The General Counsel will lead the establishment of a legal function to support the Inspector-General. As a highly trained expert legal practitioner and senior leader, you will assist the Inspector-General to manage their legal risks. To achieve this, you will advise them and the office that supports them (the Office of Water Compliance) on any major legal and regulatory issues the agency confronts. As the senior most legal adviser for the Inspector-General, you will be required to provide advice on maintaining regulatory best practice and performing operations in a manner consistent with a designated independent integrity agency under the National Anti-Corruption Commission Act 2022 (NACC Act).
You will act as a strategic partner and trusted agency adviser to the Inspector-General and the Office of Water Compliance, as well as providing technical depth and leadership experience to run the Inspector-General’s legal function. You will be responsible for providing legal and strategic advice to the Inspector-General regarding the performance of their statutory functions as well as operational and other matters as they arise.
Overview of the role
The General Counsel is the branch head of a new functional area of the office. In this role, you will have the opportunity to influence the design and implementation of a best practice legal service. The Inspector-General has a broad remit including inquiry, audit, investigation and enforcement powers.
The General Counsel plays a crucial role in guiding corporate strategy by utilising their legal expertise to shape decisions and mitigate risks. Collaboration with senior management ensures legal compliance while providing valuable insights on governance and risk management.
The General Counsel supports 4 program areas:
- Ensure it’s lawful: Ensure Basin water managers and users meet their obligations under the Water Act 2007 and the Basin Plan.
- Ensure it’s visible: Provide the Australian community with visibility over the integrity of Basin water management.
- Do it better: Raise performance, drive improvements in standards of Basin Plan delivery.
- Make it better: Use knowledge, evidence and insights to input into the ongoing reform of water regulation.
Work area
The IGWC Legal Services Branch, led by the IGWC General Counsel, forms a sperate legal practice within the Department of Climate Change, Energy, Environment & Water.
Key responsibilities and accountabilities
- Provide clear and concise legal advice directly to the Inspector-General as a trusted strategic advisor on highly contentious and complex legal matters.
- Design and implement the legal operating model for the independent Inspector-General of Water Compliance, including negotiation and commissioning where appropriate.
- Manage external procurement of legal advice, including constitutional advice.
- Provide high quality evidence-based legal services to support all significant undertakings of the Inspector-General, that are timely, reliable, solutions-driven and which appropriately engage with risk.
- Provide legal services to support the conduct of inquiries, audits and investigations.
- Provide enforcement services, including litigations and negotiations where appropriate, to the Inspector-General.
- Provide expert strategic and operational advice to the Inspector-General and as a member of the Executive, Risk, and Triage Committees.
- Oversee the development and maintenance of key legal frameworks, policies, delegations, guidelines and operating procedures, (e.g., Intellectual Property Policy Framework and associated policies, Legal Review of Contracts Policy, and Legal Briefing Policy). Ensuring the Agency has appropriate copyright and IP protection practices in place.
- Establish a best practice approach to regulation and compliance where the Inspector-General, as an integrity agency, must be exemplary.
- Lead the operation of the IGWC Legal Services Branch, including:
- Implementing a culture based on the Inspector-General’s values of integrity, transparency and accountability, in addition the values of the commonwealth public service.
- Promote a sense of purpose and enable others to understand the links between government policy, organisational goals and public value.
- Build a shared sense of direction, clarify priorities and goals, and inspire others to achieve these.
- Develop and provide appropriate and innovative training and guidance on relevant legal issues and processes for all staff.
- Deliver annual work planning for the legal program.
- Drive efficiency in workflow management through the implementation of a legal matter management tool and other functional improvement digital tools, sponsored by and as agreed with the Inspector-General.
- Provide contractual advice on structuring of significant transactions and alternative approaches or structures where available for commercial transactions that can mitigate risks identified.
Essential and other requirements
The successful applicant must:
- Be an Australian Legal Practitioner with over 10 years post admission experience, and
- The holder of a current unrestricted practicing certificate from their home jurisdiction.
- Have experience in high level senior leadership in the legal field.
- Be willing to travel in the Murray-Darling Basin according to the requirements of the role.
You must have demonstrated experience in the areas of:
- Regulatory law.
- Administrative law.
- Commercial/Contract law.
- Civil law and procedure (state and Commonwealth).
The General Counsel would ideally possess a highly developed understanding of several cross-jurisdictional instruments including:
- The Australian Constitution,
- International agreements,
- The Water Act,
- The Basin Plan,
- Water resource plans, and
- Inter-governmental Agreements.
The following are desirable qualifications, experience, skills and/or knowledge:
- Qualifications or experience in regulation, compliance, enforcement, audit, inquiry or similar.
- Strong analytical, critical thinking and problem-solving skills that can be applied to complex regulatory and compliance issues, and the capacity to provide strategic advice on this work and deliver results.
- Previous experience with the APS or state public service would be regarded highly.
- Previous experience with an integrity and/or regulatory body or other similar institution would be regarded highly.
Eligibility and other requirements
Citizenship – To be eligible for employment with the Department of Climate Change, Energy, the Environment and Water you must be an Australian citizen.
Security Clearance – This position requires a Negative Vetting Level 1 security clearance. You will be required to obtain and maintain a clearance at this level.
For additional information, please read the Job Description below.
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