As a service to our members, we maintain this page to disseminate information about legal roles available in the ACT region.

Members of the Law Society may list jobs on this page for free. Non-members may also list jobs on this page, but a small fee will be charged. 

To advertise a job on this page, please contact the communications manager on communications@actlawsociety.asn.au or visit our advertising page for paid listings. 

Positions vacant

 

  • Permanent Full-time 
  • SCHADS Award Level 7.1 - 7.3 
  • Paid Christmas Shutdown period leave
  • Salary Sacrificing available
  • Above Award personal leave entitlement of 18 days per year

ABOUT CARE CONSUMER LAW

The Consumer Law is a program of Care. We are a community legal centre accredited by and a member of the peak body for state and community legal centres in Australia, Community Legal Centres Australia (CLCA).

The Centre provides free legal advice and assistance to people in the ACT in relation to consumer credit and debt, insurance, Australian consumer law, general fair trading and consumer protection laws, contracts, debt recovery and bankruptcy and financial abuse.

We pride ourselves on undertaking systemic advocacy in areas of our expertise and aim to empower consumers by working towards reforming laws that are unjust and unfair. We prioritise supporting people experiencing financial hardship, disadvantage and vulnerability that may limit their access to justice without such support.

Care Consumer Law also provides outreach services through our Mobile Debt Clinic, offers a duty lawyer service at the ACT Civil and Administrative Tribunal, and assists enforcement debtors and persons in financial hardship before the ACT Magistrates Court.

It also operates the Defined Benefits Information Service (DBIS) for the ACT Motor Accident Injuries (MAI) Commission providing information and legal assistance to people injured and family of those injured in motor accidents in the ACT.

All of Care’s employees must have an understanding of, and commitment to, the vision of the organisation and the values underpinning this.

POSITION DESCRIPTION

The Solicitor works under direction of the Principal Solicitor. The position requires admission as a Legal Practitioner in the ACT and holding or being eligible to hold an Unrestricted Practising Certificate (UPC) issued by the ACT Law Society.

Responsibilities

Provide timely, accurate and client focused legal service, including:

  • Provision of legal advice, casework, duty lawyer and legal representation services in core areas of Care Consumer Law
  • Provision of workers’ advice to Care’s other program staff, including financial counsellors, staff of other legal and community services and other providers
  • Identify systemic industry practices of concern and work with Care’s Policy, Advocacy and Business Development Manager to contribute to policy development and advocacy
  • Support clients through internal and external dispute resolution processes where appropriate and available
  • Effective use of client management system Actionstep to record client data and obtain and analyse it for purposes of reporting
  • Proactive management of client files
  • Drafting of reports and other legal documents
  • Other duties relating to legal practice and administrative tasks as required.

Supervision, reporting and policy and stakeholder engagement

Assist the Principal Solicitor with:

  • Supervision, training and appropriate support of junior staff, paralegals, volunteers, and interns
  • Development of templates and legal education, contribution to policy and procedure development
  • Building and maintaining strong networks with stakeholders for one or more of the Centre’s programs.
  • Representing the Centre and providing reform and policy input as a member of consumer networks, Territory and Australia-wide.
  • Contribute to the review, development, and implementation of policies and procedures in accordance with relevant legislative or regulatory requirements and professional standards
  • Ensure compliance with workplace health and safety and other professional standards
  • Contribute to the development of health and wellbeing initiatives within the team

Training, professional development and meetings:

  • Attend training and professional development in accordance with requirements to hold an Unrestricted Practising Certificate
  • Attend meetings as required
  • Maintain and build professional knowledge and technical skills through participation in relevant professional development activities
  • Perform other functions consistent with the classification level as directed.

Selection Criteria

  • Qualified legal practitioner eligible to practice as a Solicitor and holding or eligible to hold an Unrestricted Practising Certificate in the ACT with at least 2 years post admission experience.
  • Knowledge of, or capacity to acquire, consumer credit law, Australian Consumer law, insurance, contracts, and bankruptcy law
  • Civil litigation experience and interest in duty services in courts and tribunals
  • Experience working with and advocating for client groups who experience disadvantage and vulnerability
  • Excellent written, oral communication and interpersonal skills, with the ability to build effective relationships with internal and external stakeholders
  • Strong leadership, organisational, time management and decision-making skills
  • A demonstrated commitment to Care’s values of equity, inclusion, and diversity

More Information

For more information about this role please contact the Principal Solicitor at tawanda.mukamuri@carefcs.org, using the subject line: Solicitor enquiry via EthicalJobs.

Applications close at 5:00 pm on 25 April 2025.

Apply using this link

 

The ACT Racing Appeals Tribunal is inviting expressions of interest in becoming a Member of the Tribunal. The Racing Appeals Tribunal hears and determines appeals from persons aggrieved by a decision of a controlling body, an approved racing organisation, or other person conducting a race meeting in the ACT in line with provisions contained in the Racing Act 1999 (the Act). The functions of the Tribunal are contained in section 39 of the Act.

The Tribunal is constituted only when an appeal is received. The Tribunal has received an average of one to two appeals annually over the past five years.

Members are appointed for terms not exceeding three years.

Expertise in one or more of the following areas would be highly regarded:

  • Relevant industry knowledge;
  • Legal expertise; and
  • An understanding of the role, duties and objectives of the Tribunal.

As per ACT Remuneration Tribunal Determination 15 of 2024 – Part-time Public Office Holders – Racing Appeals Tribunal, Members are remunerated at $600 per diem.

More information on the role can be found here

Applications close on 18 April 2025

Albert Lee, phone: (02) 6205 0847 or email: LRGPolicy@act.gov.au

Who we are?

We are dedicated to providing expert legal services in family law, committed to delivering exceptional client outcomes through personalised attention and professional excellence. We are seeking a skilled Executive Assistant with experience in the legal industry to join our team and connect with one of our Directors at Parker Coles Curtis.

Why us?

At Parker Coles Curtis, you are an important part of our team from the very start. We are a high performing, growth focused firm where we invest in our staff. In our most recent engagement survey, we achieved an engagement score of 85% with 90% of respondents incredibly proud to work at Parker Coles Curtis. We encourage our team to contribute to our organisational culture and live by our values. You will be given exposure across our operations as well as ongoing development and learning to hone your skills. Led by three incredible female Directors who are leaders in their field, Parker Coles Curtis and their specialised focus on Family Law are unique. Learn more about what it's like to work with us and the benefits you'd enjoy via our website: parkercolescurtis.com.au

The role?

As an Executive Assistant, you will provide exceptional executive and personal support to your Director, Debra Parker, to ensure they can perform their role to the highest standard. You will support them by overseeing communications and taking the lead in the administrative expectations and tasks to ensure effective organisational flow. This role requires you to provide assistance to the administrative stream in order to ensure an efficient, organised, happy and healthy office atmosphere. This role is broad and varied, the right person will make it their own and thrive.

About you

• Your professional experience within the legal profession (family law preferred) is well developed, providing you with a clear understanding of the expectations of an EA role in this industry

• You have high-level professional communication skills, both written and oral, with demonstrated ability to deliver written work

• You have stand out administrative experience including strong communication and negotiation skills

• You are someone who goes above and beyond to anticipate needs, no task is too small

• You are an expert ‘juggler’ who can manage competing priorities with a keen eye for detail

• You have a growth mindset and a commitment to personal career development

Next steps

Hit the apply button and send us your latest CV along with a cover letter telling us why you are the right person to join our team. We will be reviewing applications as they come through, expect to hear back from us swiftly. We care about the candidate experience and you dedicating the time to apply.

Inclusion

We are committed to inclusive recruitment practices, if you require any assistance during this recruitment process or have any further questions, please contact hr@parkercolescurtis.com.au

Who we are?

We are dedicated to providing expert legal services in family law, committed to delivering exceptional client outcomes through personalised attention and professional excellence. We are seeking a skilled Personal Assistant to join us and play a key role in supporting our legal team at Parker Coles Curtis.

Why us?

At Parker Coles Curtis, you are an important part of our team from the very start. We are a high performing, growth focused firm where we invest in our staff. In our recent engagement survey, we achieved an engagement score of 85% with 90% of respondents incredibly proud to work at Parker Coles Curtis. We encourage our team to contribute to our organisational culture and live by our values. You will be given exposure across our operations as well as ongoing development and learning to hone your skills. Led by three incredible female Directors who are leaders in their field, Parker Coles Curtis and their specialised focus on Family Law are unique. Learn more about what it's like to work with us and the benefits you'd enjoy via our website: parkercolescurtis.com.au

The role?

As a Personal Assistant, you will work closely with solicitors, Directors and other administrative staff to ensure excellent client services through smooth workflow, accurate document preparation and management, and effective communication across the team. This role is broad and varied across all areas of family law, the right person will make it their own and thrive.

About you

• Your legal skills and experience are well-developed, and you are looking for your next challenge.

• You understand the importance of client relations and teamwork in a small law f irm. You see the lasting impact you can make.

• You have stand out administrative and law firm experience including strong communication and negotiation skills.

• You are someone who goes above and beyond, no task is too small.

• You are an expert ‘juggler’ who can manage competing priorities with a keen eye for detail. • You have a growth mindset and a commitment to personal career development.

• You have high-level professional communication skills, both written and oral, with demonstrated ability to deliver written work.

Next steps

Hit the apply button and send us your latest CV along with a cover letter telling us why you are the right person to join our team. We will be reviewing applications as they come through, expect to hear back from us swiftly. We care about the candidate experience and you dedicating the time to apply.

Inclusion

We are committed to inclusive recruitment practices, if you require any assistance during this recruitment process or have any further questions, please contact hr@parkercolescurtis.com.au

Who we are?

We are dedicated to providing expert legal services in family law, committed to delivering exceptional client outcomes through personalised attention and professional excellence. After successfully recruiting some incredible new team members, we are continuing our campaign to recruit quality Lawyers to join our team and contribute to our growing success.

Why us?

At Parker Coles Curtis, you are an important part of our team from the very start. We are a high performing, growth focused firm where we invest in our staff. In our recent engagement survey, we achieved an engagement score of 85% with 90% of respondents incredibly proud to work at Parker Coles Curtis. Led by three incredible female Directors who are leaders in their field, Parker Coles Curtis and their specialised focus on Family Law are unique. If you have thought about a career in family law, we are the firm for you. Learn more about what it's like to work with us and the benefits you'd enjoy via our website: parkercolescurtis.com.au

The role?

As a Lawyer with us, you will be pivotal in handling a range of family law matters in consultation with our Directors. This role requires a combination of legal expertise, client management skills, and business acumen, with a focus on providing high-quality service and contributing to our firm’s growth. We are a small but mighty firm, who is growing. We encourage our team members to contribute to our organisational culture and live by our values. You will be given exposure across family law as well as ongoing CPD.

Key Responsibilities Include

• Conduct Family Law Matters

• Creation of documents and precedents, including organised administration related to matters

• Represent the firm at events showing care and commitment in promoting the f irm's business

• Exemplify advocacy and dispute resolution skills

• Ability to meet financial targets and understanding the billing processes

• Engage with ongoing professional development and continuous learning

About you

• You have experience as a lawyer in either family law or another field for a minimum of 2-4 years

• You are competent in preparing briefs and observations to Counsel

• You have an understanding of and ability to apply Court rules and Practice Directions to practical situations

• You have the ability to manage competing priorities and triage tasks according to priority/urgency

• You are able to provide support to Directors and other Senior Lawyers/Associates in the conduct of files including demonstrating initiative, flexibility and proactiveness in conduct of the case

• You have a growth mindset and are committed to personal career development

• You have high-level professional communication skills, both written and oral, with demonstrated ability to deliver written work.

Next steps

Get in touch via hr@parkercolescurtis.com.au and send us your latest CV along with a cover letter telling us why you are the right person to join our team. We will be reviewing applications as they come through, expect to hear back from us swiftly. We care about the candidate experience and you dedicating the time to apply.

Inclusion

We are committed to inclusive recruitment practices, if you require any assistance during this recruitment process or have any further questions, please contact hr@parkercolescurtis.com.au

Administrative Lawyers 5+ years PQE

Proximity, an SPA company (Proximity), is expanding rapidly and is seeking Administrative Lawyers. Our government client secondment model provides opportunities that provide significant support, foster your career growth, offer work variety, and accelerate your legal expertise. As a member of the Legal Group, we offer you the opportunity to engage in fascinating public sector work, all while receiving support, development, and care.

We are proud that our Legal Group is the trusted choice for Commonwealth legal teams needing expert support on complex administrative law matters. Our team brings passion and purpose to every task, ensuring we have fun while maintaining our dedication to clients, integrity, and pro-bono work.

As a Proximity team member, your role is that of an exceptional trusted sidekick – helping our clients’ teams succeed by embracing the complexity and sensitivity of Commonwealth legal issues and knowing how to be helpful in the context of the APS environment.

You will bring:

    • Flexible working options – you choose!
    • Excellent remuneration
    • Professional development and career pathway opportunities

     

    This is an opportunity to:

      • 5 years+ experience advising on administrative law matters in a public sector context
      • An ability and desire to use judgement, share knowledge and develop others
      • An Australian legal practising certificate
      • An AGSVA security clearance (preferred).

      Culture matters

      We’re looking for someone who fits and lives our values – someone who is:

        • Gain exposure to diverse legal issues across the Commonwealth Government
        • Work directly with Proximity’s government clients across a range of sectors, addressing their challenges, and helping to design, develop and deliver solutions that support and build internal capability
        • Gain ready access to a large team of knowledgeable colleagues and administrative law experts.

         

      • The Proximity difference

        We believe work should be a positive part of your life. It should challenge, engage and support you in equal measure. We focus on cultivating a genuinely caring and collaborative workplace. By joining Proximity, you will enjoy:

          • Tenacious. A can-do attitude, results-driven and dedicated to delivery.
          • Client-first. Relationships matter. Listen, anticipate client needs.
          • Team player. Collegiate, share knowledge and build confidence in others.
          • Adaptable. Work through ambiguity or uncertainty.
          • Solution-oriented. Think beyond the immediate questions and challenges and produce comprehensive solutions.

           

          Working with Proximity

          Proximity is a leading provider of integrated consulting, legal and commercial services to government entities and large organisations. We collaborate with our clients to overcome challenges and achieve excellent outcomes. By creating an exceptional workplace culture, we equip our people with the confidence and knowledge to find the ‘right fit’ solution for our clients’ needs.

          We’re committed to ensuring a safe and respectful workplace, where all our people, no matter their identity, orientation, background or physical ability feel valued and accepted. Our values are central to everything we do and stand for, we are strengthening our culture and building our client advantage by being Genuine people, bringing a Bold approach, and providing Helpful outcomes.

          Does this sound like the right organisation for you?

          If this position interests you, please get in contact with Loretta Pabian, Proximity Recruitment Lead: careers@proximity.com.au

            • We care – your Health and Wellbeing and Professional Development is supported
            • Give back – opportunities to work with Proximity’s Community Partners
            • Make work work – make the hours work for you
            • Promotion and career pathways – build your career with us
            • Belong – be part of the amazing Proximity team.

Commercial Lawyers (5years +)

There are different ways to work with great clients and Proximity provides a model that supports your desire for variety, demand for your highly-tuned technical knowledge, and a collaborative work environment known for knowledge sharing and support to make work and life easier.

The Proximity Legal team is rapidly growing and seeking Senior Government Lawyers. Bring your expertise and broaden your experience through diverse commercial exposures.

Working with a range of clients, these are dynamic roles where every day you have the opportunity to:

    • Flexibility (part time, hybrid, remote) options
    • Exceptional Commonwealth work
    • Career pathways and advancement

     

  • You would bring

      • Advise on commercial legal matters in a complex, fast paced environment
      • Deliver on matters of national importance
      • Work directly with our Commonwealth clients to help design, develop and deliver solutions supporting them to build internal capability
      • Work closely with key stakeholders across the client organisation, every day
      • Build your legacy - share your knowledge while also learning and growing your career

       

      As a Proximity team member, your role is that of a trusted sidekick – helping our clients’ teams succeed by embracing the complexity and sensitivity of commercial law issues and knowing how to be helpful in the context of the APS environment.

      Culture matters

      We’re looking for someone who fits and lives our values - someone who is:

      5+ years’ Commercial law experience, preferably within a government environment

        • A desire to work closely with your client
        • Adaptability and responsiveness - alert to the government environment
        • Experience leading and developing others, with
        • A current Legal Practising Certificate (or the ability to reinstate one)
        • An Australian Government security clearance (or the ability to obtain one)

         

        The Proximity difference

        We believe work should be a positive part of your life. It should challenge, engage and support you in equal measure. We focus on cultivating a genuinely caring and collaborative workplace. By joining Proximity, you will enjoy:

          • Passionate and tenacious. Someone with a can-do attitude, ready to make an impact by being results-driven and dedicated to delivery.
          • Client-first. Someone who can develop deep and meaningful relationships, keeps one step ahead, anticipating client and team needs and empowering them.
          • A team player. Someone with exceptional emotional intelligence and integrity who is willing to share knowledge, pitch in, rally others and uplift skills to help our teams continually improve.
          • Flexible. Someone who is comfortable with change and who is adaptable and likes variety. Someone who can work as part of client teams on-site.
          • Broad thinking and solution oriented. Someone who can think beyond the immediate questions and challenges and produce comprehensive solutions.

           

          Working with Proximity

          Proximity is a leading provider of integrated consulting, legal and commercial services to government entities and large organisations. Proximity collaborates with its clients to overcome challenges and achieve excellent outcomes. By creating an exceptional workplace culture, Proximity equips its people with the confidence and knowledge to find the ‘right fit’ solution for its clients’ needs.

           

          We’re committed to ensuring a safe and respectful workplace, where all our people, no matter their identity, orientation, background or physical ability feel valued and accepted. Our values are central to everything we do and stand for, we are strengthening our culture and building our client advantage by being Genuine people, bringing a Bold Approach, and providing Helpful outcomes.

          Does this sound like the right organisation for you?

          If this position interests you, please get in contact with Loretta Pabian, Proximity Recruitment Lead: careers@proximity.com.au

          Learn more about Proximity today https://proximity.com.au/

            • We care – your Health and Wellbeing and Professional Development is supported
            • Give back – opportunities to work with Proximity’s Community Partners
            • Make work work – make the hours work for you and your team
            • Promotion pathways – build your career with us
            • Belong – be part of the amazing Proximity team

Government Lawyers

Finding opportunities that support your career growth, provide variety, and fast-track your legal expertise are rare. Join us at Proximity where we provide the unique opportunity of doing interesting public sector work under a commercial arrangement with support, development, and care.

The Proximity Legal Group is a go-to for Commonwealth legal teams requiring expertise and support on complex matters specialising in administrative and litigation law. As a team, we infuse passion and purpose into everything we do and have fun while doing it without sacrificing our commitment to clients, integrity, and pro-bono work.

As a Proximity team member, your role is that of a trusted sidekick – helping our clients’ teams succeed by embracing the complexity and sensitivity of commonwealth law issues and knowing how to be helpful in the context of the APS environment.

You will bring:

    • Flexible working options
    • Excellent remuneration
    • Career pathways and advancement

     

    Working in Commonwealth Departments often requires an Australian Security Clearance and is therefore desirable, or you have the ability to obtain one.

    Culture matters

    We’re looking for someone who fits and lives our values - someone who is:

      • Minimum 3 years’ public law or litigation experience preferably working within or for the Commonwealth government
      • Demonstrated capability to work through complex legal issues
      • Restricted (minimum) Australian practising certificate

       

      The Proximity difference

      We believe work should be a positive part of your life. It should challenge, engage and support you in equal measure. We focus on cultivating a genuinely caring and collaborative workplace. By joining Proximity, you will enjoy:

        • Tenacious. A can-do attitude, results-driven and dedicated to delivery.
        • Client-first. Relationships matter. Listen, anticipate client needs.
        • Team players. Collegiate, share knowledge and build confidence in others.
        • Adaptable. Work through ambiguity or uncertainty.
        • Solution oriented. Think beyond the immediate questions and challenges and produce comprehensive solutions.

         

        Working with Proximity

        Proximity is a leading provider of integrated consulting, legal and commercial services to government entities and large organisations. We collaborate with our clients to overcome challenges and achieve excellent outcomes. By creating an exceptional workplace culture, we equip our people with the confidence and knowledge to find the ‘right fit’ solution for our clients’ needs.

        We’re committed to ensuring a safe and respectful workplace, where all our people, no matter their identity, orientation, background or physical ability feel valued and accepted. Our values are central to everything we do and stand for, we are strengthening our culture and building our client advantage by being Genuine people, bringing a Bold Approach, and providing Helpful outcomes.

        Does this sound like the right organisation for you?

        If this position interests you, please get in contact with Loretta Pabian, proximity Recruitment Lead: careers@proximity.com.au

        Learn more about Proximity today https://proximity.com.au/

          • We care – your Health and Wellbeing and Professional Development is supported
          • Give back – opportunities to work with Proximity’s Community Partners
          • Make work work – make the hours work for you and your team
          • Promotion pathways – build your career with us
          • Belong – be part of the amazing Proximity team

Transport Canberra and City Services

Legal Services Team

Director, Legal Services

Senior Professional Officer Grade B

Salary Range: $145,253 - $162,877  (PN: 09808)

 

Details: The Procurement, Legal and Information Access Branch is seeking a Director, Legal Services to work under the broad direction of the Senior Director, Legal Services. The Director, Legal Services provides legal services across a diverse range of subject matters and legal principles, including commercial law, contract law and administrative law. As well as providing support to business units to undertake their regulatory functions and meet their statutory obligations.

The successful applicant will have experience in a variety of legal disciplines with an emphasis on commercial and contract law including ability to interpret and advise on complex and long-term commercial contracts. They will develop innovative and flexible options to resolve novel problems. and provide written advice on management of administrative reviews, compliance with legislation and general advice.

This position requires an ability to work collaboratively across the Branch, the Directorate and the Government to successfully deliver customer service excellence. The ideal candidate will possess an innate ability to draw on the right skills in a contextually and environmentally appropriate manner, align team performance and develop capacity to achieve organisational objectives. Model commitment to continual learning and participate in ongoing development.

We are committed to creating an inclusive environment where people with diverse thoughts, lived experience, and perspectives can thrive and contribute their unique talents to the ACTPS and ACT community. We encourage Aboriginal and Torres Strait Islander people, people with disability, people with culturally and linguistically diverse backgrounds, veterans, younger and older workers, and people with diverse genders, sexes and sexualities to apply.

Eligibility/Other Requirements:

Tertiary qualifications in Law – Bachelor of Laws (LLB) (or equivalent) are required.

Experience in providing legal services within Government is highly desirable.

Notes: This is a temporary position available immediately until 05 January 2026 with the possibility of extension up to 12 months. An order of merit will be established from this selection process and may be used to fill future vacancies over the next 12 months.

This is a fulltime position that can be filled in a variety of ways. Consideration will be given to part-time or flexible working arrangements. This position is based in a workplace designed for activity-based working (ABW). Under ABW arrangements, officers will not have a designated workstation/desk. Part of work hours can be spent working from home.

How to Apply: Applicants should submit a pitch of no more than two pages outlining their suitability. The pitch should address the required Skills, Knowledge and Behaviour and provide practical examples. A copy of a current curriculum vitae, contact details of at least two relevant referees and evidence of required qualifications is to be provided.

 

Contact Officer: Alison Kemp (02) 6207 5891 Alison.Kemp@act.gov.au

 

For further information and to apply, please visit www.jobs.act.gov.au

 

Applications Close: 31 March 2025

 

The Department of Home Affairs (the Department) is seeking expressions of interest from lawyers willing to represent subjects under the appointed lawyer provisions set out in Division 3 of Part III of the Australian Security Intelligence Organisation Act 1979 (the ASIO Act).

Overview

Division 3 of Part III of the ASIO Act contains a questioning framework to assist the Australian Security Intelligence Organisation (ASIO) to gather intelligence in relation to politically motivated violence (including terrorism), espionage and acts of foreign interference. ASIO may only question an individual pursuant to the authority conferred by a questioning warrant issued by the Attorney-General.
Questioning of a subject under a questioning warrant is overseen by an independent prescribed authority appointed by the Attorney-General (ss 34AD and 34BD of the ASIO Act). The prescribed authority supervises and provides directions during the execution of the questioning warrant in accordance with Division 3 of Part III of the ASIO Act. The prescribed authority may make directions under the ASIO Act, which must be consistent with the warrant, or otherwise:

  • be approved in writing by the Attorney-General, or 
  • be necessary to satisfactorily address a concern of the Inspector-General of Intelligence and Security (IGIS) of which the prescribed authority has been informed under section 34DM of the ASIO Act.

The prescribed authority is required to explain to the subject of the warrant a number of procedural matters, including the subject’s rights and obligations under the warrant, when the subject first appears before the prescribed authority.

In certain circumstances, the prescribed authority must make a direction to appoint a lawyer for the subject of a questioning warrant (ss 34FB and 34FC of the ASIO Act). For example, under paragraph 34FB(2)(a) of the ASIO Act, the prescribed authority must give a direction that a specified person be appointed as the lawyer for the subject of an adult questioning warrant where:

  • the warrant includes an immediate appearance requirement, and
  • a lawyer for the subject is not present while the subject is appearing before a prescribed authority for questioning under the warrant.

In these circumstances, the subject may also contact a lawyer of choice other than the appointed lawyer. To enable questioning to commence without delay, the subject will be questioned in the presence of the appointed lawyer until the subject’s lawyer of choice arrives.

In addition to this, a minor must not be questioned in the absence of a lawyer under any circumstances. Therefore, to ensure questioning may commence without delay, the prescribed authority must give a direction that a specified person be appointed as the lawyer for the subject of a minor questioning warrant where:

  • the warrant includes an immediate appearance requirement, and a lawyer for the subject is not present while the subject is appearing before a prescribed authority for questioning under the warrant (s 34FC(2)(a)), or
  • questioning has been deferred to enable the subject to obtain a lawyer, and the prescribed authority is satisfied that such time as is reasonable to enable a lawyer for the subject to be present during the questioning has passed (s 34FC(3)(b)).

The prescribed authority has the authority to appoint a lawyer independently of ASIO and the Australian Government.

What would you do as an appointed lawyer?

Lawyers appointed for the subject of an adult questioning warrant must be present while the subject is questioned before a prescribed authority, unless the subject voluntarily chooses to be questioned in the absence of a lawyer (s 34FA), the prescribed authority gives a direction under subparagraph 34FF(7)(c)(i) that the lawyer is removed due to disruption of questioning proceedings, or the prescribed authority gives a direction that questioning can occur without a lawyer present (this can only occur in the limited circumstances set out in s 34FB(3)(b) or 34FF(7)(c)(iii)). The subject of a minor questioning warrant must not be questioned in the absence of a lawyer.

The lawyer provides advice to the subject during breaks in questioning (s 34FF). A lawyer must not intervene in the questioning or address the prescribed authority during questioning, except to:

  • request clarification of an ambiguous question, or
  • request a break in questioning in order to provide advice to the questioning subject.

The prescribed authority must provide a reasonable opportunity for the lawyer to advise the subject during breaks in the questioning. During a break in questioning, the lawyer may request an opportunity to address the prescribed authority on a matter.

Eligibility requirements:

  • You must be enrolled as a legal practitioner of a federal court or of the Supreme Court of a State or Territory.
  • You must hold a current practising certificate granted under a law of a State or Territory.

Remuneration

Appointed lawyers will be renumerated at an hourly rate of $290, inclusive of GST, to be billed in six-minute units. This hourly rate is consistent with the solicitor fees set out in the Commonwealth’s cost assessment policy for legal financial assistance, available at Commonwealth Legal Financial Assistance Schemes Assessment of Costs—July 2012 (ag.gov.au).

Pursuant to section 34JE of the ASIO Act, applications for financial assistance may be made to the Attorney-General in respect of the subject of a questioning warrant’s appearance before a prescribed authority for questioning under the warrant. Grants under this ASIO scheme are made on written application at the discretion of the Attorney-General. Payment of fees for appointed lawyers by the Government is not contingent on a successful application for financial assistance by the subject of a questioning warrant.

Time commitment

Questioning may take place at short notice, for a maximum permitted questioning period of 24 hours (s 34DJ of the ASIO Act), or 40 hours where an interpreter is present (s 34DK). The subject of a questioning warrant may be questioned initially for a total period of 8 hours of questioning time. The prescribed authority may give a direction to extend the questioning time by two additional 8-hour questioning blocks under certain circumstances (s 34DJ(7) and s34DK(7)). A questioning warrant may remain in force for a period of no more than 28 days, although the Attorney-General may revoke the warrant before the period has expired. Questioning may take place over several days within this 28-day period, provided the maximum permitted questioning period is not exceeded.

Questioning time does not include time occupied with procedural matters, breaks or deferrals of questioning.

The prescribed authority may set breaks between periods of questioning by giving appropriate directions under paragraph 34DE(1)(e). While there is no prescribed number of breaks, a 30 minute break will be offered to an adult questioning subject every 4 hours.1 A minor may only be questioned for continuous periods of 2 hours or less, separated by breaks as directed by the prescribed authority.2 The prescribed authority must provide a reasonable opportunity for the lawyer to advise the questioning subject during breaks in questioning.
In addition to this, the questioning subject must be given a break of sufficient duration in any 24 hour period of questioning to ensure they have an opportunity for an appropriate amount of continuous and undisturbed sleep, having regard to the subject’s age (at least 8 hours for an adult, or 10 hours for a minor).

Appointed lawyers must be willing to attend as required for each questioning session under a questioning warrant. This may be during ordinary business hours or, in exceptional circumstances, outside of ordinary business hours (including at night).

The prescribed authority will work with an appointed lawyer to take into account their availability and other commitments when scheduling questioning sessions.

Secrecy requirements

Division 3 of Part III of the ASIO Act contains a number of secrecy offences in relation to information associated with a questioning warrant (s 34GF of the ASIO Act). Section 34GF of the ASIO Act includes criminal offences if a person discloses information relating to a questioning warrant during the specified period the warrant remains in force, or for a period of up to two years after its specified expiry.

Strict liability applies to paragraphs 34GF(1)(c) and (2)(c) where the subject of the warrant or their lawyer discloses information that indicates the fact that the warrant has been issued, or a fact relating to the content of the warrant, or to the questioning or apprehension of a person in connection with the warrant and/or the information is operational information.

A subject’s lawyer is a lawyer who has at any time been:

  • present, as the lawyer for the subject of the warrant, during the questioning of the subject under the warrant, or
  • contacted for the purpose of the subject obtaining legal advice in connection with the warrant, or
  • contacted for the purpose of the subject obtaining representation in legal proceedings seeking a remedy relating to the warrant or the treatment of the subject in connection with the warrant.

How to express your interest in being an appointed lawyer

Lawyers who wish to nominate their interest should email intelligenceandsecuritypolicy@homeaffairs.gov.au with:

  • Their full name and contact details (landline and mobile phone numbers, and email address).
  • Details of their employer (if any).
  • Their jurisdiction and date of admission as an Australian legal practitioner.
  • Their curriculum vitae, including a written statement confirming the accuracy of the information therein.
  • A copy of their current practising certificate.

By providing this information to the Department, applicants consent to the Department of Home Affairs and relevant Commonwealth agencies, collecting, using and disclosing their personal information for purposes connected with the Appointed Lawyer Scheme in Division 3 of Part III of the ASIO Act. This includes consent for the Department to provide their personal information to ASIO and the prescribed authority for purposes connected with the Appointed Lawyer Scheme. For further information on how your personal information will be collected, used, stored and disclosed please refer to the attached Privacy Notice – Collection of personal information for the purposes of the Appointed Lawyer Scheme under the Australian Security Intelligence Organisation Act 1979 (APP 5).

What happens once you submit your nomination?

Individuals who express their interest in being an appointed lawyer and who meet the eligibility requirements outlined above will be placed on a confidential register maintained by the Department. Lawyers who are on the register will be contacted each year to confirm they are willing to remain on the register. Lawyers may request that they be removed from the register at any time, and can do so by emailing intelligenceandsecuritypolicy@homeaffairs.gov.au.
Should the need arise, the details of lawyers on the register will be made available to the prescribed authority responsible for overseeing questioning under a questioning warrant, in order for the prescribed authority to appoint a lawyer for the subject of a questioning warrant where necessary. While the choice of lawyer will be at the prescribed authority’s discretion, lawyers retain the discretion on whether to accept or decline to act for the questioning subject in any particular matter. Details of lawyers may also be provided to ASIO to assist in security and administrative arrangements in relation to questioning.

Lawyers who are contacted through the register may be asked to provide further information before appointment. Lawyers will also be provided with further information concerning the questioning process before they are required to represent a questioning subject. Terms of engagement will also be settled at that time.

There is no guarantee that lawyers placed on the register will be appointed as lawyers in connection with a questioning warrant. ASIO’s compulsory questioning powers are exceptional in nature and likely to be used sparingly.

Further information

If you would like further information about the Appointed Lawyer Scheme, please email intelligenceandsecuritypolicy@homeaffairs.gov.au.

• Lead a community legal practice supporting women, trans & gender diverse people
• Suits legal practitioners with leadership, process & risk management experience
• Flexible workplace | Min 4 days p/wk | Canberra based | Relocation assistance

The Organisation
The Women’s Legal Centre ACT (WLC) is an innovative, specialist community legal centre providing crucial legal and social support services to women in Canberra to keep them safe and in control of their lives. WLC is committed to influencing change and building capability within government and the wider community to improve women’s lives and advance gender equality.

The Centre’s primary practice areas are family law, employment, discrimination and sexual harassment, migration, and the Sexual Violence Legal Service. The Centre includes the Mulleun Mura Access to Justice Program, which is a specialist program for First Nations women, led by First Nations women.

WLC provides legal services within a feminist model and is a leader in trauma informed lawyering in the ACT. The Centre delivers holistic and wrap around services to clients, with a significant proportion delivered through deep partnerships with health and community services.

Benefits & Culture
• Attractive remuneration, generous salary packaging, 5 weeks paid leave
• Annual health and wellbeing allowance, paid cultural and reproductive health leave
• Genuine commitment to a flexible and respectful working environment
• Permanent role within a well-established, sector leading service
• Brand new office with modern facilities, supportive of women, trans and gender diverse people and their children

The Role
As a member of the executive leadership team and in close collaboration with the CEO, you will lead the direction, management and supervision of WLC’s legal practice, ensuring it is aligned with the Centre’s strategic direction. This includes building organisational capability, developing robust processes and consistent policies across practice areas, and managing risk, compliance and the Centre’s reputation within the community sector and legal profession.

You’ll champion the delivery and ongoing development of innovative and trauma-informed legal services and support Principal Solicitors to provide leadership and technical direction to their teams. Additionally, you will:

• Ensure high-quality legal services across the Centre, including providing technical advice • Drive and coordinate the Centre’s law reform agenda
• Act as a spokesperson and represent the Centre in media and community forums
• Build new relationships and networks within the ACT legal profession and drive pro bono partnerships

Skills Required
You bring a blend of strategic leadership, management and mentorship experience, together with deep legal practice knowledge and high-level technical skills, ideally relevant to family, civil, migration or criminal law. Your background may be community legal, justice leadership or you have relevant experience from working in a law firm or private practice, and you have a demonstrated commitment to social justice issues for women.

With an unwavering focus on risk management, expert legal practice and continuous improvement, you have:

• Eligibility to hold an ACT Unrestricted Practicing Certificate
• Experience managing legal practitioners and overseeing complex casework
• Genuine interest in developing the leadership capability of senior team members
• High level partnership development, community and stakeholder relationship skills
• Commitment to trauma-informed practice and collaboration with other agencies to improve client services and outcomes

Please note being a woman is a genuine occupational qualification under s34 of the Discrimination Act 1991 (ACT).

If you want to use your legal and leadership skills to support women at risk of violence, discrimination and systemic disadvantage, please send your resume together with a cover letter responding to the skills required section above to cv@ngorecruitment.com quoting 1301482 or call Debbie Jardine at NGO Recruitment on (02) 82430570.