Principal Director (Head of Legal) Corporate Legal Services

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).

Leadership roles in the OAIC

Leadership within the OAIC work as a united team, collaborating and supporting each other and staff in achieving outcomes for the Australian community, and ensuring the agency’s success.

You will demonstrate leadership that aligns with the values of the OAIC, which include:

• Modelling and championing the OAIC’s Guiding Principles (‘4 Pillars’): being proactive, proportionate, purpose-driven and people-focused
• Possessing integrity and demonstrating alignment with the APS Values: Impartial, Committed to service, Accountable, Respectful, Ethical and Stewardship
• Empowering staff to make decisions and supporting a shift to a more harm-focused regulatory approach for the OAIC that considers risk in a proportionate manner and is not risk averse
• Supporting OAIC’s Commissioners to set the strategic direction of the OAIC, communicating that direction internally and externally, and leading your team to deliver on it.

Teams/functions the role oversees

Corporate Legal Services’ primary areas of focus are corporate legal matters (e.g., industrial relations, contract management), administrative law, and litigation. Corporate Legal Services is likely to have some privacy and FOI expertise. Whilst this expertise will primarily be housed elsewhere in the agency, an active contribution from the legal team will assist in management of the OAIC’s corporate responsibilities in these domains. Corporate Legal Services will contribute to continuous improvement and capability uplift through the OAIC through collegiate engagement and advice.

Key relationships

You will be expected to develop and maintain effective and productive working relationships with a broad range of external stakeholders including portfolio agencies, government, academia, private sector and the Minister’s Office. You will represent the OAIC (for activities both within and outside your division) at high levels within and outside government. You will be required to build and maintain strong working relationships across the OAIC, particularly with the Commissioners and SES colleagues.

You will provide leadership, guidance and mentoring of staff within your division to foster their professional development and career progression.

About The Role

The Principal Director (Head of Corporate Legal Services) reports directly to the Australian Information Commissioner, performs the functions of OAIC’s General Counsel as described in the Australian Government Legal Service (AGLS) General Counsel Charter, and leads OAIC’s Corporate Legal Services team.

You will lead OAIC’s Corporate Legal Services team which is responsible for the delivery of independent and expert legal advice to the OAIC’s Commissioners and Executive and managing the conduct of litigation brought against the OAIC. The role supports OAIC functional areas to access external legal support where needed, and to identify and manage legal risk. Corporate Legal Services staff may appear for the Information Commissioner in tribunals on lower-risk matters and instruct external lawyers on higher-risk matters and court-based litigation. Corporate Legal Services will also support the Information Commissioner to certify compliance with the legal services directions. Corporate Legal Services will contribute to the delivery of the OAIC’s stated priorities and principles.

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

You will perform the functions of OAIC’s General Counsel as described in the AGLS General Counsel Charter. You will lead your team with a high degree of independence and will support the Commissioners in establishing priorities, practices and methodologies to deliver quality legal outcomes for the OAIC.

You will lead your team with a high degree of independence and will support the Commissioners in establishing priorities, practices and methodologies to deliver quality legal outcomes for the OAIC.

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.

Key duties include:

• Transforming how the OAIC delivers legal services, to deliver on OAIC Commissioners’ strategic intent, and embedding a client service approach to the delivery of legal services
• Delivering effective, fit for purpose and succinct legal advice and related services relevant to legal and regulatory matters across different parts of the agency
• Ensuring each matter is managed strategically and efficiently, risks are considered and that we have strived to achieve the desired outcome for the OAIC and the Australian public
• Overseeing the preparation of materials for consideration by the Commissioners, ensuring accuracy and deadlines are met
• Providing impartial and frank verbal and written advice to Commissioners and stakeholders
• Exercising delegation and judgement on the principles of good administrative decision making
• Providing expert advice and guidance on FOI and privacy matters to the Commissioners outlining risks and opportunities
• Developing and embedding systems and practices to ensure the effective oversight of the legal practice within the OAIC, including allocation and supervision of a discrete team of lawyers, supporting their professional development and the achievement of key performance indicators to deliver timely and effective outcomes
• Engaging with key external stakeholders on legal matters, as appropriate
• Coordinating submissions and, where required, represent the OAIC in complex matters before parliamentary committees and other public and government forums.

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 or advising on regulatory legal issues
• In depth knowledge of the Public Service Act 1999, the Freedom of Information Act 1982 and the Privacy Act 1988 or an ability to quickly gain that knowledge
• Ability to provide expert advice across various areas of law
• Broad legal experience working with or within government, including litigation experience
• Ability to provide impartial and forthright advice to Commissioners’ and stakeholders
• Excellent negotiation skills combined with highly developed communication and people skills
• Experience in managing people to achieve organisational priorities.

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.

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

Salary will be negotiated with the successful candidate, commensurate with the work level standards at the EL2 level.

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 a statement of claim of up to 2 A4 pages, addressing your interest, motivation and fit for the role. Your statement should include the use of practical and professional examples as relevant to the role and the job specific capabilities, skills and experience outlined above.
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.