POSITION DESCRIPTION

Transcription

1 Senior Legal Adviser Unit/Branch, Directorate: Location: POSITION DESCRIPTION Legal Team Wellington Salary range: I $90,366 - $135,548 Purpose of position: The Senior Legal Adviser supports the Chief Legal Adviser to provide high quality legal advice and legal risk management on all matters relating to the operational and administrative activities of the GCSB, and assists in training the GCSB workforce of legal matters. The role will involve the provision of general legal advice, legal input into policy and legislation and implementation at GCSB, as well as management of external relationships with Ministers, counsel, other departments, oversight bodies, overseas agencies and the private sector. Our mission at the GCSB is to protect and enhance New Zealand s security and wellbeing Our values are Respect, Commitment, Integrity and Courage Office of the Director purpose: The Office of the Director-General supports the Director-General to lead the GCSB in achieving its operational and strategic goals, by providing advice and coordination of strategic policy, risk and assurance, compliance and legal activities. The Office of the Director-General works in partnership with the Joint Directors-General office.

2 Key accountabilities Provision of Legal Advice Advice to Bureau management concerning: o the GCSB s compliance with applicable legislation, in particular the Intelligence and Security Act 2017; o the preparation of intelligence warrants and other legal instruments required under that Act; o the legal aspects of GCSB s internal guidance and directives; o legal implications of departmental actions affecting the conditions of service or administration of the staff of the GCSB, individually or collectively; o existing or proposed legislation raised by any Government department affecting or which may affect the operations and administration of the GCSB; and o international law, agreements or undertakings which impact or may impact on GCSB activities. Where necessary, briefing Crown Counsel and other external counsel on behalf of the Bureau, including in respect of proceedings. Drafting proposed legislation and subordinate legislation, and detailed instructions and consultations with Parliamentary Counsel as appropriate. General advice to management on matters relating to Parliamentary business. Managing external investigations and proceedings, including legal advice relating to Bureau responses to enquiries and complaints under the provisions of the Official Information, Ombudsman and Privacy Acts. Advising and representing the GCSB in employment relations matters, including employment contract negotiations and providing legal advice on EEO, and Health and Safety in Employment matters. Drawing up GCSB contracts and negotiate/advise on other contractual matters affecting the GCSB. Draft other legal documents. Deliverables/Outcomes Legal risk is effectively identified and actions recommended and/or taken to manage or mitigate that risk. Legal advice informs the development of sound operational and corporate systems and practices. Legal advice is informed by current domestic and international law and practice. Legislative change affecting the Bureau is monitored and impacts effectively identified for GCSB management s consideration. Legislative drafting and the preparation of instructions for Parliamentary Counsel are managed effectively. Contracts and other legal instruments relating to the Bureau s business are correctly drawn up and effectively meet the department s needs. The GCSB is compliant with all relevant legislation.

3 Keeping up to date with developments in relevant legislation and the broader legal community both in New Zealand and internationally. Monitoring existing legal practices, procedures and policy areas (and other organisational areas as appropriate) to ensure legislative compliance is maintained. Development of legal resources Development and maintenance of legal policy and processes. Development and training of staff in legal aspects of policy. Assisting with the development of the Legal Adviser and Legal Executive Assistant. External liaison and consultation Engagement with public and private entities to represent the interests of the Bureau. Health and safety (for self) Work safely and take responsibility for keeping self and colleagues free from harm Report all incidents and hazards promptly Know what to do in the event of an emergency Cooperate in implementing return to work plans Be a visible role model at all times Follow GCSB s safety rules and procedures More junior staff are provided guidance and supervision relevant to their level of experience. Legal policy and processes are clearly identified and repeatable. Staff are aware of their legal obligations. The Bureau maintains and develops its legal position and relationships with other significant departments, partners and private sector entities. A safe and healthy workplace for all people using our sites as a place of work All requirements in the NZIC Health and Safety policy and procedures are met Other duties Any other duties that fall within the scope of the position Position delegation Financial delegation: None Key stakeholders Internal: External: Director-General, GCSB All GCSB staff Liaison Officers Minister responsible for the GCSB Inspector-General of Intelligence and

4 Security Commissioner of Intelligence Warrants Core agencies, including Crown Law and other New Zealand Intelligence Community agencies Five Eyes Legal Counsel and posts Person Specification Experience: Knowledge and Skills: Qualifications and Courses: Minimum of 8 years PQE for suitable candidate Experience of legal practice in either the public or private sector The successful appointee will be familiar with the functions of a legal adviser to corporate or public service management at a senior level. Experience and/or knowledge of public and administrative law. Experience in civil litigation is desirable. Experience and/or knowledge of intelligence principles and practice, is desirable Operational experience applying international law is desirable Experience and/or knowledge of information technology, is desirable Excellent judgment Excellent interpersonal and persuasive skills Resilience to extended periods of high stress An ability to work under pressure to meet tight deadlines Highly effective oral and written communication skills The ability to influence senior management internally, within wider government and the private sector An ability to represent the Director-General GCSB effectively both within New Zealand and overseas Effective organisational and selfmanagement skills, including responsiveness to instructions and management of workload demands High levels of integrity and ethics Degree in law Qualified to practise as a barrister and solicitor in New Zealand

5 Specific Job Requirements: NZIC Specialist Competencies A current practising certificate Post graduate level qualification in law and/or public policy/public management, is desirable Ability to obtain and maintain a TSS security clearance The following levels would typically be expected for the 100% fully effective level: High quality, timely legal advice prioritised against operational and strategic priorities Excellent legal judgment and issue identification Generation of sound options for resolution of legal issues in the absence of precedents and in the context of constant technological innovation Highly developed persuasive and interpersonal skills Awareness of multiple complex and interrelated legal issues across the organisation and sector Strong investment in legal professional standards

6 Changes to Position Description Positions in the GCSB may change over time as the organisation develops. Therefore we are committed to maintaining a flexible organisation structure that best enables us to meet changing market and customer needs. Responsibilities for this position may change over time as the job evolves. This Position Description may be reviewed as part of planning for the annual performance cycle. Date PD reviewed: 8/02/2019 Signatures Managers Name Signature Date: Employee s Name Signature Date: