Assistant Director (EL1), Enforcement Action

About the Office of the Australian Information Commissioner

Working with the Office of the Australian Information Commissioner (OAIC) will put you at the forefront of data protection and access to information regulation. As an independent statutory agency, the OAIC’s work is of national significance and plays an important role in shaping Australia’s information handling landscape across the economy - from government, digital platforms and the online environment, to health, finance and telecommunications. Our mission is to uphold and promote Australia’s privacy and freedom of information laws.

We are an agency within the Attorney-General’s Department portfolio with responsibility for:

• privacy functions under the Privacy Act 1988 and the Digital ID Act 2024
• freedom of information functions, in particular review of decisions made by agencies and ministers under the Freedom of Information Act 1982
• privacy and confidentiality functions in relation to the Consumer Data Right (CDR) under the Competition and Consumer Act 2010 (CCA).

The team

The Regulatory Action division oversees the management of compliance, investigation and enforcement to promote adherence to the FOI Act and Privacy Act. This includes the management of Commissioner-initiated and some high-risk complaint investigations, complex NDB matters, general and funded assessments (including those for CDR and digital ID), and the enforcement of privacy and FOI legislation through legal action. This branch provides the agency with expertise in enforcement, investigations, and litigation, and ensures the OAIC can regulate proactively and strategically.

The Enforcement Action team supports Regulatory Action through working collaboratively with the Investigations & Compliance teams (as well as other areas of the Agency), managing enforcement litigation and regulatory action. This team is directed by the work of the Investigations and Compliance teams to guide activity and provides strategic advice to the compliance and investigation work as required. This team also contributes to legal strategy and supports the Commissioner to pursue civil penalties and take other enforcement action. This team supports the Commissioners to deliver the ongoing strategic regulation approach of the OAIC.

About The Role

The Assistant Director (EL1), Enforcement Action, reports to the Director, Enforcement Action.

Duties may include:

• Manage litigation, including the Information Commissioner’s civil penalty proceedings and other significant matters, with support from external lawyers
• Conducting legal research and preparing legal and strategic advice (oral and written) to assist the Investigation and Compliance teams in their regulatory activities
• Drafting complex determinations and other enforcement documentation
• Providing legal input into briefs and submissions on law reform proposals relevant to FOI and privacy law
• Liaising effectively with both internal stakeholders including the business areas, and with external stakeholders, including external legal service providers, Counsel and other government agencies
• Representing the OAIC in internal and external forums
• Sharing knowledge within the team, training of staff and the development of guidance material.
• Other duties as required.

You will also support the OAIC’s shift towards a more harm-focused approach that actively engages with risk to develop legally sound solutions.

You will maintain a high level of integrity and discretion and abide by the APS Code of Conduct, combined with a demonstrated understanding of the principles and practices of WH&S, equity, and diversity in the workplace.

Job Specific Capabilities, Skills & Experience

We are seeking applications from candidates who have:

• Legal qualifications including the ability to obtain and maintain a practicing certificate
• Experience operating in a regulatory environment
• Broad legal experience working with/in government, including litigation experience
• Knowledge of the Freedom of Information Act 1982 and the Privacy Act 1988
• Ability to provide impartial and forthright advice
• Experience in leading, guiding and mentoring a team.

These duties are to be performed in accordance with the APS Code of Conduct and APS Values and Office policies, including Workplace Diversity and Work Health and Safety. Under section 25 of the Public Service Act 1999 the Office may re-assign the duties of an employee from time to time.

You are encouraged to familiarise yourself with the APS Work Level Standards for your relevant classification.

Security requirements

You must be able to obtain and maintain a Negative Vetting Level 1 security clearance.

Position location

The OAIC operates a hybrid work model with a combination of remote working and office attendance.  Whilst the OAIC office is located in the Sydney CBD (and preferred), we will consider candidate applications from all other locations within Australia.

The OAIC values face-to-face interaction and fostering connection between our people and with our stakeholders. The OAIC’s hybrid work model expects in office attendance when the type of work or task is better suited to being completed from an office, for example, staff inductions and onboarding, planning days, relationship building activities and project or collaborative work.

Remuneration and benefits

EL1 salary: $117,674 - $125,876 per annum plus 15.4% superannuation

The OAIC is committed to enabling its people to perform at their best and offers the following benefits:

• Opportunity to work at the cutting edge of privacy and data protection, paving the way for future career opportunities.
• Access to ongoing professional development, with a capability framework to guide skill enhancement.
• Genuine flexibility to help achieve a balance between work and home life.
• Additional paid leave over the Christmas to New Year period as well as access to other leave (e.g. for study or moving).
• Contribution to your wellbeing through subsidies for eye health, flu vaccinations and a wellbeing allowance.

The OAIC is committed to diversity and inclusion. We encourage and welcome applications from people living with disability, Aboriginal and Torres Strait Islander peoples, LGBTIQ+ people, people from culturally and linguistically diverse backgrounds, and mature age people.

Eligibility

• Section 22 of the Public Service Act 1999 requires that APS employees must be Australian citizens.
• There are restrictions on employment of people who have, within the previous 12 months, accepted a redundancy benefit from an APS agency or a non-APS Commonwealth employer.
• For the duration of your employment with the OAIC you will be required to obtain and maintain an Australian Government security clearance at the Negative Vetting Level 1 and meet required background, identification and character checks.
• Note: All duties are to be performed in accordance with the APS Code of Conduct and APS Values and OAIC policies, including Workplace Diversity and Work Health and Safety. Under section 25 of the Public Service Act 1999 the OAIC may re-assign the duties of an employee from time to time.

How to Apply

1. Please complete the application form found at the end of this job pack as part of your submission.
2. Please provide:
   1. a resume (aim for a maximum of 2-3 pages) and
   2. statement of claim of up to one A4 page, addressing the duties, capabilities, skills and experience relevant to the role outlined above. Your statement should include the use of practical and professional examples of your skills and experience as relevant to the role.
3. Your application form, CV and statement of claim should be collated as one document (where possible) and sent in a single email to: jobs@oaic.gov.au.  Please ensure your email includes your full name in the email subject field, along with the job reference number found on the front page of this pack.