Positions vacant

Positions vacant

Legal Adviser (APS 6) – two positions, Claims Legal Services, Comcare - Closing 20 October 2024

Comcare has two vacant ongoing Legal Adviser (APS6) roles to work in its Claims Legal Services team.

The successful applicants will provide client-focused specialist legal and strategic advice and support to Comcare’s function in making claims determinations accurately and quickly. Would suit people that are problem solvers with well-developed analytical and communication skills, have an interest in entitlements law, and are committed to providing excellent service.

Applications close Sunday, 20 October 2024.

Visit  Current vacancies | Comcare for more information.

Deputy Parliamentary Counsel, JACS - Closing 22 October 2024

About the role

The primary responsibilities of the DPC are to:

• Lead and manage a unit of legislative counsel;
• Develop, plan and coordinate legislative drafting services for client directorates and individual Legislative Assembly members;
• Assist the Parliamentary Counsel to develop, plan and coordinate legislative publishing services (particularly through the ACT legislation register) to ensure good access to ACT legislation and legislative material.

How to apply

To read more or apply for the role, click here. 

Applications close 22 October 2024. 

Commonwealth lawyers opportunities, Proximity

Where careers go further!

• Work alongside our government clients
• Strategic and complex legal problems
• Learn from united expertise of 50+ lawyers

Commonwealth Lawyers

Proximity provides a unique opportunity of doing interesting public sector work under a commercial arrangement that provides support, development, and care.

The Proximity Legal Group is a go-to for Commonwealth legal teams requiring support on complex matters specialising in administrative, litigation, and commercial law. As a team, we infuse passion and purpose into everything we do and have fun while doing it. There are however a few things we take super seriously – our commitment to clients, integrity, pro-bono work, being genuine, generously sharing our knowledge and insights, supporting each other, and giving our lawyers influence in the work they do. We also know that variety is the spice of life.

As a Proximity team member, your role is that of a trusted sidekick – helping our clients’ teams succeed by embracing the complexity and sensitivity of commonwealth law issues and knowing how to be helpful in the context of the APS environment.

Culture matters

We’re looking for someone who fits and lives our values - someone who is:

• Tenacious. A can-do attitude, results-driven and dedicated to delivery.
• Client-first. Relationships matter. Listen, anticipate client needs.
• Team players. Collegiate, share knowledge and build confidence in others.
• Adaptable. Work through ambiguity or uncertainty.
• Solution oriented. Think beyond the immediate questions and challenges and produce comprehensive solutions.

To succeed in this role, you will need:

• Minimum 5 years’ public law, litigation or commercial law experience working within or for the Commonwealth
• Ability and desire to share your knowledge and develop others
• Restricted (minimum) practising certificate

Working in Commonwealth Departments often requires an Australian Security Clearance and is therefore desirable, or you have the ability to obtain one.

The Proximity difference

We believe work should be a positive part of your life. It should challenge, engage and support you in equal measure. We focus on cultivating a genuinely caring and collaborative workplace. By joining Proximity, you will enjoy:

• We care – your Health and Wellbeing and Professional Development is supported
• Give back – opportunities to work with Proximity’s NFP partners Menslink, Fearless Women, Inclusive Australia, The Farm in Galong, The Women's Legal Centre and Tjillari Justice Aboriginal Corporation
• Make work work – make the hours work for you and your team
• Promotion pathways – build your career with us
• Security Clearances and Practising Certificates
• Belong – be part of the amazing Proximity team

Or you may choose to work more flexibly. Our Proximity Lite employment arrangements support you to focus on applying your incredible technical skills and expertise with clients.

Working with Proximity

Proximity is a leading provider of integrated consulting, legal and commercial services to government entities and large organisations. We collaborate with our clients to overcome challenges and achieve excellent outcomes. By creating an exceptional workplace culture, we equip our people with the confidence and knowledge to find the ‘right fit’ solution for our clients’ needs.

We’re committed to ensuring a safe and respectful workplace, where all our people, no matter their identity, orientation, background or physical ability feel valued and accepted. Our values are central to everything we do and stand for, we are strengthening our culture and building our client advantage by being Genuine people, bringing a Bold Approach, and providing Helpful outcomes.

Does this sound like the right organisation for you?

If this position interests you, please get in contact with Loretta Pabian, Senior Manager- People: careers@proximity.com.au

Learn more about Proximity today https://proximity.com.au/

EOI Appointed Lawyers Scheme, ASIO Act

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.