Senior Director - Chief Legal Officer

The Aged Care Quality and Safety Commission (ACQSC) is the national regulator of Commonwealth subsidised aged care services. The ACQSC’s primary purpose is to protect and enhance the safety, health, wellbeing and quality of life of aged care consumers, promote aged care consumers’ confidence and trust in the provision of aged care services, and promote engagement with aged care consumers about the quality of their care and services. The Commission applies the range of functions and powers available under the Aged Care Quality and Safety Commission Act 2018, Aged Care Quality and Safety Commission Rules 2018 and the Aged Care Act 1997, including:

• Informing consumers and their representatives about consumers’ right to quality and safe care and services
• Approving providers of aged care
• Educating and guiding providers on their responsibilities to deliver quality and safe care and services
• Regulating aged care providers by accrediting residential services, conducting quality reviews with home services, and monitoring the quality of care and services
• Regulating aged care workers and governing persons through monitoring compliance with the Code of Conduct for Aged Care and considering suitability of key personnel, including taking enforcement action such as making banning orders
• Dealing with complaints or information given to the Commissioner about a provider’s responsibilities under the Aged Care Act 1997 or funding agreement
• Dealing with reportable incidents under the Serious Incident Response Scheme (SIRS)
• Educating and guiding providers on their obligations under the Prudential Standards in relation to liquidity, records, governance and disclosure
• Regulating aged care providers’ compliance with the Prudential Standards
• Monitoring aged care providers’ financial viability and taking proactive engagement activity to build sector financial resilience
• Responding to non-compliance by providers with their aged care responsibilities and taking regulatory and enforcement action as appropriate
• Publishing data and insights on sector and provider performance.

The ACQSC works under the Aged Care Quality and Safety Commission Act 2018, the Aged Care Quality and Safety Commission Rules 2018 and the Aged Care Act 1997. The ACQSC is a non‑corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013. Information about the Commission and its Regulatory Strategy, is available on the website.

About the Corporate Operations Group

The Corporate Operations Group (COG) is comprised of key sections including: Legal Services; Finance; Business Systems; Information, Communication and Technology (ICT); Organisational Development and Capability; Strategic Capability Projects; People and Culture; Reform and Transformation Program Office (RTPO); Governance and Risk; Property and Facility Management and Audit. The COG supports the Commission and enables staff to deliver the Commission’s purpose by:

• Supporting the Commission in meeting its service and compliance obligations to the Aged Care Sector, Government, and the wider community.
• Supporting the achievement of the Commission’s strategic priorities and outcomes by providing strategic corporate advice to enable timely, effective and efficient decision making; make the best use of resources, optimises governance and risk management; and continuously working to improve safety and performance.
• Enhancing, integrating, optimising, and developing corporate systems.
• Proving the frameworks, guidance, performance measures oversight, risk management and support to enable the Commission to operate as a single strategy-led organisation.
• Being a trusted business partner for every group.

Legal Section

The Legal Team provides strategic, informed and consistent advice on core Commission functions, as well as advice on governance, legislation, corporate and commercial matters, coronial matters, disputes and litigation, workplace and information related matters. 

More broadly, the Legal Team adopts a coordinated approach to the identification and management of organisational legal risks, provides legal training, and works closely with policy and operational units, particularly in relation to decision making and implementation of the Commission’s regulatory framework.

Position Description

The Chief Legal Officer (CLO) works collaboratively and innovatively to deliver Legal services in support of the Aged Care and Safety Quality Commission’s strategic and operational objectives. Reporting to the Executive Director, Enterprise Governance and Corporate Operations (EDEGCO), the CLO has a critical leadership and enablement function within the Corporate Services Group and across the Commission. The CLO drives change and innovation, builds capacity and delivers strategic and operational outcomes through the provision of a range of legal services in the areas of law such as administrative law, regulatory compliance, employment law, commercial law, and corporate governance.

The CLO is responsible for leading a small legal team to ensure the Commission’s compliance with various ACTs and for providing strong practical, solution focussed advice on a variety of complex matters, including policy implementation and reforms, statutory regulation and legislative compliance.

Position Duties

• Provide and manage a broad range of legal services including the provision of comprehensive legal advice and strategic policy direction on a range of issues pertaining to the Aged Care Quality and Safety Commission, including statutory regulation, administrative law, employment law, commercial law and corporate governance.
• Provide leadership, supervision and mentoring to support the development and retention of senior and junior lawyers within the unit.
• Develop and implement strategically aligned legal frameworks, processes, systems, policy and guidelines that meet the needs of the Section and the Commission.
• Assist and respond to the impact of changes in legislation and changes in the Commission’s operating environment to manage risk and support the effective regulatory operations.
• Support the Executive in managing risk by advising on measures to monitor the Commission’s compliance with requirements relating to the use of statutory powers.
• Draft a wide range of contracts, briefs and other documentation for significant and complex legal transactions.
• Instruct external legal providers where appropriate, including in relation to hearings or inquiries on behalf of the Commission.
• Support the legal work associated with the Commission’s participation in external processes such as hearings and inquiries.
• Provide input on legal matters relating to the regulation of specific Commonwealth funded aged care services.
• Represent the interests of the Commission with relevant stakeholders including other Australian Government, State and Territory representatives as well as the private sector as necessary.
• Provide strategic advice, problem solving and issues management in relation to complex and potentially controversial matters for the Chief Operating Officer and the Commission.
• Prioritise and allocate resources to manage the Legal team and deliver value for the Commission.
• Assist with the management of critical and sensitive issues to deliver consistent strategic and quality messaging in line with current policies and objectives.
• Provide leadership, direction and support to staff working in a fast-paced, high workload environment during a period of change.
• Promote a culture of privacy within the Commission that values and protects personal information.

Position Eligibility Requirements

• Highly developed leadership and management skills, including the ability to lead a team in a dynamic environment and foster a positive and supportive team culture.
• Demonstrated ability to provide high quality legal services across the range of legal issues relevant to the Commission particularly in relation to aged care, regulatory compliance and associated litigation support.
• Demonstrated legal research, analytical and problem-solving skills.
• Demonstrated high standard of oral and written communication and client liaison skills.
• Demonstrated ability to effectively manage interpersonal relationships with respect and communicate with influence with internal and external stakeholders.
• Demonstrated ability to set priorities, meet deadlines, work effectively under pressure and work effectively in a team environment as well as to work collaboratively with other legal staff in the Commission.
• Capacity to work in a busy environment, working with competing priorities and ability to effectively manage and prioritise workload among a team to deliver agreed outcomes.

The Chief Legal Officer is expected to meet the EL2 level capabilities outlined in the APS Integrated Leadership System and the behavioural expectations outlined in this framework.

Essential requirements

• Tertiary Legal qualifications with a strong academic record
• Admission as a legal practitioner in an Australian Court with a minimum 8 years’ relevant post-admission experience.
• Eligibility to hold an unrestricted Government practising certificate.
• Eligibility for baseline level security clearance.

Desirable qualifications or experience

• Experience working in government/public sector.
• Experience working in a regulatory environment.

Please note: Interviews will be conducted on Friday 19th April 2024.

Position Notes

Only candidates who hold Australian citizenship can apply. Appointment is conditional on successfully completing a national police check. For more information please visit www.apsc.gov.au/citizenship-aps

In your application please provide a statement of claims against the Eligibility Requirements in no more than 600 words.

Merit Pool established through this selection process may be used to fill this or future Ongoing vacancies.

How to Apply?

1. Navigate to ‘Current Vacancies’ section of the careers page and locate the relevant job title. All documentation relating to the role and application process will be located here.
2. Click on the job title and at the bottom of the Advertisement you will be asked to create an account If you are a first-time user or to sign in to complete your application.
3. As part of your application you will be requested to complete a statement of claim and attach your Resume. Cover letter is optional
4. Click ‘Apply Now’ when you are ready to submit your application.

Please complete an online application form and submit to https://www.agedcarequality.gov.au/about-us/careers/current-vacancies by 11:59pm (AEST) on 08th April 2024.

Only completed applications will be accepted. 

Contact Officer

Please contact our recruitment team on (02) 9633 3*** or ***************@agedcarequality.gov.au for assistance with accessing our website or with lodging your application. Specific questions about the role can be directed to Mel Bryant by emailing ***************@agedcarequality.gov.au with Position title in the subject line.

Diversity and Inclusion

The Commission is committed to fostering a workplace with flexible work arrangements to support a diverse, respectful and inclusive culture for all staff. 

The Commission recognises the richness of Aboriginal and Torres Strait Islander cultures and is committed to the implementation of our Reconciliation Action Plan. The Commission values the unique knowledge and experience of Aboriginal and Torres Strait Islander employees which strengthens and supports our focus on protecting and enhancing the safety, health, wellbeing and quality of life of aged care consumers.

Further information:

For further information about the Quality Commission, office locations and other related resources, please visit https://www.agedcarequality.gov.au

For more information on the Australian Public Service, please visit http://www.apsc.gov.au/publications-and-media/current-publications/cracking-the-code/factsheet-4 and http://www.apsc.gov.au/publications-and-media/current-publications/cracking-the-code.