Commonwealth public officials
Dear Australian Government Solicitor,
1. A recent inquiry to another agency found that State, Territory, and local government (agencies and their staff) officials are not Commonwealth public officials. Is that correct?
2. Can Australian Government Solicitors please point me to the definition of Commonwealth public officials, and can you provide a register of agencies where some or all employees are Commonwealth public officials?
3. If State, Territory, or local government (agencies and their staff) officials are not Commonwealth public officials, what is their position's correct description?
3. Is the Public Governance, Performance and Accountability Act 2013, s11 part of determining the above?
Yours faithfully,
Jillian,
Conditionally without waiver of any rights under the non-corporate Commonwealth
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OFFICIAL
Dear Jillian
Thank you for your request to the Australian Government Solicitor and received by the Attorney-General's Department (the department) Freedom of Information (FOI) team on 1 August 2024.
Unfortunately, your request poses a series of questions seeking statutory interpretation or legal advice, as opposed to requesting documents held by the department. As advised previously, the FOI team is unable to provide statutory interpretation and legal advice.
If you wish to revise your request to seek access documents held by the department, you are welcome to do so. We are unable to take any further action on your request as written.
Kind regards
Freedom of Information & Privacy
Attorney-General’s Department
Phone: (02) 6141 6666 | Email: [AGS request email]
OFFICIAL
Dear AGD FOI Requests,
As I am not sure which documents provide the information I seek, under the Harradine principles:
1. I seek the document or instrument that provides the definition of a Commonwealth public official.
2. I seek a document, instrument, register or list that defines government agencies that employ Commonwealth public officials.
3. I seek a document or instrument that defines the role of State, Territory, or local government (agencies and their staff) officials. ie Are they defined as public servants, Commonwealth public officials, public officers etc. There must be a definition in a document somewhere.
One would expect full transparency with such an inquiry. The information sought is not sensitive but in the public interest and I would appreciate cooperation.
Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.
OFFICIAL
Dear Jillian
Thank you for your response.
In order to assist you, we have identified the following publicly available resources which appear to match the documents you are requesting:
1. The Criminal Code Act 1995 defines 'Commonwealth public official' in the Dictionary at the end of Volume 2. This legislation can be accessed here: https://www.legislation.gov.au/C2004A048...
2. A list of all Commonwealth entities and companies can be found on the Australian Government Directory here: https://www.directory.gov.au/commonwealt...
3. This department does not define the role of non-Commonwealth public officials. Requests of this nature are better directed to the non-Commonwealth government agency that you have an interest in.
For example, the ACT Integrity Commission website provides its definition of a public official as "any person who performs an official function for the ACT, or acts in an official capacity for the Territory. Public sector entities includes the Legislative Assembly for the ACT, the ACT public service, and other ACT public organisations and statutory commissions." You may wish to visit the ACT Integrity Commission's website here: https://www.integrity.act.gov.au/reporti....
It is likely that other State, Territory and local governments publish equivalent definitions in their respective jurisdictions but it is not within our remit to undertake this further research for you.
We trust that this information assists you.
Kind regards,
Freedom of Information & Privacy
Attorney-General's Department
Phone: (02) 6141 6666 | Email: [AGS request email]
OFFICIAL
Dear AGD FOI Requests,
Thank you, partially helpful and much appreciated.
"3. This department does not define the role of non-Commonwealth public officials. Requests of this nature are better directed to the non-Commonwealth government agency that you have an interest in."
The directory provided doesnt distinguish (that I could tell) between Commonwealth and "non-Commonwealth" government agencies. Is there a document or directory that lists these separately?
Jillian,
Respectfully, without waiver of inherent rights under the Commonwealth of Australia, established 1900.
OFFICIAL
Dear Jillian
We are unable to assist you further with your inquiries.
You are welcome to submit a new FOI request for documents held by the Attorney-General's Department.
Kind regards,
Freedom of Information & Privacy
Attorney-General’s Department
Phone: (02) 6141 6666 | Email: [AGS request email]
OFFICIAL