• Job Description

  Req#: 134073

  Job Req ID

  Home Affairs - 134073

  Location

  NSW; ACT; NT; QLD; SA; TAS; VIC; WA

  Classification

  Principal Legal Officer - $152,156.00 and $170,827.00 plus 15.4% super (part time pro-rata)

  Employment Type

  Ongoing (Permanent), Full-time

  Flexible work

  Flexible arrangements available

  Contact Officer

  Peter Frank on 02 6264 1279 or peter.frank@homeaffairs.gov.au

  Applications close on 09/09/2024 at 11:59pm AEST (midnight) - Late applications will not be accepted.

  About our opportunity

  This process is being used to fill several immediate vacancies. A merit pool may be established and used to fill similar vacancies for up to 18 months.

  About our teams

  Group Manager Legal | Group Manager Legal | Migration & Citizenship Litigation and CSO Taskforce | Various

  Migration and Citizenship Litigation

  The Migration and Citizenship Litigation Branch manages the Portfolio's litigation caseload in regard to refugee, migration and citizenship matters in cooperation with outsourced legal service providers. The Branch ensures that the relevant policy settings are understood and communicated to these service providers, arguments consistent with these positions are conveyed to the courts, and that the implications of court decisions are communicated to the relevant policy and operational areas. The Branch provides legal advice about and initiates applications/appeals for review of adverse decisions by tribunals and courts. The Branch also manages litigation involving character cancellation and refusal decisions, medical transfers from regional processing countries and applications for injunctions in relation to the enforcement of removal decisions.

  The Migration and Citizenship Litigation Branch case load continues to grow forming a substantial part of a larger administrative law caseload of around 17,500 matters.

  Community Safety Order Taskforce

  On 8 December 2023, the Migration Amendment (Bridging Visa Conditions and Other Measures) Act 2023 (Cth) came into effect. Relevantly, this Act inserts Division 395 into the Criminal Code. Division 395 establishes a regime for enabling the Minister for Immigration to apply to a Supreme Court of a State or Territory for a Community Safety Order (CSO) in respect of non-citizens that have been previously convicted for a "serious violent or sexual offence" or a "serious foreign violent or sexual offence" and where their circumstances meet other statutory conditions.

  There are two types of CSOs available under the scheme, namely:

  • Community safety detention orders (CSDO), the effect of which is to commit a person subject to such an order to detention in a prison for the period the order is in force; and

  • Community safety supervision orders (CSSO), the effect of which is to impose on a person residing in the community who is subject to such an order of certain conditions, the contravention of which is an offence.

  A Taskforce was established to administer the new Commonwealth Community Safety Order Scheme. This is a rare opportunity to do quasi criminal and admin law work focused on protecting the Australian Community. The CSO Taskforce within Legal Group is responsible for leading work on progressing applications under the CSO Scheme and supporting the Immigration Minister in the exercise of their functions under Division 395.

  
  This includes assessing NZYQ affected individuals for eligibility under the CSO Scheme; gathering information from Departmental, Commonwealth, state and territory stakeholders to assist prioritising the most high priority individuals; and progressing work necessary to make a CSO application to a Supreme Court.
  

  Please visit our website for more information about the Department of Home Affairs or Australian Border Force

  About the role

  The Principal Legal Officer (PLO) role is an important part of a large in-house legal team providing high level support and legal advice to the Department and Minister. The PLO leads and supervises a team of approx. 5-6 Senior Legal Officers and up to 5-6 Legal Officers with responsibility for managing a complex, diverse, high volume and high profile caseload.

  The PLO is required to have wide ranging knowledge and understanding of the legal, social political and economic context on which the Department operates. The PLO must have high level technical/specialist knowledge in administrative and migration, particularly relating to student, skilled, family, visitor and bridging visas and relevant cancellation powers, or the ability to quickly develop this knowledge. The PLO is also required to have a good understanding of the procedures of the Federal Courts of Australia.

  Our ideal candidate

  Capabilities:

  • Ability to translate technical and complex legal information coherently and concisely for a range of audiences

  • Responsive to change

  • Ability to provide vision and meaningful direction to staff

  • Ability to effectively exercise high level judgement and common sense in litigation related matters

  • Ability to provide effective leadership to the relevant Section

  • Experience in effectively managing a large, complex and high profile litigation caseload and representing the Minister's interests in litigation proceedings

  • Experience in providing high quality, client focused, legal advice in a clear and concise manner.

  Skills:

  • Well-developed stakeholder engagement and relationship management skills

  • High level communication skills, both written and oral.

  Knowledge:

  • High level technical knowledge in Administrative/Migration Law

  • Well-developed knowledge of the procedures of the Australian Federal Courts

  • Wide ranging knowledge of Government policies and programmes and an appreciation of their application to the departmental operations.

  Duties and responsibilities

  • Effectively exercise high level judgment and common sense in migration and protection litigation related matters

  • Provide effective leadership to the relevant Section

  • Ensure that the arguments made before the Courts are consistent and in compliance with the Legal Services Directions 2017

  • Provide legal advice on complex or highly sensitive matters including advising on minimising legal risk

  • Provide instructions to the Department's external legal service providers

  • Provide support to the Assistant Secretary and General Counsel as and when required

  • Maintain productive relationships with internal client areas, other Commonwealth stakeholders and external legal service providers

  • Analyse judgments and distil legal issues into plain English.

  Additional information

  Essential Qualifications:

  • A degree in law from an Australian university, or a comparable overseas degree which is recognised in Australia for admission to practice

  • Practising Certificate or eligibility to attain one.

  How to apply

  Submit your application and CV through the Home Affairs’ recruitment system (ourPeople) before the closing date on 09/09/2024 at 11:59pm (midnight) AEST – Late applications will not be accepted.

  As part of your application you will be required to prepare and submit a one-page applicant response document in relation to the advertised role, outlining:

  • How your skills, knowledge, and experience will be relevant to this role

  • Why you are interested in the role and what you can offer us

  • Any specific examples or achievements that demonstrate your ability to perform the role

  Applicant response documents must be a minimum 11pt font in MSWord or PDF format, include your full name and the Requisition Number – 134073 in the document footer.

  Prior to preparing your response it is recommended you review the Work Level standards relevant to the classification you are applying to. It may also be useful to refer to the Integrated Leadership Systems information relevant to the classification.

  Eligibility

  To be eligible for the position you must be an Australian Citizen.

  The successful candidate will be required to obtain and maintain a Negative Vetting Level 1 (AGSVA) security clearance and an Employment Suitability Clearance (ESC).

  Diversity and inclusion

  The Department is committed to workforce diversity and applicants who are Aboriginal and/or Torres Strait Islander, come from a diverse cultural or linguistic background or have a disability are encouraged to apply.

  RecruitAbility applies to this vacancy. Under the RecruitAbility scheme you will be invited to participate in further assessment activity for the vacancy if you choose to apply under the scheme; declare you have a disability; and meet the minimum requirements for the job. For more information visit: https://www.apsc.gov.au/recruitability

  Technical assistance

  For technical enquiries please call or email for assistance:

  • Email: recruitment@homeaffairs.gov.au
  • Phone: 1300 793 883 (within Australia) or +61 2 6196 0444 (outside of Australia)

  Please include any applicable screen captures, a response will be provided during business hours.

  Notes

  The Department of Home Affairs offers an attractive remuneration package, including salary, superannuation benefits and flexible working conditions appropriate to the level of the position.

  The Department may provide relocation assistance to eligible APS employees required to relocate. The level of assistance will vary depending on the reason for relocating and your personal circumstances. For further information please enquire with the contact officer listed in the advertisement.

  Information about employment and advice on how to apply for vacancies can be obtained from the Department’s website at https://www.homeaffairs.gov.au/about-us/careers

  Candidates should be aware that in roles where vaccination against COVID-19 is required by public health orders/directions or other legislation proof of vaccination will be required. If a candidate is not fully vaccinated or is unwilling to be vaccinated within a reasonable time period, they may not be offered that role.

• About the company

  The Department of Home Affairs is the Australian Government interior ministry with responsibilities for national security, law enforcement, emergency management, border control, immigration, refugees, citizenship, transport security and multicultural a...

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