Documents relating to the appointment processes and funding for AHRC
Dear Attorney-General,
I seek copies of any documents or correspondence held currently held in your office which include any of the following three excerpts, or material which is substantially similar to any of the following three excerpts', and which were created or received prior to 14 March 2022.
Excerpt one:
"...some merit-based criteria are provided in the relevant enabling laws, and that the process for the assessment of candidates is specified in the 'Government's Merit and Transparency Policy' of the Australian Public Service Commission (APSC). The APSC policy includes requirements to advertise vacancies, provide detailed selection criteria, and assess candidates by a panel that includes an APSC representative, whose role is to ensure that the process is in accordance with the policy. On the completion of the assessment process, the panel determines a pool of suitable candidates and provides a report to the APSC Commissioner for endorsement and transmission to the Attorney-General. Subsequently, the Attorney-General seeks the Prime Minister's approval for the appointment of the candidate by the Governor-General as AHRC President or Commissioner."
Excerpt two:
"...the APSC policy provides for circumstances where the Attorney-General may consider that a full selection process is not required. This includes where there is an urgent requirement to fill a position, as was the case for the Disability Discrimination Commissioner in 2019. It is also relevant in relation to the availability of an eminent person 'where there would be little value in conducting a selection process', as was the case for the Human Rights Commissioner in 2021."
Excerpt three:
"The appointment of two Commissioners without additional funding being provided (in particular, funding was removed for the Disability Discrimination Commissioner in 2014, and was not restored when appointments to this role were made in 2016 and 2019; funding was not provided when the Human Rights Commissioner was appointed in 2016, and is yet to be confirmed following the appointment of a Human Rights Commissioner in 2021);
- A sustained increase in complaints of discrimination and human rights violations without dedicated additional funding;
- A substantial increase in complaints during the COVID-19 pandemic, with no additional funding support; and
- No general increase in the AHRC overall budget, requiring increased property and staffing costs to be met through the existing appropriation."
I do not seek personal information of any person below the level of chief of staff but ask that, if any relevant documents are emails, the domain name of the email address be included in any documents released.
Yours faithfully,
A Q-S
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OFFICIAL
Dear Applicant
Acknowledgement of receipt of FOI Request: AGOFOI23/476 - Attorney-General
On 6 September 2023 2023 you made a request for access to documents under
the Freedom of Information Act 1982 (the FOI Act) to the Attorney-General,
the Hon Mark Dreyfus KC MP.
Correspondence for your request will be managed by the Attorney-General's
Department Freedom of Information and Privacy Section (department) under
administrative support arrangements with the Office of the
Attorney-General (office).
Your request is for:
copies of any documents or correspondence held currently held in your
office which include any of the following three excerpts, or material
which is substantially similar to any of the following three excerpts, and
which were created or received prior to 14 March 2022.
Excerpt one:
"...some merit-based criteria are provided in the relevant enabling laws,
and that the process for the assessment of candidates is specified in the
'Government's Merit and Transparency Policy' of the Australian Public
Service Commission (APSC). The APSC policy includes requirements to
advertise vacancies, provide detailed selection criteria, and assess
candidates by a panel that includes an APSC representative, whose role is
to ensure that the process is in accordance with the policy. On the
completion of the assessment process, the panel determines a pool of
suitable candidates and provides a report to the APSC Commissioner for
endorsement and transmission to the Attorney-General. Subsequently, the
Attorney-General seeks the Prime Minister's approval for the appointment
of the candidate by the Governor-General as AHRC President or
Commissioner."
Excerpt two:
"...the APSC policy provides for circumstances where the Attorney-General
may consider that a full selection process is not required. This includes
where there is an urgent requirement to fill a position, as was the case
for the Disability Discrimination Commissioner in 2019. It is also
relevant in relation to the availability of an eminent person 'where there
would be little value in conducting a selection process', as was the case
for the Human Rights Commissioner in 2021."
Excerpt three:
"The appointment of two Commissioners without additional funding being
provided (in particular, funding was removed for the Disability
Discrimination Commissioner in 2014, and was not restored when
appointments to this role were made in 2016 and 2019; funding was not
provided when the Human Rights Commissioner was appointed in 2016, and is
yet to be confirmed following the appointment of a Human Rights
Commissioner in 2021);
- A sustained increase in complaints of discrimination and human rights
violations without dedicated additional funding;
- A substantial increase in complaints during the COVID-19 pandemic, with
no additional funding support; and
- No general increase in the AHRC overall budget, requiring increased
property and staffing costs to be met through the existing appropriation."
If you disagree with this interpretation of your request, please let the
department know in writing as soon as possible.
Your request was received on 6 September 2023 and the 30 day statutory
period for processing your request commenced from the day after that date.
You should therefore expect a decision by 6 October 2023. However, the
period of 30 days may be extended if the office needs to consult third
parties or for other reasons. The department will advise you if this
happens.
To facilitate the processing of this request, personal information of
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information is not publicly known or routinely disclosed (e.g. names of
junior officers and contact information) will not be disclosed. The names
of senior officers will generally be disclosed. In addition, duplicates
and incomplete email chains, internal administrative email addresses and
metadata within the scope of the FOI request will be excluded.
Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published online on the
department's disclosure log
[1]http://www.ag.gov.au/RightsAndProtection....
I am the case officer for this request to the Attorney-General, if you
have any questions, please contact me by telephone on (02) 6141 6666 or by
email to [2][email address]
Joanna
Freedom of Information and Privacy | Strategy and Governance Branch
Attorney-General’s Department
T: 02 6141 6666 | E: [3][email address]
For information on how to make an FOI Request see
[4]https://www.ag.gov.au/rights-and-protect...
OFFICIAL
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OFFICIAL
Dear Applicant
Freedom of Information Request AGOFOI23/476 - Attorney-General
The purpose of this email is to provide a decision for your request for
access to documents under the Freedom of Information Act 1982 (the FOI
Act) which you submitted to the Attorney-General.
This email is sent by the Attorney-General's Department Freedom of
Information and Privacy Section under administrative support arrangements
with the Office of the Attorney-General.
Please find attached your decision letter, including your review rights.
If you have any questions, please contact the Freedom of Information and
Privacy Section by telephone on (02) 6141 6666 or by email to
[1][email address]
Joanna
Freedom of Information and Privacy | Strategy and Governance Branch
Attorney-General’s Department
T: 02 6141 6666 | E: [2][email address]
For information on how to make an FOI Request see
[3]https://www.ag.gov.au/rights-and-protect...
OFFICIAL
The Attorney-General’s Department may collect your personal information
where it is reasonably necessary for, or directly related to, our
functions, including those under the Freedom of Information Act 1982 (FOI
Act) and the Privacy Act 1988. We may collect your name, email address and
telephone number so that we can contact you about your request or privacy
complaint. If your request concerns accessing or correcting your personal
information, we will collect the minimum amount of evidence necessary to
verify your identity. We hold personal information in accordance with the
Privacy Act and our privacy policy. If you have an enquiry or complaint
about your privacy, please contact the Privacy Officer on 02 6141 6666 or
via e-mail [email address].
If you have received this email in error, please notify us immediately by
return email and delete all copies. If this email or any attachments have
been sent to you in error, that error does not constitute waiver of any
confidentiality, privilege or copyright in respect of information in the
email or attachments.
References
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1. mailto:[email address]
2. mailto:[email address]
3. https://www.ag.gov.au/rights-and-protect...