Deputy Chief Executive Officer

CANDIDATE INFORMATION

Legal Aid Commission (ACT)

______

2019

______The Organisation ______Role The Legal Aid Commission (ACT) is an independent statutory authority established under the Legal Aid Act 1977 (the Act). Its role is to provide legal assistance services in the Australian Capital Territory in accordance with the Act. Legal assistance includes legal information and referral, legal advice, duty lawyer services, advocacy and minor legal assistance, dispute resolution, and grants of financial assistance for ongoing legal representation. The Commission also provides community legal education and makes submissions for the reform of laws which adversely impact on its client groups.

The Commission is accountable to the ACT Attorney-General for the exercise of its statutory functions.

Structure The Commission is governed by a board of eight commissioners, seven of whom are part-time and appointed by the Attorney-General to represent the interests of the community, the ACT Government, and the legal profession. The eighth commissioner is the chief executive officer (CEO) who is appointed by the Commission. The board meets every two months and additional meetings are held when required.

The Commission has a staff of 46 lawyers and 59 paralegal, non-legal administrative, and support staff.

The CEO is responsible for the operational and financial management of the Commission and is assisted by the Deputy CEO (DCEO) and other members of the Executive team. The DCEO deputises for the CEO when required and is part of the Commission’s Executive team.

The CEO and DCEO are deemed by the Act to be a firm of solicitors practising in partnership in the ACT. Legal assistance services are provided by the Commission’s Legal Practices and Client Services division under the business name Legal Aid ACT.

The Legal Practice The Commission’s in-house legal practice operates in a similar way to a private law firm, and is organised into the following areas:  The Litigation Practice, comprising Criminal and Family sections, which provides representation in court proceedings as well as specialist legal advice and advocacy;

 The General Practice provides a broad range of duty and civil litigation assistance, including in family violence and family law duty services, mental health and guardianship, employment, and NDIS matters.

Each of these practices provides both duty lawyer services and ongoing representation for people receiving grants of legal assistance. By volume, the Commission conducts the largest family and criminal law practices in the ACT. The Litigation Practice is managed by the DCEO.

Programs In-house services, clinics, and internships The Commission maintains a Helpline, a chat line, the ACT Law Handbook, and other information services. It also provides extensive advice and duty lawyer services at courts and tribunals within the ACT, and conducts specialist clinics in employment, NDIS, and migration matters.

The Commission has formed cooperative relationships with tertiary institutions, including through the Youth Law Centre, which operates in partnership with the ANU College of Law and specialises in providing legal advice and minor legal assistance to young people. The Legal Aid Clinic, which is aimed at GDLP students, operates within the Legal Aid ACT office, and is coordinated by the ANU College of Law. The Commission also accepts student placements and internships from the ANU and University of Canberra.

Outreach The Commission provides outreach to the Canberra community through a variety of services. These services include a Health/Justice partnership with Canberra Health Services, the Older Persons ACT Legal Service (OPALS), the Family Advocacy Support Service, and the Domestic Violence Unit at the Magistrates Court. The Commission also provides drop-in advice sessions at the University of Canberra and in ACT Libraries, and works in partnership with refugee and migrant agencies, and community organisations.

Specialist Support Services The Commission provides specialist support to vulnerable people through the Community Liaison Unit. The Community Liaison Unit incudes Family Violence Officers, Aboriginal and Torres Strait Islander support staff, and Cultural Liaison Officers who specialise in working with the Culturally and Linguistically Diverse community.

Client Services The Client Services Unit is principally responsible for processing applications for legal assistance and managing the assignment of legally assisted cases to the Commission’s legal practice or to private lawyers. Because Client Services holds confidential information relating

to client cases, there is a strictly enforced information barrier between Client Services and the Legal Practice.

Corporate Services Corporate Services provides financial, human resource, records, ICT, and facilities management services to the Commission. The Finance area arranges payments to private practitioners for handling legal aid work.

Independence The Commission operates with a high degree of autonomy from government, which is essential due to the Commission’s role in protecting the legal rights and interests of individuals, many of whom are parties to actions by, or against, the executive branches of government.

The Commission’s lawyers are required to observe the same rules and standards of professional conduct as private lawyers, and are subject to the same professional duties. This means their professional duties are to the law, the court and clients, rather than to executive government.

The Commission receives the majority of its funding from the Territory and Commonwealth governments under the National Partnership Agreement on Legal Assistance Services. The Commission also receives some funding from the ACT Law Society’s statutory interest account, as well as from client contributions and interest earned on cash balances.

For further information about the Commission and the services provided through Legal Aid ACT please refer to the annual reports found on our website: www.legalaidact.org.au

______The Position and the Person ______

Position Overview The DCEO is accountable to the CEO for a range of legal and corporate functions. The DCEO leads the Commission’s Litigation Practice.

The DCEO is expected to inspire a sense of purpose and direction, encourage innovation and change, and motivate and develop teams and people. As a leader, you won’t just be someone who can manage change, you will be formulating and driving it.

You will report to the CEO and work closely and collaboratively with the legal profession and other key stakeholders, including government agencies, other legal service providers, and community services. The DCEO will represent and promote the Commission in a wide range of local and national forums.

The position deputises for the CEO when required and is part of the Commission’s Executive team. Refer to the outline of key responsibilities for further information on day to day functions.

Qualifications To be eligible for appointment you will need to be a legal practitioner who holds, or is eligible to hold, an unrestricted practising certificate under the Legal Profession Act 2006 (ACT).

Skills, Knowledge and Attributes Energy, drive, and initiative are key attributes for the DCEO position. When preparing an application, candidates will be expected to demonstrate their key achievements in relation to the knowledge, experience and leadership capabilities required for the role as outlined below:

 Legal knowledge and skills, including experience as a court advocate in complex litigation matters.  Experience in legal practice management, and the demonstrated capacity to lead, develop and effectively manage a large legal practice providing a variety of legal, community legal education, and information services.  An understanding of governance arrangements, including risk management, within a public service or private legal environment.  An ability to think strategically and effectively manage change in a complex environment, including networking and representational skills.  The ability to build collaborative working relationships with stakeholders and to represent the Commission in a variety of forums.  An understanding of the philosophy and aims of the Legal Aid Commission.

Outline of Key Responsibilities

Governance and corporate management

The DCEO plays a significant role in the governance and corporate management of the Commission, including:  Providing high level strategic and operational advice to the CEO and the Board.  Assisting the CEO in managing the affairs of the Commission including through involvement in the Executive and other management committees, and through the development and implementation of strategic and operational plans.

 Responsibility for business integrity and risk, including attendance at Board meetings and membership of the Executive Committee, the Legal Practice Management Committee, and the Audit, Performance and Risk Committee.  Responsibility for compliance with the Human Rights Act 2004 (ACT) and Freedom of Information Act 2016 (ACT) on behalf of the Commission.  Preparing responses to cabinet submissions and other government law reform proposals as required by the CEO.

Legal practice management

The DCEO assists the CEO to manage the Commission’s legal practices by:  Leading the litigation practice and ensuring the effective, efficient and economical provision of high quality legal services.  Ensuring that staff maintain high standards of professional competence and ethical conduct.  Providing developmental advice, performance feedback and counselling to the practice heads and staff of the legal practice.  Organising training to ensure satisfactory levels of skills and performance and the timely resolution of staffing issues.  Overseeing the management of the Commission‘s digital library collection and database subscriptions, including budgeting for, selecting, ordering, and accessioning library materials and resources to ensure the library remains up-to-date, relevant, and affordable.

External relationships

The DCEO will develop and maintain effective working relationships with:  The ACT Attorney-General’s office, the ACT Law Society and Bar Association, the ACT and Commonwealth Courts and Tribunals, the ACT and Commonwealth Directors of Public Prosecutions, National Legal Aid, community legal centres, and other government and community agencies providing services relevant to the Commission’s clients.  The law schools of the Australian National University and the University of Canberra through legal aid clinics, internships, and participation on a voluntary basis in the provision of legal assistance services.  Other committees and meetings relevant to the work of the Commission’s legal practice.

Other responsibilities

 Undertake other responsibilities as required by the CEO.

______Tenure and Remuneration ______

Tenure The successful applicant will be offered the position for a fixed term of up to seven1 years.

The Remuneration Package The total annual remuneration package for this position is between $266,202 and $277,760 per annum, depending on current superannuation membership. This will include a cash component of $210,138 and the use of a fully maintained privately plated vehicle (or monetary allowance in lieu), a parking allowance and fringe benefits tax allowance in accordance with the Full Time Office Holders ACT Remuneration Tribunal Determination.

Location The position is located in Canberra. An appointee from interstate may receive reasonable removal and other expenses in order to move their family and household effects to the agreed base. ______Enquiries about the role ______

Enquiries should be directed to Dr John Boersig, Chief Executive Officer on (02) 6243 3496.

______How to Apply ______

In preparing your application, you should address the skills, knowledge and attributes set out on Page 5. Applications should be emailed to: [email protected] Hard copy applications may be posted to: HR Manager (Confidential) GPO Box 512 Canberra ACT 2601

Applications must be received by close of business 10 April 2019.

1 The Commission may prefer to specify a shorter term and leave open the option of negotiating a term of up to seven years (the maximum term under section 56).

Please note:

It is our standard practice to acknowledge the receipt of all applications via email. In the event that you do not receive an email acknowledging receipt of your application, please contact Sharyn Giles, HR Manager on (02) 6243 3426.