Senior Legal Counsel (Banking and Finance)

at  Afca

Company Description
As a financial ombudsman, we are a for-purpose organisation that provides a free service for individuals and small businesses. We listen to and work with our customers and their financial firms to find solutions to complaints which have gone unheard or unresolved. This is your opportunity to make a difference.
Job Description
The AFCA Legal Counsel team provide high quality legal advice to the broader organisation to ensure that our legal obligations are met, legal risks are managed, and to ensure the protection of our interests and reputation. The role of Senior Legal Counsel – Banking and Finance, leads and inspires a smal team to learn, develop and continually grow to deliver effective outcomes that ensure the right solutions for our customers, stakeholders and people.

Typically, in this role you will:

• Assist the Head of Legal to develop and embed change strategies to effectively manage legal risk in dealing with Banking & Finance disputes.
• Provide direct trusted legal advisor support to the Banking & Finance Lead Ombudsmen, Decision Makers and Dispute Resolution Specialists .
• Manage complex escalated matters.
• Managing and resolving litigation risk with a focus on managing reputational risk.
• Proactively managing legal risk by anticipating issues, identifying opportunities and proposing solutions.
• Proactively monitoring and communicating changes in laws and regulations impacting upon AFCA’s obligations.
• Assist the Head of Legal by contributing to the development and implementation of AFCA strategic, business and operational plans and inculcate a culture of accountability and delivery of these plans across the relevant teams.
• Leadership, coaching and development including any necessary recruitment, on-boarding, performance management, feedback and development to ensure team members are engaged and able to reach their potential
• Understand and comply with all applicable company policies, procedures, systems, approach and guidance documents, legislation and AFCA rules and guidelines

Qualifications

To be successful in this role, you will need:

• Relevant tertiary qualifications in law and a current Australian practicing certificate.
• Minimum 10 years PQE in a legal role within banking and finance including significant experience in and knowledge of:
• customer-banker relationship and duty of care
• scams
• ePayments Code
• contract law, including unfair contract terms
• lending (small business and consumer), including consumer credit, reviewing loan agreements, advising on events of default, security structures
• relevant banking codes including the Banking Code of Practice
• corporate and financial service regulation (ASIC Act, Corporations Act, ASIC Regulatory Guides)
• insolvency
• banking-related privacy issues
• Ability to make accountable and logical decisions, including demonstrated skills in analysing and investigating issues, and developing and negotiating solutions.
• Strong interpersonal skills and excellent oral and written communication skills.
• Strong attention to detail, ability to prioritise work and meet deadlines..
• Ability to work effectively in a busy and fast paced environment while maintaining a customer service focus.
• Self-motivated, resourceful with the ability to work both autonomously and as part of a team

TO APPLY:

If you are passionate about how we drive fairness in the financial sector and are looking for an organisation that values the human in all of us, we encourage you to apply.
We encourage applications from people of all ages, cultures, abilities, sexual orientation and gender identities. We strive to provide a recruitment experience that’s fair, inclusive and accessible. If you have any specific accessibility requirements, please reach out to the recruiter who is managing this process or email us at Careers@afca.org.au.
AFCA is a 2023 Circle Back Initiative Employer - we are committed to responding to every applicant

Typically, in this role you will:

• Assist the Head of Legal to develop and embed change strategies to effectively manage legal risk in dealing with Banking & Finance disputes.
• Provide direct trusted legal advisor support to the Banking & Finance Lead Ombudsmen, Decision Makers and Dispute Resolution Specialists .
• Manage complex escalated matters.
• Managing and resolving litigation risk with a focus on managing reputational risk.
• Proactively managing legal risk by anticipating issues, identifying opportunities and proposing solutions.
• Proactively monitoring and communicating changes in laws and regulations impacting upon AFCA’s obligations.
• Assist the Head of Legal by contributing to the development and implementation of AFCA strategic, business and operational plans and inculcate a culture of accountability and delivery of these plans across the relevant teams.
• Leadership, coaching and development including any necessary recruitment, on-boarding, performance management, feedback and development to ensure team members are engaged and able to reach their potential
• Understand and comply with all applicable company policies, procedures, systems, approach and guidance documents, legislation and AFCA rules and guideline

To be successful in this role, you will need:

• Relevant tertiary qualifications in law and a current Australian practicing certificate.
• Minimum 10 years PQE in a legal role within banking and finance including significant experience in and knowledge of:
• customer-banker relationship and duty of care
• scams
• ePayments Code
• contract law, including unfair contract terms
• lending (small business and consumer), including consumer credit, reviewing loan agreements, advising on events of default, security structures
• relevant banking codes including the Banking Code of Practice
• corporate and financial service regulation (ASIC Act, Corporations Act, ASIC Regulatory Guides)
• insolvency
• banking-related privacy issues
• Ability to make accountable and logical decisions, including demonstrated skills in analysing and investigating issues, and developing and negotiating solutions.
• Strong interpersonal skills and excellent oral and written communication skills.
• Strong attention to detail, ability to prioritise work and meet deadlines..
• Ability to work effectively in a busy and fast paced environment while maintaining a customer service focus.
• Self-motivated, resourceful with the ability to work both autonomously and as part of a tea