Current jobs related to Principal Lawyer - Canberra - ACT Integrity Commission

The ACT Integrity Commission (‘Commission’) is an independent body and law-enforcement agency with powers under the Integrity Commission Act 2018 to investigate, expose and prevent corruption and foster public confidence in the integrity of government.

Under the Public Interest Disclosure Act 2012, the Commission is also responsible for receiving, assessing, referring, and investigating reports of disclosable conduct, deciding which reports are to be treated as Public Interest Disclosures (‘PIDs’), and performing an oversight role of ACT public sector agencies and their management of PIDs.

Working at the Commission is an opportunity to do challenging but rewarding work and make a meaningful contribution to the ACT and the broader community.

Our Values:

Independence

• Our actions are lawful, ethical, evidence-based and free from political direction or influence and bias.

Professionalism

• We demonstrate excellence, respect, courtesy and dedication in all that we do.

Accountability

• We accept responsibility for our actions and decisions; transparency and consistency are fundamental to our business.

Fairness

• We will exercise the Commission’s powers fairly, having due regard to human rights.

Our Functions:

• Investigate conduct that is alleged to be corrupt conduct.
• Refer suspected instances of criminality or wrongdoing to the appropriate authorities.
• Prevent corruption through research and mitigation efforts.
• Publish information about investigations, including lessons learned.
• Provide education programs.
• Foster public confidence in the Legislative Assembly and ACT public sector
• Receive, assess, refer and investigate reports of disclosable conduct.
• Oversee ACT public sector agency management of PIDs.

Our People

Working at an anti-corruption agency is unique and not for everyone. The Commission is looking for people who are:

• Courageous and ready for a challenge.
• Professional and committed.
• Agile, measured and fair; and
• Trustworthy, with a sense of duty. 

BUSINESS UNIT OVERVIEW

The positions sit in the Commission’s Legal Team.

The Legal Team assists the Commission to perform its principal functions and exercise its statutory powers in a lawful, effective, ethical and accountable manner by providing high-quality, accurate, fearless and timely legal services. 

In doing so, the Legal Team works collaboratively with the Commissioner, the CEO, and the Investigations, Assessments, and Corporate, Prevention and Communication Teams.

Commission lawyers assist in the planning and conduct of all investigations, and provide advice, as required, to other sections of the Commission. 

They appear as Counsel Assisting in examinations and prepare briefs for and instruct external Counsel Assisting, where used. 

They also assist with the preparation of investigation reports, oversee the preparation of briefs of evidence for submission to the Director of Public Prosecutions (‘DPP’) and liaise with DPP lawyers in relation to answering requisitions for further evidence and the conduct of any prosecutions.

The Legal Team also assists by providing advice to the Commission on policy and other organisational matters relevant to the operation of the Commission.

POSITION OVERVIEW

The Principal Lawyers will be responsible for the provision of high-quality legal advice and legal services to the Commission.

In this role, the Principal Lawyers are expected to:

• Work as a member of a multi-disciplinary investigation team to plan and conduct investigations while ensuring relevant statutory powers are exercised lawfully and in accordance with Commission policies and procedures.
• Prepare for and work in private and public examinations, including working with investigators to prepare hearing briefs, appear as Counsel Assisting in examinations and instruct external Counsel Assisting, where used.
• Assist in the drafting of investigation reports.
• Work with investigators to identify criminal offences to be included in briefs for furnishing to the DPP (or other prosecution authorities), prepare prosecution briefs and liaise with relevant prosecution authorities.
• Appear on behalf of the Commission in the Administrative Appeals Tribunal and ACT Supreme Court in contested matters.
• Provide legal and policy advice on matters as required
• Assess and respond to Freedom of Information requests in accordance with applicable legislation.
• Facilitate compliance with legislated reporting requirements.
• Contribute to legal knowledge within the Commission through a commitment to continued legal education and training.

As a representative of the Commission, you will be a role model for professionalism and integrity within the ACT public sector, the broader ACT community, and the legal profession.

This position may involve the direct supervision of staff.

WHAT YOU WILL DO

• Provide high-quality legal services to the Commission through ensuring: 
• all applications for the exercise of statutory powers are assessed to ensure they are appropriate, effective to meet the Commission’s needs and comply with relevant legal and Commission requirements;
• potential sources of evidence are identified to facilitate Commission investigations, private examinations, public examinations and brief preparation;
• evidence is thoroughly analysed to ensure all relevant evidence is taken into account in Commission investigations (including public examinations) and reports;
• draft investigation reports are clear, concise, logically set out, factually accurate, meet procedural fairness requirements, and demonstrate a sound legal and evidentiary basis for all proposed findings;
• briefs of evidence are complete and fit for purpose.

• Engage in operational effectiveness through: 
• using initiative to identify problems and issues and effective responses;
• effectively prioritising work;
• assessing relevant information to identify and evaluate options to ensure high-quality decision-making;
• ensuring Counsel Assisting is fully briefed in a timely manner; and
• ensuring examinations are conducted effectively and efficiently, in accordance with Commission and legal requirements.

• Demonstrate excellent interpersonal and communication skills, through ensuring: 
• information is clearly and effectively presented through oral and written means;
• relevant people are kept informed of decisions, changes and relevant information in a timely manner;
• effective teamwork is fostered across the Commission; and
• records are maintained in accordance with legislative requirements and Commission policies.

• Demonstrate a commitment to growth, through: 
• promptly responding to and addressing any performance issues raised;
• mentoring other lawyers and members of the Legal Team as required;
• contributing to legal knowledge within the Commission through a commitment to continued legal education and training, and maintaining an awareness of relevant legal developments;
• identifying experiences relevant to the performance of the Legal Team and sharing them within the Legal Team; and
• identifying personal developmental needs and communicating them to the Solicitor to the Commission.

• Make a positive contribution to the Commission’s culture by: 
• supporting the development and implementation of the Commission’s business and strategic planning objectives including through providing recommendations and advice to senior managers to inform decision-making;
• promoting a culture of continuous personal and organisational improvement through positive personal behaviours, and recognition of the role the Commission plays in ensuring human rights are upheld and supported; and
• at all times, acting in an ethical and respectful manner, consistent with Work Health and Safety (‘WHS’), Equal Employment Opportunity (‘EEO’), diversity and employee well-being requirements.

WHAT YOU REQUIRE

The following form the criteria required to perform the duties and responsibilities of the position (criteria are essential unless designated as highly desirable or desirable):

Professional and technical knowledge:

• Admission as a practitioner, however described, of the High Court or the Supreme Court of an Australian State or Territory.
• Eligibility to hold a restricted ACT practising certificate.

Skills and experience

• At least five years’ post-qualification experience.
• Extensive legal knowledge and experience, particularly in criminal law or administrative law, with: 
• advocacy experience;
• litigation experience highly desirable;
• administrative inquiry, Royal Commission, and/or integrity/anti-corruption agency experience highly desirable;
• knowledge and understanding of the law relating to administrative inquiries and inquisitorial processes highly desirable;
• experience working in a regulatory or law enforcement environment desirable.
• A sound knowledge of the rules of evidence and procedural fairness.
• A sound knowledge of the Integrity Commission Act 2018 (ACT), the Public Interest Disclosure Act 2012 (ACT) and the Administrative Decisions (Judicial Review) Act 1989 (ACT) (or the ability to acquire it).
• Excellent analytical, organizational, oral and written communication skills.
• A sound knowledge of the machinery of government and public sector organisational systems is desirable.
• Behavioural capabilities
• A commitment to excellence and professionalism, and strong attention to detail.
• Ability to achieve results and demonstrated personal drive.
• Ability to manage and prioritise multiple tasks to meet deadlines.
• The ability to work effectively and collaboratively within a team environment.
• Sound judgement, courage and integrity.
• Resilience and tenacity.

OTHER REQUIREMENTS OF THE POSITION

Section 50 of the Integrity Commission Act 2018 provides that the Commissioner must not appoint a person as a member of staff of the Commission if the person is or has, in the five years immediately before the day of the proposed appointment, been an ACT public servant. Note: employees of some ACT bodies are not captured by this exclusion. Please contact the Commission if you are unsure about your status. 

Commenwealth public servants are not subject to this restriction and are encouraged to apply.

The successful applicant will be required to obtain and maintain a Commonwealth security clearance at the Negative Vetting Level 1 (NV1) classification.

It is a condition of employment with the Commission that staff be fully vaccinated against COVID- 19.

Eligibility/Other requirements:

• Admission as a practitioner, however described, of the High Court or the Supreme Court of an Australian State or Territory.
• Eligibility to hold a restricted ACT practising certificate.
• A security clearance, or the ability to obtain and maintain a security clearance, at the Negative Vetting Level 1 (NV1).

Notes: A Merit Pool will be established from this selection process and will be used to fill vacancies over the next 12 months.

How to Apply: For further information, please visit www.jobs.act.gov.au