Positions vacant

As a service to our members, we maintain this page to disseminate information about legal roles available in the ACT region.

Members of the Law Society may list jobs on this page for free. Non-members may also list jobs on this page, but a small fee will be charged. 

To advertise a job on this page, please contact the communications manager on communications@actlawsociety.asn.au or visit our advertising page for paid listings. 

Positions vacant

Closes: 29 November 2024

Classification: Government Solicitor 3
Salary: $166,759 - $188,180 plus superannuation
Position No: 33840, Several
Directorate: Justice and Community Safety
Advertised (Gazettal date): 15 November 2024
Contact Officer: Lyndal Bennett on Lyndal.Bennett@act.gov.au or (02) 6205 3546

Details:

Are you excited about growing and developing the breadth of your government legal expertise?  If so, consider applying for roles at the ACT Government Solicitor (ACTGS).

The ACTGS is the ACT Government’s legal service provider and offers broad opportunities to successful candidates to excel as a Government Solicitor.

Together with the Office of the Solicitor-General, ACTGS operates as a legal practice providing legal services which aim to protect the interests of the Territory, its Ministers and agencies.  ACTGS is seeking motivated lawyers with experience and interest in the following areas of practice:

  • Public and Constitutional Law; Citizen Rights and Welfare; Claims, Inquests and Inquiries; Commercial Projects and Disputes; Property, Land and Construction; Regulation and Employment.

The ACTGS recruits to level and provides solicitors with an opportunity to work across practice areas.

Role of the Principal Solicitor

At the Government Solicitor 3 (Principal Solicitor) level, lawyers work as part of a team in a practice area, providing high quality and timely legal services in a professional and cost-effective manner.  The practice groups operate under the supervision and leadership of a Practice Leader (GS4) and Government Solicitors work collaboratively within and across various areas of professional legal practice.

Roles at the GS3 level are required to assist in leadership, management and building capability of the ACTGS, including by developing and maintaining specialisation in an area of high relevance to the Territory.

The Principal Solicitors will contribute to ensuring responsive legal service delivery by a practice group and the ACTGS more broadly.  For more information relating to the duties please refer to the attached Position Description.

ACTGS Career Development and Workforce

ACTGS actively encourages development of solicitors through movement between areas of practice.  Development strategies also include transfers and outplacements with ACT Government agencies both at level and through higher duty opportunities.

ACTGS supports workforce diversity and is committed to creating an inclusive and flexible workplace. As part of this commitment, Aboriginal and Torres Strait Islander peoples, people with disability and those who identify as LGBTIQA are encouraged to apply.

ACTGS also supports hybrid working arrangements which meet operational requirements.

We are committed to creating an inclusive environment where people with diverse thoughts, lived experience, and perspectives can thrive and contribute their unique talents to the ACTPS and ACT community. We encourage Aboriginal and Torres Strait Islander people, people with disability, people with culturally and linguistically diverse backgrounds, veterans, younger and older workers, and people with diverse genders, sexes and sexualities to apply.

Eligibility/Other Requirements:

Applicants must be admitted with at least 5+ years post-admission experience as a lawyer.

Applicants with experience in commercial law and litigation are highly desirable and strongly encouraged to apply.

Successful applicants must be available to commence in their new role within six weeks of acceptance of offer.

Notes: An order of merit may be established for the purposes of recruiting similar positions in the future. Applicants may be selected on application and reference report only.

How to Apply: Applications are to include a current curriculum vitae and pitch demonstrating their ability and experience to perform the role, including the professional/technical skills and knowledge and the behavioural capabilities.

The pitch is not to exceed two pages and the professional/technical skills and knowledge, and the behavioural capabilities can be found in the Position Description.

The details of two referees that can be contacted are also required.

Applications to be submitted here.

Case Management Unit

$119,208 - $141,364 plus 15.4% superannuation

The role

The Senior Legal Officer (SLO) performs a dual legal and case management role as part of the CMU and provides guidance on procedural, legislative and regulatory matters in the context of the PSR scheme (set out in Part VAA of the Health Insurance Act 1973).

The SLO is predominantly responsible for day-to-day oversight and delivery of work in relation to matters at the Director or Associate Director stage of the review process, in line with statutory timeframes. This involves managing a small caseload as well as supervising and developing case managers and working collaboratively in a small team. As part of matter management, the SLO may provide legal advice both independently and under the direction of senior legal staff. The SLO may also assist principal legal officers in managing cases at the Committee stage of the review process, including drafting relevant documents and attending hearings.

The SLO works with a high level of autonomy and accountability in delivering legal and case management services to the Director, Associate Directors, PSR Committees and the Determining Authority. The role makes recommendations and provides advice on solutions, emerging issues and issues that may impact the CMU.

The SLO provides professional leadership and guidance, including the allocation of resources and workloads. The SLO will provide guidance and advice on legally technical or strategically complex matters. Matters impacting the overall operations of the CMU, the PSR Agency, the PSR Scheme and the broader Medicare compliance landscape will be escalated to the principal legal officer.

To apply

Please read through the Candidate Information Kit for detailed information about this vacancy, key responsibilities and the selection criteria.

Submit your application to HREnquiries@psr.gov.au by the closing time and date advised in the Candidate Information Kit. Your application must include: 

  • a 1000 word (maximum) pitch telling us how your skills, knowledge, experience and qualifications make you the best person for the job and to perform at the relevant classification level
  • your resume or Curriculum Vitae (CV), with a maximum of 3 pages

Case Management Unit

$92,960 - $102,577 plus 15.4% superannuation

The role

The Legal Case Manager (LCM) performs a dual legal and case management role as part of the CMU and are primarily responsible for the day-to-day management of matters at the PSR Director or Associate Director stage of the review process, in line with statutory timeframes. 

The LCM is responsible for a caseload and work collaboratively in a small team. The LCM draft documents under the guidance or direction of more senior staff relevant to the various stages of the review process, including reasons for statutory decisions. The LCM is routinely the primary point of contact for legal representatives and medical practitioners and provide information on the PSR process.

The LCM is responsible for exercising professional judgement in managing PSR cases, preparing documents, including for statutory decision‑making, and assessing legal risk. The LCM operates autonomously in managing their caseload and has discretion in deciding how to undertake tasks. The LCM is required to apply logic, initiative, knowledge and sound judgement in the exercise of daily duties. The LCM will escalate legally or strategically complex matters as appropriate.

To apply

Please read through the Candidate Information Kit for detailed information about this vacancy, key responsibilities and the selection criteria.

Submit your application to HREnquiries@psr.gov.au by the closing time and date advised in the Candidate Information Kit. Your application must include: 

  • a 1000 word (maximum) pitch telling us how your skills, knowledge, experience and qualifications make you the best person for the job and to perform at the relevant classification level
  • your resume or Curriculum Vitae (CV), with a maximum of 3 pages

The ACT Magistrates Court seeks expressions of interest from qualified mediators to join a panel to assist in early resolution of civil matters within the Court’s jurisdiction.
The closing date for expressions of interest in 4:00pm 29 November 2024.
Applicants should:
• Be registered as a nationally accredited mediator; and
• have experience as a mediator or possess relevant equivalent experience; and
• be admitted, or eligible for admission, as a legal practitioner of the High Court of Australia or the Supreme Court of an Australian State or Territory
Experience is civil litigation in the ACT is desirable.
Panel members are engaged on the following terms:
1. The panel will be engaged for a period of three years unless otherwise agreed between the mediator and the Registrar of the Court.
2. Mediation blocks will generally be allocated to mediators at the discretion of the Registrar of the Court at the commencement of each year, subject to change by agreement throughout the year.
3. There is no guarantee of the quantity of work that will be allocated to panel members.
4. Mediations are to be held in person in the ACT Law Courts facility unless otherwise agreed in advance by the parties and the mediator.
5. Mediations are a maximum of 4 hour duration unless agreed between the parties and the mediator. Ordinarily, two mediations will be listed per day during a block period.
6. The mediation fee is $1500 (inclusive of GST) per mediation, regardless of complexity. If a mediator is not registered for GST, the fee is $1350 (the mediator must notify the Court if this applies).
7. Parties will pay the fee directly to the mediator in accordance with the timeframe ordered by the Court on an equal share basis. This is generally 28 days prior to the mediation, or for a mediator who is Counsel, 7 days after the remittance of an invoice at the conclusion of the mediation.
The contact person for this role is:
Emma Knowles, 6205 7962, EmmaA.Knowles@courts.act.gov.au
Applications should be addressed to:
The Registrar
ACT Magistrates Court
4 Knowles Place
Canberra ACT 2601
Email: mediation@courts.act.gov.au

Government Lawyers

Canberra Based

Client Site

Baseline Clearance and above

For more information, click here

Commercial Layers

Canberra Based

Client Site

Baseline Clearance and above

For more information, click here

The Department of Home Affairs (the Department) is seeking expressions of interest from lawyers willing to represent subjects under the appointed lawyer provisions set out in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (the ASIO Act).

Overview

Division 3 of Part III of the ASIO Act contains a questioning framework to assist the Australian Security Intelligence Organisation (ASIO) to gather intelligence in relation to politically motivated violence (including terrorism), espionage and acts of foreign interference. ASIO may only question an individual pursuant to the authority conferred by a questioning warrant issued by the Attorney-General.
Questioning of a subject under a questioning warrant is overseen by an independent prescribed authority appointed by the Attorney-General (ss 34AD and 34BD of the ASIO Act). The prescribed authority supervises and provides directions during the execution of the questioning warrant in accordance with Division 3 of Part III of the ASIO Act. The prescribed authority may make directions under the ASIO Act, which must be consistent with the warrant, or otherwise:

  • be approved in writing by the Attorney-General, or 
  • be necessary to satisfactorily address a concern of the Inspector-General of Intelligence and Security (IGIS) of which the prescribed authority has been informed under section 34DM of the ASIO Act.

The prescribed authority is required to explain to the subject of the warrant a number of procedural matters, including the subject’s rights and obligations under the warrant, when the subject first appears before the prescribed authority.

In certain circumstances, the prescribed authority must make a direction to appoint a lawyer for the subject of a questioning warrant (ss 34FB and 34FC of the ASIO Act). For example, under paragraph 34FB(2)(a) of the ASIO Act, the prescribed authority must give a direction that a specified person be appointed as the lawyer for the subject of an adult questioning warrant where:

  • the warrant includes an immediate appearance requirement, and
  • a lawyer for the subject is not present while the subject is appearing before a prescribed authority for questioning under the warrant.

In these circumstances, the subject may also contact a lawyer of choice other than the appointed lawyer. To enable questioning to commence without delay, the subject will be questioned in the presence of the appointed lawyer until the subject’s lawyer of choice arrives.

In addition to this, a minor must not be questioned in the absence of a lawyer under any circumstances. Therefore, to ensure questioning may commence without delay, the prescribed authority must give a direction that a specified person be appointed as the lawyer for the subject of a minor questioning warrant where:

  • the warrant includes an immediate appearance requirement, and a lawyer for the subject is not present while the subject is appearing before a prescribed authority for questioning under the warrant (s 34FC(2)(a)), or
  • questioning has been deferred to enable the subject to obtain a lawyer, and the prescribed authority is satisfied that such time as is reasonable to enable a lawyer for the subject to be present during the questioning has passed (s 34FC(3)(b)).

The prescribed authority has the authority to appoint a lawyer independently of ASIO and the Australian Government.

What would you do as an appointed lawyer?

Lawyers appointed for the subject of an adult questioning warrant must be present while the subject is questioned before a prescribed authority, unless the subject voluntarily chooses to be questioned in the absence of a lawyer (s 34FA), the prescribed authority gives a direction under subparagraph 34FF(7)(c)(i) that the lawyer is removed due to disruption of questioning proceedings, or the prescribed authority gives a direction that questioning can occur without a lawyer present (this can only occur in the limited circumstances set out in s 34FB(3)(b) or 34FF(7)(c)(iii)). The subject of a minor questioning warrant must not be questioned in the absence of a lawyer.

The lawyer provides advice to the subject during breaks in questioning (s 34FF). A lawyer must not intervene in the questioning or address the prescribed authority during questioning, except to:

  • request clarification of an ambiguous question, or
  • request a break in questioning in order to provide advice to the questioning subject.

The prescribed authority must provide a reasonable opportunity for the lawyer to advise the subject during breaks in the questioning. During a break in questioning, the lawyer may request an opportunity to address the prescribed authority on a matter.

Eligibility requirements:

  • You must be enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory.
  • You must hold a current practising certificate granted under a law of a State or Territory.

Remuneration

Appointed lawyers will be renumerated at an hourly rate of $290, inclusive of GST, to be billed in six-minute units. This hourly rate is consistent with the solicitor fees set out in the Commonwealth’s cost assessment policy for legal financial assistance, available at Commonwealth Legal Financial Assistance Schemes Assessment of Costs—July 2012 (ag.gov.au).

Pursuant to section 34JE of the ASIO Act, applications for financial assistance may be made to the Attorney-General in respect of the subject of a questioning warrant’s appearance before a prescribed authority for questioning under the warrant. Grants under this ASIO scheme are made on written application at the discretion of the Attorney-General. Payment of fees for appointed lawyers by the Government is not contingent on a successful application for financial assistance by the subject of a questioning warrant.

Time commitment

Questioning may take place at short notice, for a maximum permitted questioning period of 24 hours (s 34DJ of the ASIO Act), or 40 hours where an interpreter is present (s 34DK). The subject of a questioning warrant may be questioned initially for a total period of 8 hours of questioning time. The prescribed authority may give a direction to extend the questioning time by two additional 8-hour questioning blocks under certain circumstances (s 34DJ(7) and s34DK(7)). A questioning warrant may remain in force for a period of no more than 28 days, although the Attorney-General may revoke the warrant before the period has expired. Questioning may take place over several days within this 28-day period, provided the maximum permitted questioning period is not exceeded.

Questioning time does not include time occupied with procedural matters, breaks or deferrals of questioning.

The prescribed authority may set breaks between periods of questioning by giving appropriate directions under paragraph 34DE(1)(e). While there is no prescribed number of breaks, a 30 minute break will be offered to an adult questioning subject every 4 hours.1 A minor may only be questioned for continuous periods of 2 hours or less, separated by breaks as directed by the prescribed authority.2 The prescribed authority must provide a reasonable opportunity for the lawyer to advise the questioning subject during breaks in questioning.
In addition to this, the questioning subject must be given a break of sufficient duration in any 24 hour period of questioning to ensure they have an opportunity for an appropriate amount of continuous and undisturbed sleep, having regard to the subject’s age (at least 8 hours for an adult, or 10 hours for a minor).

Appointed lawyers must be willing to attend as required for each questioning session under a questioning warrant. This may be during ordinary business hours or, in exceptional circumstances, outside of ordinary business hours (including at night).

The prescribed authority will work with an appointed lawyer to take into account their availability and other commitments when scheduling questioning sessions.

Secrecy requirements

Division 3 of Part III of the ASIO Act contains a number of secrecy offences in relation to information associated with a questioning warrant (s 34GF of the ASIO Act). Section 34GF of the ASIO Act includes criminal offences if a person discloses information relating to a questioning warrant during the specified period the warrant remains in force, or for a period of up to two years after its specified expiry.

Strict liability applies to paragraphs 34GF(1)(c) and (2)(c) where the subject of the warrant or their lawyer discloses information that indicates the fact that the warrant has been issued, or a fact relating to the content of the warrant, or to the questioning or apprehension of a person in connection with the warrant and/or the information is operational information.

A subject’s lawyer is a lawyer who has at any time been:

  • present, as the lawyer for the subject of the warrant, during the questioning of the subject under the warrant, or
  • contacted for the purpose of the subject obtaining legal advice in connection with the warrant, or
  • contacted for the purpose of the subject obtaining representation in legal proceedings seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

How to express your interest in being an appointed lawyer

Lawyers who wish to nominate their interest should email intelligenceandsecuritypolicy@homeaffairs.gov.au with:

  • Their full name and contact details (landline and mobile phone numbers, and email address).
  • Details of their employer (if any).
  • Their jurisdiction and date of admission as an Australian legal practitioner.
  • Their curriculum vitae, including a written statement confirming the accuracy of the information therein.
  • A copy of their current practising certificate.

By providing this information to the Department, applicants consent to the Department of Home Affairs and relevant Commonwealth agencies, collecting, using and disclosing their personal information for purposes connected with the Appointed Lawyer Scheme in Division 3 of Part III of the ASIO Act. This includes consent for the Department to provide their personal information to ASIO and the prescribed authority for purposes connected with the Appointed Lawyer Scheme. For further information on how your personal information will be collected, used, stored and disclosed please refer to the attached Privacy Notice – Collection of personal information for the purposes of the Appointed Lawyer Scheme under the Australian Security Intelligence Organisation Act 1979 (APP 5).

What happens once you submit your nomination?

Individuals who express their interest in being an appointed lawyer and who meet the eligibility requirements outlined above will be placed on a confidential register maintained by the Department. Lawyers who are on the register will be contacted each year to confirm they are willing to remain on the register. Lawyers may request that they be removed from the register at any time, and can do so by emailing intelligenceandsecuritypolicy@homeaffairs.gov.au.
Should the need arise, the details of lawyers on the register will be made available to the prescribed authority responsible for overseeing questioning under a questioning warrant, in order for the prescribed authority to appoint a lawyer for the subject of a questioning warrant where necessary. While the choice of lawyer will be at the prescribed authority’s discretion, lawyers retain the discretion on whether to accept or decline to act for the questioning subject in any particular matter. Details of lawyers may also be provided to ASIO to assist in security and administrative arrangements in relation to questioning.

Lawyers who are contacted through the register may be asked to provide further information before appointment. Lawyers will also be provided with further information concerning the questioning process before they are required to represent a questioning subject. Terms of engagement will also be settled at that time.

There is no guarantee that lawyers placed on the register will be appointed as lawyers in connection with a questioning warrant. ASIO’s compulsory questioning powers are exceptional in nature and likely to be used sparingly.

Further information

If you would like further information about the Appointed Lawyer Scheme, please email intelligenceandsecuritypolicy@homeaffairs.gov.au.

Interested in tutoring at ANU?

The Research School of Accounting in the College of Business and Economics at The Australian National University is seeking expressions of interest from legal practitioners interested in tutoring in 2025. The Research School of Accounting teaches courses in Introduction to Commercial Law, Law of Business Entities and Taxation Law at undergraduate and graduate level. Further information can be obtained from Associate Professor Keturah Whitford on (02) 61254726. Please submit your expression of interest to:

https://jobs.anu.edu.au/jobs/rsa-casual-sessional-academic-canberra-act-act-australia

 

The job description and application process can be found in the link above. The position closes 31 January 2025.

Closes 13 November 2024

Classification: ACT Courts and Tribunal Legal 1
Salary: $76,028 - $149,502 plus superannuation
Position No: 53450
Directorate: Justice and Community Safety
Advertised (Gazettal date): 30 October 2024
Contact Officer: Simone Richards on Simone.Richards@courts.act.gov.au or (02) 6205 3719

Details: The Coroner's Court is seeking a highly motivated lawyer to perform the role of Legal Officer.

The duties of the role include assisting the Coroner to investigate matters and providing legal advice on the investigation, drafting correspondence, attending Court hearings and acting as Counsel Assisting in suitable matters, and communicating directly with families and stakeholders. The successful candidate will be able to manage multiple tasks and balance priorities, demonstrate high quality written and verbal communication skills and strong attention to detail, and the ability to deal with confronting material in a safe and sensitive manner.

We are committed to creating an inclusive environment where people with diverse thoughts, lived experience, and perspectives can thrive and contribute their unique talents to the ACTPS and ACT community. We encourage Aboriginal and Torres Strait Islander people, people with disability, people with culturally and linguistically diverse backgrounds, veterans, younger and older workers, and people with diverse genders, sexes and sexualities to apply. Current and former ADF members are encouraged to apply.

Note: This is a temporary position available immediately for up to 12 months with the possibility of permanency. Selection may be based on application and referee reports only. A Merit Pool will be established from this process and may be used to fill vacancies over the next twelve months.

How to Apply: Applicants should submit a response of no more than three pages addressing the Professional Skills and Behavioural Capabilities in the Position Description, together with your curriculum vitae and the contact details of at least two referees.

For more information, click here.

Position Title: Executive Director, Coroners Court
Division: ACT Courts and Tribunal
Branch: Registrar's Office (Magistrates Court)
Section: PEOPLE & GOVERNANCE
Position Number: 60867
Classification: ACT Courts and Tribunal Legal 3

Gazette Date: 13 November 2024
Closing Date: 04 December 2024

More information: http://www.jobs.act.gov.au/jobs/justice-and-community-safety/temporary/60867