Interception of Communications Commissioner information pack by zhouwenjuan

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									               CHIEF SECRETARY’S OFFICE

                   APPOINTMENT OF THE

     INTERCEPTION OF COMMUNICATIONS COMMISSIONER



                      INFORMATION PACK

                              Contents




1.                        Advertisement



2.                   Background Information



3.                       Job Description



4.                     Person Specification



5.             Main Terms and Conditions of Service



6.                       Application Form



7.                     Selection Procedure




                                  1
SECTION 1
                               CHIEF SECRETARY’S OFFICE


                                  APPOINTMENT OF THE

             INTERCEPTION OF COMMUNICATIONS COMMISSIONER

                    __________________________________________________



Applications are invited for the position of Interception of Communications Commissioner (‘the
Commissioner’) to be appointed by His Excellency the Lieutenant Governor in accordance with
the provisions of section 9 of the Interception of Communications Act 1988 (‘the Act’). The
Commissioner will carry on the functions laid down in the Act, namely:

   •   to keep under review the carrying out by the Chief Minister of the functions conferred on
       him by the Act;
   •   to give the Interception of Communications Tribunal all such assistance as may be
       required for the purpose of enabling them to carry out their functions under the Act; and
   •   to report annually to the Governor in Council

Applicants must meet the following criteria:-

   •   A qualified advocate, barrister or solicitor of at least 10 years standing.
   •   A comprehensive knowledge and understanding of Manx Law.
   •   A high level of professional achievement in the areas of law in which they have been
       engaged.

The information pack and application form is available at www.gov.im/cso/public_bodies.xml
and from the Chief Secretary’s Office, Third Floor, Government Office, Bucks Road, Douglas, Isle
of Man IM1 3PG, telephone 01624 685211.

Further information about the post can be obtained at the above address from Karen Scott,
Senior External Relations Manager, Chief Secretary’s Office, telephone 01624 686863.

Applications should be marked I n Confidence and sent to the Director of Crown and External
Relations, Government Office, Bucks Road, Douglas, Isle of Man, IM1 3PG.

The closing date for applications is Monday 7 November 2011 at 5.00pm




                                                2
SECTION 2
                             BACKGROUND INFORMATION


The post holder will be appointed by the Lieutenant Governor to the office of Interception of
Communications Commissioner (‘the Commissioner’) and will be responsible for the statutory
functions set out in section 9 of the Interception of Communications Act 1988 (‘the Act’),
namely:


   •   To conduct an annual review of all warrants issued by the Chief Minister under section 2
       of the Act, to ensure such warrants are compliant with all relevant legislation. This
       includes, for example, ensuring that any warrant issued by the Chief Minister is
       connected with a matter of national security or for the purpose of preventing or
       detecting serious crime, only. Any such review would necessarily establish whether the
       information could reasonably be acquired by other means.

   •   To prepare an annual report for the period ending on the 31 December for the Governor
       in Council, setting out information relating to the number of warrants issued during the
       period of the report, how many warrants remain in force at the end of the period and
       based on a review of the warrants a statement to the effect the Commissioner is
       satisfied that functions under the Act have been carried out in accordance with the Act,
       or not. The annual report is laid before Tynwald.


   •   To provide assistance to the Interception of Communications Tribunal (‘the Tribunal’) as
       required, enabling them to carry out their functions under the Act. The Tribunal sits on
       an ad hoc basis to consider any application made to it by a person who believes that
       communications sent to him, or by him, have been intercepted in the course of
       transmission.




The Commissioner will be accountable via the Chief Secretary, to the Lieutenant Governor.




                                               3
SECTION 3

                                     JOB DESCRIPTION

      ___________________________________________________________________________



1   Purpose: The purpose of the role is to oversee certain functions of the Chief Minister, to
    provide assistance to the Interception of Communications Tribunal and to report annually to
    the Governor in Council.

2   Jurisdiction: The jurisdiction of the Commissioner is set out in section 9 of the Interception
    of Communications Act 1988 (‘the Act’).

3   Main Activities:

    The main activities of the Commissioner are as follows:



          a. To keep under review the carrying out by the Chief Minister of the functions
             conferred on him by the Act;


          b. To give the Interception of Communications Tribunal all such assistance as may be
             required for the purpose of enabling them to carry out their functions under the
             Act;

          c. To report annually to the Governor in Council;

          d. To receive a copy of every report made by the Tribunal; and

          e. To make a report to the Governor in Council if it appears to him that there has
             been a contravention of the Act (concerning the issue of warrants, their scope,
             duration and amendment) which has not been the subject of a report made by the
             Tribunal, or that any arrangements made for the purposes of allowing him to
             make his annual report to the Governor in Council have proved inadequate.




                                                4
SECTION 4
                                      Person Specification


Post:                  Interception of Communications Commissioner

Department:            Crown & External Relations Division, Chief Secretary’s Office



                        ATTRIBUTES                              METHOD OF              ESSENTIAL/
                                                                ASSESSMENT             DESIRABLE

                       Qualifications

Qualified advocate, barrister or solicitor                     Curriculum Vitae         Essential

                         Experience

10 years standing as advocate, barrister or solicitor          Curriculum Vitae /       Essential
                                                                   Interview
A high level of professional achievement in the areas of         / References           Essential
law in which they have been engaged


                    Knowledge & Skills                         Curriculum Vitae /
                                                                  Interview /
                                                                  References
Comprehensive knowledge and understanding of Manx                                       Essential
Law

Knowledge of the rules, practices, and procedures of the                                Desirable
Summary Courts and the High Court

Intellectual and analytical ability                                                     Essential

Sound judgment and decisiveness                                                         Essential

Effective oral and written communication and listening                                  Essential
skills
                                                                                        Essential
Ability to use IT

                         Disposition
                                                                  Interview /
                                                                  References
Integrity and independence                                                              Essential

Fairness and impartiality                                                               Essential

Understanding of people and society                                                     Essential

Understanding of equal opportunities and human rights                                   Essential

                                                 5
Maturity and sound temperament                                              Essential

Courtesy                                                                    Essential

Commitment, conscientiousness and diligence                                 Essential
             Circumstances/Interests

Full Driving Licence                                       Pre-employment   Desirable
                                                                Check
Flexibility to working outside of normal hours including      Interview     Essential
weekends
                                                           Pre-employment   Desirable
Isle of Man Worker                                              Check




                                                6
SECTION 5
           INTERCEPTION OF COMMUNICATIONS COMMISSIONER

                          MAIN TERMS AND CONDITIONS

1.   Tenure

     The appointment will be made by the Lieutenant Governor pursuant to the provisions of
     section 9 of the Interception of Communications Act 1988. The appointment will be for
     three years. The successful applicant will be eligible to re-apply for the position. The
     normal retirement age for the position is 70 years of age.

2.   Duties

     The duties of the Interception of Communications Commissioner are as indicated in the
     Job Description.

3.   Remuneration

     The Commissioner shall be remunerated at a rate of £89.50 per hour; there will be a
     guaranteed minimum payment per annum of £3,356.25. Remuneration of £89.50 per
     hour will be payable for any additional hours worked above this, subject to a monthly
     claim made to the Chief Secretary’s Office. The Commissioner may also invoice the Chief
     Secretary’s Office for reasonable travel costs and expenses.

     As the holder of an Office, all remuneration payable to the Commissioner is subject to
     Income Tax Instalment Payments (I.T.I.P.) and National Insurance Contributions.



4.   Hours of Work

     The Commissioner has no pre-determined hours of work but is expected to be available
     throughout the year, subject to periods of absence notified in advance to the Chief
     Secretary, and to work as necessary to fulfil the role and responsibilities attaching to the
     appointment.

5.   Superannuation

     The appointment is not superannuable.

6.   Annual Leave

     This appointment does not include an entitlement to paid annual leave.



                                               7
7.    Sickness Scheme

      This appointment does not include an entitlement to paid sick leave.

8.    Maternity and Paternity Leave

      This appointment does not include an entitlement to paid maternity of paternity leave.

9.    Termination of Appointment

      The Commissioner shall hold office pursuant to the provisions of section 9 of the
      Interception of Communications Act 1988 and may be removed from office at any time
      by the Lieutenant Governor.

      Removal from office would, save in the case of gross misconduct or bankruptcy, be on
      the basis of 3 months’ notice in writing to the Commissioner and for good cause which
      may include any of the following:-

      a)    Inefficiency or capability
      b)    Ill-health, where there is not a reasonable prospect of recovery and return to duty
      c)    Unsatisfactory conduct
      d)    Some other substantial reason

      The Commissioner may be suspended from office at any time for good cause

      In cases where the Commissioner is at risk of removal from office he or she will have the
      right to be fully informed of the charges against him or her, to be represented at any
      hearing, to make a full defence and to be judged by an independent and impartial
      tribunal.

      The Commissioner may resign at any time by application to the Lieutenant Governor by
      giving not less than 3 months’ notice, save in the event of ill-health dictating a shorter
      notice period.



10.   Conduct and Performance

      The Disciplinary Procedures in the Civil Service Regulations will be used, should the need
      arise, with appropriate amendments to reflect the nature of this appointment.

      NOTE:        For the purposes of the Discipline Procedures in Civil Service Regulations:-

      (a)      The office of Commissioner shall be deemed to be a Chief Officer in the event
               that a complaint is made, and all references to the Minister shall be replaced by
               “the Lieutenant Governor”;



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      (b)    All disciplinary matters relating to the Commissioner will be dealt with by the
             Chief Secretary on behalf of the Lieutenant Governor, who shall apply Civil
             Service Regulations with such amendments as he deems appropriate.

11.   Grievance

      If the Commissioner has a grievance, the Grievance Procedures in the Civil Service
      Regulations will be used, should the need arise, with appropriate amendments. In such
      cases the Grievance Handling Form shall be amended to delete references to the Civil
      Service.

      If a grievance is made against the Commissioner, this will be dealt with by the Chief
      Secretary on behalf of the Lieutenant Governor.

12.   Travel and Transport

      The Commissioner is required to make his or her own transport arrangements for the
      performance of his or her duties for which no official vehicle will be provided.

      It is the responsibility of the Commissioner to ensure that, if he or she uses his or her
      own private car in the performance of his or her duties, he or she is adequately insured
      against all third-party claims.

      The Commissioner may claim reasonable business expenses for travel and subsistence,
      subject to the limits established by orders made under the Payment of Members
      Expenses Act 1989

13.   Outside Activities and Interests

      While holding office the Commissioner must ensure that his or her conduct is of a
      manner consistent with the authority and standing of the appointment. He or she must
      not, in any capacity, engage in any activity which might undermine, or be reasonably
      thought to undermine, their independence or impartiality. He or she may not undertake
      any task or engage in any activity which in any way limits his or her ability to discharge
      his or her statutory duties to the full. He or she should so conduct his or her private
      affairs so as to minimise the possibility of conflict or embarrassment. If any doubt arises
      on the application of these principles, guidance should be sought from the Chief
      Secretary.

      The rules as to the acceptance of gifts, rewards and other benefits for established civil
      servants shall apply.

      The guidance in the foregoing paragraphs or under the rules for civil servants are not
      exhaustive and where there is any doubt a view should be sought from the Chief
      Secretary.



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14.   Acceptance of outside appointment

      The Commissioner accepts the appointment on the understanding that he or she shall
      provide the Chief Secretary with details of an existing, and during the tenure of his or
      her appointment, any new outside appointments, whether paid or unpaid, in order that
      consideration may be given to any conflicts of interest that may arise out of such
      appointment.

      Should any such appointment give rise to a conflict of interest, the Commissioner is
      required either to remove himself or herself from such appointment, or otherwise submit
      their resignation as Commissioner, to the Lieutenant Governor.

15.   Relocation Fees, and Expenses

      Relocation fees and expenses will not be paid.

16.   Variation of Terms

      The provisions in respect of the administration of justice or applying to established civil
      servants as set out in Civil Service Regulations may be updated, amended or augmented
      from time to time, and will similarly apply to this appointment.




                                                                          Chief Secretary’s Office
                                                                                   October 2011




                                              10
SECTION 6
                                       APPLICATION FOR POSITION OF
                INTERCEPTION OF COMMUNICATIONS COMMISSIONER

                                                    Confidential


   Please refer to the attached notes for applicants before
   completing this form.
   Please complete ALL relevant sections of this form and return it along with a current Curriculum Vitae.




Personal Details

   Surname

   First Name(s)

   Title

   Contact Address


                                                                                           Post Code

                                             Y
                                                          N
   Are you aged 18 – 65?                     e                        (applicants must be aged between 18 and 65 years)
                                                          o
                                             s

   Contact Tel. Number(s)

Character
If the answer to any of the following questions is Yes, please supply details on a separate
sheet.

Are you currently the subject of any criminal proceedings?                                                Yes         No

Have you ever been convicted of a criminal offence?                                                       Yes         No

Have you ever made a composition with your creditors or been adjudicated bankrupt?                        Yes         No

Have you ever had a civil judgment for debt or taxes or rates against you?                                Yes         No

Have you ever had any findings of professional misconduct made against you?                               Yes         No

Is there any additional information which should be provided which may call into question
                                                                                                          Yes         No
whether it is appropriate for you to be appointed to judicial office?
Health Status

Please state details of sickness absence from work or education during past two            No. Absences         No. Days (Total)
years.

Are you Disabled?                                                                                         Yes           No

If the answer to the question is Yes please supply details on a separate sheet including
any assistance you may need to attend for interview.
Miscellaneous

Do you hold a full, current Isle of Man/UK valid Driving Licence?                                         Yes           No


                                                          11
How much notice does your present employer require?

From which publication or other source did you learn about this post?



References


Please provide the names and addresses of two persons from whom references may be obtained.
References may be taken up prior to interview if you are short listed, unless you indicate otherwise in the space provided.
Referee names should not be given without the consent of the person concerned.
First Reference

May we approach this referee prior to interview?                                                        Yes            No *

Name

Job Title

Address
                                                                                      Post Code

Second Reference

May we approach this referee prior to interview?                                                        Yes            No *

Name

Job Title

Address
                                                                                      Post Code

* If you have indicated that we may not approach a referee we will only do so if you are successful in being offered the
  position and on you giving your express permission.
Declaration
I declare that to the best of my knowledge the information contained in this form and my C.V. is true and accurate. I
understand that if any details I have given are found to be false, or that I have withheld relevant information, my application
may be disqualified or, if already in employment, my appointment terminated. I understand that personal details about me
will be held electronically and manually for employment purposes, subject to the requirements of the Data Protection Act
2002.
I hereby give permission for a police check to be carried out if I am offered an appointment or if considered appropriate.


Signature




Date




                                                          12
                                        Equal Opportunities Monitoring Form
Subject to the Control of Employment legislation, we want to ensure that no job applicant or employee receives less
favourable treatment because of their race, colour, nationality, ethnic or national origin; or on the grounds of their gender,
marital status, disability, age, sexual orientation or religion; or is disadvantaged by conditions or requirements which are not
justified. In order to assist us in monitoring the effectiveness of our policy, could you please provide the information
requested below. This form will be separated from your application upon receipt, this information will be stored electronically
for statistical purposes but will not be used at any stage of the selection process.


Post Applied For

Reference Number


Please put an X in the correct boxes:
Current Work Situation                                                            Graduates
Internal (currently within judiciary)                                             Male Graduate
External                                                                          Female Graduate


Gender                                                                            Marital Status
Male                                                                              Single
Female                                                                            Married


Age                                                                               Ethnic Origin
20 & under                                                                        White
21 - 25                                                                           Black - Caribbean
26 - 30                                                                           Black - African
31 - 35                                                                           Black - Other
36 - 40                                                                           Indian
41 - 45                                                                           Pakistani
46 - 50                                                                           Bangladeshi
51 - 55                                                                           Chinese
56 - 60                                                                           Other
61 - 64


Nationality                                                                       Disabilities
Manx                                                                              I am classed as disabled
British
European                                                                          Criminal Conviction
Asian                                                                             I hold/have held a criminal conviction
American
Other


      Equal




                                                              13
  THE EQUAL OPPORTUNITIES FORM SHOULD BE RETURNED ON AN
INDIVIDUAL PIECE OF PAPER AS IT WILL BE SEPARATED FROM YOUR
              APPLICATION FORM UPON RECEIPT.




                            14
SECTION 7

                                  SELECTION PROCEDURE

Application Forms
Please complete the official application form and send it with your C.V. to the Chief Secretary’s
Office, Third Floor, Government Office, Bucks Road, Douglas, Isle of Man IM1 3PG.

Completing your C.V.
When preparing your C.V. please ensure it contains the following information:-

   •   Educational qualifications with grades and dates obtained;
   •   Training Courses attended (with dates);
   •   Full employment history with dates and reasons for leaving, including names and
       addresses of current/past employers;
   •   Any gaps in employment and the reasons for this;
   •   Current salary;
   •   Motivation and reasons for applying.



Acknowledgements
All applications for the position of Commissioner will be acknowledged. If you do not receive an
acknowledgement to your application within 5 working days, please contact the Director of
Crown and External Relations.

Advisory Appointments Panel
All applications will be considered by an Advisory Appointments Panel; shortlisted candidates will
be notified of the membership of the Panel prior to interview.

Shortlisting
The Advisory Appointments Panel will review each application against the requirements of the
job description and person specification and determine a shortlist for interview. Applicants not
shortlisted will be notified accordingly at this stage.

Selection
The Advisory Appointments Panel will then interview all shortlisted candidates and will make any
recommendations for appointment to the Lieutenant Governor. The successful candidate will be
issued with a formal offer which may be subject to any outstanding pre-appointment checks
such as health screening or references.




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