Court of Australia (Federal Court).
Our investigation is now finalised, and we consider it appropriate to provide comments and
suggestions to the APSC under s 12(4) of the
Ombudsman Act 1976.
Background
s.47E
The PID was investigated by s47E and s47F
. In this letter we refer to
s47E
as the Investigator.
Our investigation focused on whether:
• there were deficiencies in the PID investigation process, including the investigation report
• the report findings were, in the circumstances, open to the investigator to make
• further steps are required to address any deficiencies in the PID investigation and report
and/or improve the APSC’s handling of PIDs in future.
Investigation findings
Broadly, it is our view that:
• s47E and s47F
• s47E
1
• the APSC should take steps to improve its handling of similar matters in future s47E
and
Comments
s47E and s47F
. Each of these topics is discussed below.
1. Record keeping
s47E and s47F
. s47E and s47F
s47E and s47F
s47
E
an
d
s47E and s47F
Additionally, as our Agency Guide to the PID Act (the Agency Guide) notes, “the formality of the
investigation should be commensurate with the seriousness and nature of the alleged disclosable
conduct and the importance of the evidence. The investigator’s records should contain sufficient
detail appropriate to the nature of the investigation.” s47E and s47F
s47E and s47F
s47E and s47F
2
We acknowledge the APSC’s advice that, since April 2022, all new PID matters are recorded in its
new Matter Management System called LEX. As we understand it, this system should improve the
APSC’s ability to track and maintain records of disclosures made to the agency and investigations it
undertakes.
2. PID Investigation
What steps are required for a PID to be properly or adequately investigated, and thereby meet one
of the principal objects of the PID Act, will largely depend on the nature of the PID. This is because,
apart from a few specific requirements,1 a PID investigation is conducted as the relevant officer sees
fit.
Our Agency Guide, at 2.7.7.1, contains a list of reasons why an investigation may be considered
inadequate. There is necessarily some subjectivity involved in assessing whether a PID investigation
was adequate. In cases where there are fewer, or more minor deficiencies identified, we may not
consider the deficiencies sufficient to conclude the investigation was not adequate.
s47E and s47F
s47E and s47F
s47E and s47F
s47E and
s47F
s47E and s47F
1 Specific requirements including: 1. procedural requirements when investigating a possible breach of the APS
Code of Conduct or Parliamentary Service, 2. standard of proof is the balance of probabilities, 3. any evidence
relied on is relevant (per the PID Standard).
3
s47E and s47F
1. s47E and s47F
s47E and s47F
s.47E
s47E and s47F
2. s47E and s47F
s47E and s47F
s.47E
s.47E
s.47F, s 47E
s. 47E
s.47E
s.47E
s.47E
4
3. s47E and s47F
s.47F, s 47E
s.47F, 47E
s.47E
s.47E
4. s47E
s.47F, 47E
s.47F, s 47E
5. s47E and s47F
s47E and 47F
s.47F, s 47E
5
s.47E
s.47E
6. s47E and s47F
s.47E
s.47E
s.47E, 47F
s.47E
7. s47E and s47F
s.47E
6
s47E
3. s47E
4. s.47E
s47E and s47F
While we have decided to finalise this investigation, you should be aware that we offer the
complainant an opportunity to seek an internal review of this decision. Should this occur and we
reach a different conclusion about this complaint, we may contact you again.
If you have any questions or require any further information, please contact me on s.47F
or
by email to: xxx@xxxxxxxxx.xxx.xx.
Yours sincerely
s.47F
(
by electronic signature)
Director
Public Interest Disclosure Team
Office of the Commonwealth Ombudsman
Influencing systemic improvement in public administration
