Selection criteria and funding
Dear Australian Human Rights Commission,
Under the FOI Act, I seek copies of any documents or correspondence held by the AHRC which include any of the following three excerpts, or material which is substantially similar to any of the following three excerpts. I seek only documents that are dated 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."
To avoid doubt, I do not seek personal information of any person below SES level. However, if email addresses or names are redacted, I ask that the domain name be included in any documents released.
I also ask that in your reasons for decision, you set out the searches done, including any searches of emails held on an AHRC server.
Yours faithfully,
A Q-S
Good morning,
The Australian Human Rights Commission has begun processing your request under the Freedom of Information Act 1982 (Cth) (FOI Act).
You requested access to 'copies of any documents or correspondence held by the AHRC which include any of the following three excerpts, or material which is substantially similar to any of the following three excerpts', dated 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 note that you do not seek personal information of any person below SES level but ask that the domain name be included in any documents released.
Under the FOI Act, the Commission has until 5 October 2023 to make a decision in relation to your request.
If your request covers documents which contain the personal information of third parties and the Commission is required under the FOI Act to consult with the person or organisation concerned before making a decision on the release of those documents, the processing period will be extended a further 30 days. An FOI officer from the Commission will advise you if third party consultation is required.
Please feel free to contact me should you have any questions relating to your request for documents.
Kind regards,
Peter (he/him)
Paralegal & Legal Research Officer
Australian Human Rights Commission
Dear A Q-S
I refer to your request under the Freedom of Information Act 1982 (Cth)
(FOI Act) received by the Australian Human Rights Commission (the
Commission) on 5 September 2023.
I am the relevant FOI officer for the Commission in this matter. The
Commission is required to make a decision on your FOI request by Thursday
5 October 2023.
Request for extension
Owing to the type of request, the number of documents to be reviewed,
personnel being on leave and the upcoming public holiday, we seek your
agreement to extend the time for the Commission to deal with the FOI
request to Thursday 19 October 2023. Could you please indicate whether you
are agreeable to the extension (being an additional 2 weeks until 19
October 2023)?
Under s 15AA of the Freedom of Information Act 1982 (Cth), the period to
deal with a request can be extended by up to 30 days, if agreed by the
applicant and the Information Commissioner is subsequently notified of
that agreement.
Scope of FOI request
In addition, could you please confirm whether:
1. you seek only final versions of documents or whether you also seek
copies of ‘working versions’ of documents (which contain mark-ups
and/or comments) that fall within the scope of your request
2. you are agreeable for the redaction of names and contact details of
individuals who do not work in the Australian Public Service (being
similar to your position on redactions for staff details who are below
the SES level).
Please contact me on 02 9284 9726 or by email if you would like to discuss
further.
Kind regards,
Jessica Tran
Senior Lawyer
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9726
E [1][email address] W [2]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3]The Australian Human Rights Commission logo, a blue globe on a white
background. Text reads Australian Human Rights Commission. Everyone,
everywhere, everyday.
We acknowledge the traditional custodians of this land, the Gadigal
peoples of the Eora Nation, and pay our respects to their Elders, past,
present and future.
Dear A Q-S
I confirm that the Commission continues to progress your FOI request.
The Commission is presently undertaking third-party consultation in
relation to the documents. As a result, the timeframe for the Commission
to make a decision on the FOI request is extended by a period of 30 days
to Monday 6 November 2023 (s 15(6) of the FOI Act).
Please contact me should you wish to discuss.
Kind regards,
Jessica Tran
Senior Lawyer
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9726
E [1][email address] W [2]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3]The Australian Human Rights Commission logo, a blue globe on a white
background. Text reads Australian Human Rights Commission. Everyone,
everywhere, everyday.
We acknowledge the traditional custodians of this land, the Gadigal
peoples of the Eora Nation, and pay our respects to their Elders, past,
present and future.
From: Jessica Tran
Sent: Friday, September 29, 2023 4:43 PM
To: [FOI #10664 email]
Subject: Freedom of Information request - Selection criteria and funding
[SEC=OFFICIAL:Sensitive]
Dear A Q-S
I refer to your request under the Freedom of Information Act 1982 (Cth)
(FOI Act) received by the Australian Human Rights Commission (the
Commission) on 5 September 2023.
I am the relevant FOI officer for the Commission in this matter. The
Commission is required to make a decision on your FOI request by Thursday
5 October 2023.
Request for extension
Owing to the type of request, the number of documents to be reviewed,
personnel being on leave and the upcoming public holiday, we seek your
agreement to extend the time for the Commission to deal with the FOI
request to Thursday 19 October 2023. Could you please indicate whether you
are agreeable to the extension (being an additional 2 weeks until 19
October 2023)?
Under s 15AA of the Freedom of Information Act 1982 (Cth), the period to
deal with a request can be extended by up to 30 days, if agreed by the
applicant and the Information Commissioner is subsequently notified of
that agreement.
Scope of FOI request
In addition, could you please confirm whether:
1. you seek only final versions of documents or whether you also seek
copies of ‘working versions’ of documents (which contain mark-ups
and/or comments) that fall within the scope of your request
2. you are agreeable for the redaction of names and contact details of
individuals who do not work in the Australian Public Service (being
similar to your position on redactions for staff details who are below
the SES level).
Please contact me on 02 9284 9726 or by email if you would like to discuss
further.
Kind regards,
Jessica Tran
Senior Lawyer
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9726
E [4][email address] W [5]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[6]The Australian Human Rights Commission logo, a blue globe on a white
background. Text reads Australian Human Rights Commission. Everyone,
everywhere, everyday.
We acknowledge the traditional custodians of this land, the Gadigal
peoples of the Eora Nation, and pay our respects to their Elders, past,
present and future.
Dear Jessica Tran,
Thank you for confirming you are still progressing the request. In response to your query - I agree to redactions of names of officers below SES level.
However, given the nature of the request, I would be grateful if you could include 'working versions' of documents.
Yours sincerely,
A Q-S
Thank you for your email. I am on leave and returning on 12 October 2023.
If your matter is urgent, please contact Julie O'Brien at
[email address].
Dear Australian Human Rights Commission,
Could you please provide an update on this request?
Yours faithfully,
A Q-S
Dear Ms Tran,
Could you please respond outlining the status of this request, which is now overdue?
I acknowledge that you previously sought an extension of time to 19 October. I acknowledge that I did not expressly agree to that revised deadline, which was inadvertent - I responded to other parts of the relevant email that contained the request for an extension, but accidentally omitted the sentence saying I agreed.
Regardless, the decision is now overdue. I would be grateful if you could update me on the status of the request, and also provide a decision as soon as possible.
Yours faithfully,
A Q-S
Dear A Q-S
Thank you for your email below.
As consultation was required to be undertaken in relation to your FOI request, the timeframe to make a decision on the request was extended to Monday 6 November 2023 (under (s 15(6) of the FOI Act)). I refer to our earlier email correspondence on 5 and 6 October 2023 regarding that extension.
The Commission is on track to provide you with a decision by that date.
Kind regards,
Jessica Tran
Senior Lawyer
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9726
E [email address] W humanrights.gov.au
Human rights: everyone, everywhere, everyday
We acknowledge the traditional custodians of this land, the Gadigal peoples of the Eora Nation, and pay our respects to their Elders, past, present and future.
Dear Jessica,
Thanks for your response - I must have missed the email of 5 October which advised of the revised deadline. I look forward to seeing the decision later today.
Yours sincerely,
A Q-S
Dear A Q-S
I refer to your FOI request dated 5 September 2023.
Please find attached a notice of decision, schedule and bundle of
documents in response to your request.
Kind regards,
Jessica Tran
Senior Lawyer
Australian Human Rights Commission
GPO Box 5218, Sydney NSW 2001
T +61 2 9284 9726
E [1][email address] W [2]humanrights.gov.au
Human rights: everyone, everywhere, everyday
[3]The Australian Human Rights Commission logo, a blue globe on a white
background. Text reads Australian Human Rights Commission. Everyone,
everywhere, everyday.
We acknowledge the traditional custodians of this land, the Gadigal
peoples of the Eora Nation, and pay our respects to their Elders, past,
present and future.
References
Visible links
1. mailto:[email address]
2. http://humanrights.gov.au/