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									                              JOB DESCRIPTION
                           AND SELECTION CRITERIA


                           JOB SPECIFIC INFORMATION

Job Title:                    Senior Lawyer, Advice, Commercial and Legislation

Classification:               Customs and Border Protection Level 4

Salary Range:                 Salary Package up to $ 114,359

Division/Branch/Section:      Corporate Operations, Legal Services Branch, Advice,
                              Commercial and Legislation

Job Opportunity:              Permanent, Ongoing

Location:                     Canberra, ACT

Position No:                  Various

Reports To:                   Principal Lawyer, Advice, Commercial and Legislation

Number of Positions that      Level 3 lawyers in Advice, Commercial and Legislation
Report to this Role:          sections.

Security Classification:      Protected

Contact for enquiries:        Janean Richards

                              National Manger, Legal Services Branch

                              (02) 6275 6752

Closing Date for              6 May 2010
Applications:
                                JOB DESCRIPTION
Australian Customs and Border Protection Service

The Australian Customs and Border Protection Service (Customs and Border
Protection) is Australia's primary border protection agency.

From 1 January 2010, a new Legal Services Branch has been established in Customs
and Border Protection. The Legal Services Branch provides a full range of legal
assistance, advice and support to the whole of Customs and Border Protection.

The Branch has four sections: Legislation, Advice, Litigation and Commercial.
The Legislation section manages Customs and Border Protection’s legislation program
and operational delegations and provides legal advice,

The Advice section provides legal advice including in relation to Customs and Border
Protection and other legislation, administrative and employment law. The section is
also responsible for coordinating Customs and Border Protection’s Freedom of
Information, Privacy and Secrecy matters.

The Litigation section provides legal advice, handles matters in the Administrative
Appeals Tribunal (AAT) and assists with matters before other courts.

The Commercial section provides advice including commercial and property advice and
coordinates Customs and Border Protection’s intellectual property policy.
How the Role Contributes to Customs and Border Protection Outcomes
The Advice and Commercial sections of the Legal Services Branch is responsible for
providing quality legal advice on various aspects of Customs and Border Protection
legislation including property and commercial related matters.

The Legislation section is responsible for managing the agency's legislation program,
which includes preparing drafting instructions and explanatory materials for Customs-
related Bills and Regulations, drafting other legislative instruments and operational
delegations and authorisations as well as providing legal advice to internal
stakeholders.

The Job
Vacancies exist for Senior Lawyers in the Advice, Commercial and Legislation sections
of the Legal Services Branch with skills and experience in administrative law including
Freedom of Information and Privacy, employment law, commercial and property law,
statutory interpretation and general advising across a broad range of legal and
compliance areas.

The Branch will service a dynamic working environment that features constant change.
Flexibility, adaptability and teamwork are therefore very important. Regular contact is
required with staff at all levels of Customs and Border Protection and external
agencies.




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Key Responsibilities
The Senior Lawyers in Commercial will:
    provide advice on commercial matters;
    provide advice on property matters;
    provide other legal advice as required;
    manage Customs and Border Protections intellectual property policy; and
    engage external legal advisors as required

The Senior Lawyers in Legislation will:
    prepare legislation bids;
    prepare drafting instructions and explanatory materials for Bills and
      Regulations;
    liaise with the Office of Parliamentary Counsel, the Office of Legislative Drafting
      and Publishing, and the Department of Prime Minister and Cabinet;
    prepare instruments of delegation/authorisation under Customs and Border
      Protection legislation;
    comment on legislation proposed by other Departments which impacts on
      Customs and Border Protection;
    provide advice in relation to legislative and non-legislative instruments;
    draft and register legislative instruments;
    assist Trade Services Branch in preparation of Customs Tariff Bills;
    provide legal advice on legislation administered by Customs and Border
      Protection and other legislation; and
    assist the Principal Lawyer in the management of the agency's legislation
      program;
    engage external legal advisors as required

The Senior Lawyers in Advice will:
    provide advice on legislation administered by Customs and Border Protection
      and other legislation;
    Perform the function of Custom and Border Protection’s Freedom of Information
      Coordinator and Privacy Contact Officer.
    provide of advice on employment and administrative law;
    provide advice on operational issues arising under legislation;
    provide advice on Freedom of Information, privacy and Ombudsman
      complaints, as required;
    provide advice on FMA Act issues, waiver, ex gratia, defective administration;
    provide advice on issues arising from external examination/review of Customs
      and Border Protection legislation (ALRC, Parliamentary Committees etc);
    provide advice on the drafting of Memoranda of Understandings and other like
      documents;
    administer Section 16, FOI and Privacy training; and
    engage external legal advisors as required
Qualifications and Competencies
      Tertiary qualifications in law and admission as a legal practitioner of the High
       Court or a Supreme Court of a State or Territory, (Mandatory).




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Selection Criteria - Customs and Border Protection Level 4
(Please limit each response to a maximum of 400 words)

Managerial and Planning
Ability to effectively organise, plan and deliver services to:
   Manage and prioritise multiple demands
   Contribute to work area planning
   Contribute to and be responsible for achieving team goals
   Manage resources
   Develop policy and guidelines and action plans
   Manage projects and contracts

Continuous Improvement and Change Management
Orientation towards continuous improvement, managing change and being flexible to:
 Initiate, implement and monitor change
 Develop and introduce innovative approaches to improving processes and practices
 Promote an environment of continuous improvement

Communication and Client Focus
Demonstrated understanding of client needs and sound communication and interpersonal skills
to:
   Influence views and thinking through building and maintaining relationships,
   negotiation and representation
   Promote a client service environment
   Communicate in a clear and concise manner
   Coach and provide constructive feedback

Leadership/Teams and Integrity
Demonstrated high standards of integrity and leadership skills to:
   Lead and develop effective teams
   Resolve and/or refer issues of ethics and probity
   Implement policies & programs based on corporate decisions without personal bias
   Take responsibility for self and group actions
   Develop leadership capabilities in others
   Reward and recognise superior performance
   Model and promote fair and equitable behaviour, the APS Values and Code of Conduct
   Participate in the development of, and monitoring of standards in the workplace

Decision Making and Strategic Thinking
Ability to access and use information and emergent technology strategically to:
   Objectively analyse problems from various angles
   Extract a range of new information from various sources
   Develop innovative solutions
   Evaluate information quickly, critically and accurately
   Demonstrate awareness of spheres of influence
   Take a long term view to weigh risks and benefits

Technical
Relevant technical knowledge (or ability to acquire knowledge) to:
 Achieve work area outcomes
 Apply relevant legislation, policy and guidelines
 Apply a broad knowledge of Custom functions, responsibilities and organisational linkages




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Addressing Selection Criteria
For assistance addressing your selection criteria please refer to ‘Cracking the Code:
How to Apply for Jobs in the Australian Public Service’ the following website:
http://www.apsc.gov.au/publications07/crackingthecode.htm. Please limit responses to
no more than 400 words.

How to apply

All Customs and Border Protection applications are to be submitted through the e-
Recruitment system (http://customsandborderprotection.nga.net.au), prior to the
closing date. The system provides the opportunity to respond to Selection Criteria and
upload a current CV. Applicants who are unable to apply through e-Recruitment, will
need to contact the Recruitment Team at recruitment@customs.gov.au or the
Corporate Operations Service Desk on 1800 46 1245 during business hours prior to
the closing date to organise alternative arrangements.

If you need special consideration to enable you to participate in this process, please
advise us in your application, or if you prefer you can discuss your requirements by
emailing or phoning the contact officer.

More information
You can find more information about how to apply for vacancies using e-Recruitment
on the careers site, please read the applicant user guide located on
http://www.customs.gov.au/site/page4756.asp before accessing the system for the first
time. General recruitment information is also available on the careers site.




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