Senior Lawyer, Legal Services

at  Aged Care Quality and Safety Commission

Legal 1 - EL1
$119,219 - $141,377
Canberra, Sydney, Melbourne, Adelaide, Perth, Hobart, Brisbane
About the Team

KEY ACCOUNTABILITIES:

The focus of the work will be primarily corporate and commercial law matters, although, there is capacity to engage on administrative law matters, under supervision of the Legal Leadership Team. Senior Lawyers are expected to:
Under limited supervision, provide legal advice and other legal services of a more complex nature in relation to:
Corporate and commercial law (including drafting or reviewing a range of contracts, procurement, intellectual property, confidentiality, probity and conflict of interest and advice regarding finance law for the purposes of the Public Governance, Performance and Accountability Act 2013).
the performance of the Commissioner’s functions including preparing legal advice, drafting legal instruments and statutory interpretation.
Arrange for procuring legal services from external legal providers in accordance with the Legal Services Directions 2017 and other requirements.
In conjunction with external legal providers, manage commercial matters and the conduct of litigation to which the Commission is a party.
Assist the Legal Leadership Team (Chief Legal Officer and Principal Lawyers) in providing leadership, training and support to other staff in the Legal Services Section.
Prepare training materials and deliver training to other staff of the Commission, as required, to promote awareness of the Commonwealth’s legislative procurement framework, and legal risks.
Senior Lawyer - Employment Law

KEY ACCOUNTABILITIES:

The focus of the work will be primarily workplace law matters, although there is also capacity to engage on administrative law matters, under supervision of the Legal Leadership Team. Senior Lawyers are expected to:
Under limited supervision, provide legal advice and other legal services of a more complex nature in relation to:
Workplace Law (including providing advice on Fair Work Act 2009 and Work Health and Safety Act 2011, providing support in workplace investigations, and drafting or reviewing workplace policies and procedures).
the performance of the Commissioner’s functions including preparing legal advice, drafting legal instruments and statutory interpretation.
Arrange for procuring legal services from external legal providers in accordance with the Legal Services Directions 2017 and other requirements.
In conjunction with external legal providers, manage workplace matters and the conduct of litigation to which the Commission is a party.
Assist the Legal Leadership Team (Chief Legal Officer and Principal Lawyers) in providing leadership, training and support to other staff in the Legal Services Section.
Prepare training materials and deliver training to other staff of the Commission, as required, to promote awareness of the workplace laws that govern the Commission, and legal risks

ESSENTIAL REQUIREMENTS:

Minimum two years post-admission experience in either legal practice or a legal policy environment.
Eligibility for admission as a legal practitioner (however described) of the Supreme Court of an Australian State or Territory.
Eligibility to hold a baseline security clearance.
Key Relationships

THE ENTERPRISE GOVERNANCE AND STRATEGY RESPONSIBILITIES:

The Enterprise Governance and Strategy Group of the Aged Care Quality and Safety Commission is comprised of the Legal Services Section and several other teams that provide support to the Commissioner and her staff in carrying out the Commissioner’s functions under the Aged Care Quality and Safety Commission Act 2018 (the Commission Act).

THE LEGAL SERVICES SECTION RESPONSIBILITIES:

The Legal Services Section provides legal services that are relevant to the Commissioner’s functions. These principally relate to the interpretation and application of the legislation that currently regulates aged care providers, including the Aged Care Act 1997 (the Aged Care Act) and the Commission Act. Relevantly, those areas of regulation include aged care compliance and enforcement, with legal work in this area focused on supporting decision-makers with compliance and enforcement actions (including through the provision of legal advice), review of notices and other legal documents, and engagement with external legal providers. The Legal Services Section also provides advice on other matters relating to the work of the Commission, including workplace law, commercial law and general administrative law.
The Commonwealth government is presently advancing new aged care legislation to replace the Aged Care Act and the Commission Act. In anticipation of this, the Legal Services Section is also responsible for legal review of the drafting instructions for, and provisions of, the proposed primary and subordinate legislation, legal input into development of associated policies and guidance materials, and the provision of legal advice in relation to statutory interpretation and administrative law. Senior Lawyers are expected to apply current legislation and support the Commission’s business areas with procurement and workplace matters.

PURPOSE OF POSITION:

As a member of the team, provide legal services to the Senior Executives and staff of the Commission. The Senior Lawyer vacancies with either have a corporate and commercial law focus or an employment law focus.
Senior Lawyer – Corporate and commercial law