Senior Lawyer

The Legal Services Branch, led by the Chief Counsel, provides the full scope of legal services relevant to the Aged Care Quality and Safety Commissioner’s (the Commissioner) and Complaints Commissioner’s functions, principally in relation to the interpretation and application of the legislation that currently regulates aged care providers, being the Aged Care Act 2024 and Aged Care Rules 202 (the aged care scheme). These legal services include, but are not limited to, advising on the Commissioner’s and Complaints Commissioner’s regulatory activities, advising on matters of administrative law, commercial law, information law and employment law, managing the Commission’s involvement in litigation in relevant courts and tribunals and facilitating the Commission’s engagement with external legal services providers.

The Legal Services Branch works closely with policy and operational units, particularly to support defensible decision making and the implementation of the Commission’s regulatory framework. This includes supporting Commission staff with training programs, where necessary.

The FOI, Privacy and Information Section in the Legal Services Branch is separately responsible for co-ordinating FOI requests and advising on privacy matters, as well as overseeing and promoting FOI and privacy awareness and compliance across the Commission.

Key Accountabilities

• Under limited supervision, provide legal advice and other legal services of a more complex nature in relation to the performance of the Commissioner’s and Complaints Commissioner’s functions under the aged care scheme, employment law matters, and commercial and corporate law matters.
• Arrange for the procurement of legal services from external legal providers in accordance with the Legal Services Directions 2017 and other requirements.
• In conjunction with external legal providers, manage the conduct of litigation and other formal dispute or workplace investigation processes.
• Prepare training materials and deliver training to Commission staff to increase legal literacy, promote awareness of legal risks, and improve the quality of decision-making.
• Assist the leadership team of the Legal Services Branch (Chief Counsel and Principal Lawyers) by contributing to and advancing strategic initiatives to support the effective operation of the Legal Services Branch, and providing training and support to junior and new staff in the Legal Services Branch with the view to building capability.
• Lead and manage other legal staff in the Legal Services Branch (up to a Legal 1 – APS 6 classification level), if required

Key Capabilities and Eligibility Requirements:

• Be admitted as a legal practitioner (however described) of the Supreme Court of an Australian State or Territory. Be eligible to hold and maintain a practising certificate in the jurisdiction in which they practise.
• Minimum three years post-admission legal experience.
• Eligibility to hold and maintain a baseline security clearance.
• Established knowledge of areas of law relevant to the Commissioner’s and Complaints Commissioner’s functions, including but not limited to administrative law and statutory interpretation.
• Established knowledge of, or an ability and willingness to quickly develop a knowledge of:
• areas of law relevant to the Commission as an employer within the Australian Public Service, including but not limited to the Fair Work Act 2009 and Work Health and Safety Act 2011; and
• commercial and corporate law, including but not limited to the Public Governance, Performance and Accountability Act 2013 and Commonwealth Procurement Rules.
• Strong written (including legal writing) and oral communication skills, legal research skills and attention.
• Demonstrated ability to set priorities, meet short deadlines and work effectively under pressure.
• Demonstrated ability to work effectively and collaboratively with legal and other Commission staff.

Key Relationships:

Internal:

Business area Directors and Assistant Directors (EL2 and EL1); other Commission staff; the Legal Services Branch.

External:

Department of Health, Disability and Ageing and associated portfolio agencies; Attorney General’s Department; Office of Legal Services Coordination and other associated agencies depending on advice required; Commonwealth Legal Panel firms.

ILS Capabilities

The APS ILS Framework applies to this position (refer to the EL1 Capability Summary link).

Position Notes:

• Salary offered will be between $127,956 - $151,738 per annum depending on skills and experience. In addition, 15.4% superannuation will be paid.
• Only candidates who hold Australian citizenship can apply. Appointment is conditional on successfully completing a national police check. For more information, please visit www.apsc.gov.au/citizenship-aps
• The Commission intends to fill ongoing vacancies through this recruitment process. Should non-ongoing opportunities arise, they may be offered for an irregular/intermittent term and for periods up to 12 months with the option to extend to a total of 24 months.
• Merit Pool established through this selection process may be used to fill this or future ongoing or non-ongoing vacancies.

Diversity and Inclusion

The Commission is committed to fostering a workplace with flexible work arrangements to support a diverse, respectful and inclusive culture for all staff.

The Commission recognises the richness of Aboriginal and Torres Strait Islander cultures and is committed to the implementation of our Reconciliation Action Plan.The Commission values the unique knowledge and experience of Aboriginal and Torres Strait Islander employees which strengthens and supports our focus on protecting and enhancing the safety, health, wellbeing and quality of life of aged care consumers.

RecruitAbility

RecruitAbility applies to this vacancy. Under RecruitAbility you will be invited to participate in further assessment activity for the vacancy if you choose to apply under RecruitAbility; declare you have a disability; and meet the minimum requirements for the position. For more information, visit https://www.apsc.gov.au/recruitability.

We provide reasonable adjustments such as access, equipment or other practical support at relevant stages of the recruitment process. Please email recruitment@agedcarequality.gov.au if you need any adjustments made.

Further information:

For further information about the Quality Commission, office locations and other related resources, please visit https://www.agedcarequality.gov.au

For more information on the Australian Public Service, please visit

http://www.apsc.gov.au/publications-and-media/current-publications/cracking-the-code/factsheet-4 and http://www.apsc.gov.au/publications-and-media/current-publications/cracking-the-code.

#J-18808-Ljbffr