FAIRNESS FEELS GOOD

Make a real impact at AFCA. Where fairness drives every decision. Help us deliver world-class, independent complaints resolution for Australians. As a not-for-profit and progressive financial ombudsman, we’re championing positive change. Achieving our purpose takes progressive thinking, accountability and resilience. At AFCA, our inclusive leadership values every voice. We offer our people flexible work options, thoughtful benefits and opportunities to deepen expertise. Flourish in a diverse, caring culture. Feel the difference of belonging to an organisation intentionally designed to put people first.
Job Description
This is a unique opportunity to demonstrate your technical legal skills as a Legal Counsel specializing in Banking and Finance (B&F). In this role you will be a part of AFCA’s inhouse Legal team and will provide the Ombudsman and AFCA case management staff with specialist B&F legal expertise and complaint resolution advice. You will also ensure that our legal obligations are met, and legal risks managed, to ensure the protection of our interests and reputation.

Key accountabilities will include:

• Provide trusted and timely legal advisor support and advice to the Banking & Finance Lead Ombudsmen, Decision Makers, Dispute Resolution Specialists and Rules Specialists
• Manage and resolve litigation risk with a focus on managing reputational risk
• Proactively manage legal risk by anticipating issues, identifying opportunities and proposing solutions
• Proactively monitor and communicate changes in laws and regulations impacting upon AFCA’s obligations
• Understand and comply with all applicable company policies, procedures, systems, approach and guidance documents, legislation and AFCA Rules and Operational Guidelines
• Engage with stakeholders to ensure their legal needs are being met
• Other duties as appropriate

Qualifications

To be successful in this role, you’ll come equipped with:

• Significant legal experience and qualifications in B&F law, with a minimum of 5 years PQE
• Experience in and knowledge of:
• The banker-customer relationship
• Scams and the Scams Prevention Framework
• ePayments Code
• contract law, including unfair contract terms
• lending (small business and consumer), including consumer credit, buy now pay later, reviewing loan agreements, advising on events of default, statute barred debts, enforcement of securities
• relevant banking codes including the Banking Code of Practice
• corporate and financial services regulation (ASIC Act, Corporations Act, ASIC Regulatory Guides)
• insolvency
• banking-related privacy issues
• Substituted decision making
• Deceased estates
• AML/CTF Act
• The ability to analyse, understand and explain complex legal documents and the ability to draft detailed, logical and well explained comprehensive advice
• The ability to make accountable and logical decisions, including demonstrated skills in analyzing and investigation issues and developing and negotiating solutions
• Strong interpersonal and excellent oral and written communication skills
• Self-motivated, resourceful with the ability to work both autonomously and as part of a team

• Significant legal experience and qualifications in B&F law, with a minimum of 5 years PQE
• Experience in and knowledge of:
• The banker-customer relationship
• Scams and the Scams Prevention Framework
• ePayments Code
• contract law, including unfair contract terms
• lending (small business and consumer), including consumer credit, buy now pay later, reviewing loan agreements, advising on events of default, statute barred debts, enforcement of securities
• relevant banking codes including the Banking Code of Practice
• corporate and financial services regulation (ASIC Act, Corporations Act, ASIC Regulatory Guides)
• insolvency
• banking-related privacy issues
• Substituted decision making
• Deceased estates
• AML/CTF Act
• The ability to analyse, understand and explain complex legal documents and the ability to draft detailed, logical and well explained comprehensive advice
• The ability to make accountable and logical decisions, including demonstrated skills in analyzing and investigation issues and developing and negotiating solutions
• Strong interpersonal and excellent oral and written communication skills
• Self-motivated, resourceful with the ability to work both autonomously and as part of a tea