El1 Senior Legal Adviser, Statutory Oversight Team

Comcare has an Ongoing Vacancy for an EL1 Senior Legal Adviser, in the Statutory Oversight Team.

A merit pool will be created to fill similar ongoing and non-ongoing vacancies 

Team Overview

Comcare is a statutory body established under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), with a focus on participation and productivity through healthy and safe workplaces. 

Comcare administers the Commonwealth's statutory framework for rehabilitation and workers' compensation under the SRC Act and is the national work health and safety regulator under the federal Work Health and Safety Act 2011 (WHS Act). 

Comcare also manages common law liabilities under the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 (ARC Act) and supports both the Safety, Rehabilitation and Compensation Commission and the Seafarers Safety, Rehabilitation and Compensation Authority.

The Legal Group provides legal services and support to Comcare to perform these functions and is based in both Canberra and Melbourne. 

The work of the Legal Group is diverse and varied, and includes:

investigation and prosecution support regarding alleged breaches of the WHS Act;

• legal advice and decision support for Comcare’s claims management functions, conducting merits review proceedings in the Administrative Appeals Tribunal (AAT), conducting judicial appeals and providing legal and strategic advice on evidence and risk;
• legal advice and support for all legislation administered by Comcare, including corporate and governance functions;
• legal advice and support for all of Comcare’s administrative legal functions;
• developing delegated legislation and support to Comcare’s involvement in developing primary legislation;
• responding to external review enquiries;
• supporting the Safety, Rehabilitation and Compensation Commission and Seacare Authority; and
• monitoring and managing litigation across the Comcare scheme.

Team and Role Overview

The Statutory Oversight team is responsible for providing expert advice on the application of statutory processes to business areas within Comcare and acts as Comcare’s liaison with the Office of the Australian Information Commissioner and the Commonwealth Ombudsman. The team is responsible for receiving Public Interest Disclosures (PID) and co-ordinating PID investigations. 

Statutory Oversight actively promotes Privacy and develops Comcare-wide privacy training and is responsible for ensuring Privacy Impact Assessments are completed and that Comcare’s activities are consistent with the Privacy Act. 

Statutory Oversight also facilitates administrative access to personal information under the statutory requirements in the SRC Act.

The Senior Legal Adviser supports the Principal Legal Adviser and provides client-focused high level, specialist legal and strategic advice and support to Comcare staff to ensure compliance with statutory obligations.

The Senior Legal Adviser will resolve problems and manage risk effectively and manage their own workload in a manner consistent with the APS Values and Code of Conduct, the Legal Services Directions 2017, and internal Comcare procedures.

The Senior Legal Adviser will achieve organisational objectives through successful planning and participating, contributing and collaborating across Comcare and with external stakeholders. The Senior Legal Adviser manages a small team that has responsibility for Comcare’s obligations under various statutory processes and is responsible for:

• delivering high quality, timely strategic advice on complex administrative law matters including FOI and privacy and may undertake complex administrative decision making on sensitive matters.
• legal research, analysis and evaluation, preparing reports and providing advice in administrative law areas including Privacy and FOI
• nurturing complex relationships with internal and external stakeholders including clients, service providers, licensees and premium payers
• supervision, quality assurance, training, support and development of other team members
• initiating and driving continuous improvement and managing change.

Mandatory Qualifications 

Tertiary qualifications in law including current practising certificate in an Australian state or territory.

Eligibility and Specific Conditions of Employment

1. Australian citizenship.
2. Character clearance (police records check).
3. Health clearance.
4. Six months probationary period for new engagements.

How to apply

The job information pack including how to apply can be obtained from our website: https://www.comcare.gov.au/about/careers/current-vacancies 

Closing date: 25 March 2024 at 11:00pm (Australian Eastern Daylight Savings Time)