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Flexible environment with genuine hybrid working and career path
Learning and development opportunities
Opportunity to work with a diverse range of clients and matters
Competitive remuneration package consistent with mid-tier benchmarks
Generous reward and recognition program
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About Health Legal:
Health Legal is one of the largest dedicated health law teams in Australia.
Since our establishment in 2003, we have assisted over 600 public and private sector clients across Australia.
Our clients include public and private hospitals, community health centres, health start-ups, aged care providers, research institutes, professional associations and other health related entities and individuals.
Although Melbourne based, we provide services to clients nationally and internationally.
About the role
Reporting to one of our most experienced solicitors, the individual appointed to this role will be a senior solicitor working across contentious and non-contentious matters.
Health Legal is a broad commercial practice which focuses exclusively on the health, community and care sectors. You will be required to advise on a wide range of matters across those sectors including employment matters, contracting and commercial, corporate, data protection and privacy, dispute resolution, health care start-ups and health-tech.
It is a unique opportunity to work in a family friendly firm with the ability to work between our South Melbourne office and from home (with all necessary IT equipment being provided).
Ideally, this is a full-time role, but part time will be considered.
Candidates are not expected to have experience in all practice areas since training will be provided as required to suit the successful candidate.
Key Responsibilities:
• Providing legal advice to clients in relation to various matters relevant to the health, community and care sectors as outlined below.
• Participating in business development activities as required by the CEO, including drafting articles and reports for external use, as well as policies and procedures for internal use.
You can expect to be involved in:
• Management of contentious matters in VCAT, Fair Work Commission, Federal and Victorian courts commonly involving discrimination, privacy and employment claims.
• Supporting clients in responding to subpoenas.
Health and regulatory services
• Advising public and private clients on health-related regulatory matters, including:
- professional obligations of health practitioners under the Health Practitioner Regulation National Law;
- advertising and registration obligations under the Therapeutic Goods Act 1989 (Cth);
- matters relating to aged care services under the Aged Care Act 1997 (Cth) (soon to be replaced by the Aged Care Act 2024 (Cth).
• Advising on consent, powers of attorney and medical treatment decision makers.
• Preparing and reviewing contracts in relation to regulatory obligations.
• Advising clients of Health Legal’s business unit, Law Compliance, in relation to legislative obligations and reviewing/preparing relevant policies.
Privacy/FOI/records management
• Advising public and private clients on privacy law related matters, including disclosure of health information, requests for access, information sharing (e.g. for research or under the Family Violence or Child Information Sharing Schemes).
• Representing clients in objections to subpoenas and in applications made under s 32C of the Evidence (Miscellaneous Provisions) Act 1958 (Vic). This includes reviewing records, preparing affidavits and instructing counsel.
• Preparing witnesses to give evidence under subpoenas or summonses to appear and give evidence.
Employment
• Reviewing and preparing employment contracts.
• Advising public and private clients on employee entitlements under applicable legislation and policies, including the Fair Work Act and applicable industrial instruments.
• Advising public and private clients on employment related taxation law issues including superannuation, payroll tax and fringe benefits tax.
• Advising public and private clients on employment matters generally, including advising on investigation and show cause processes. This includes preparing necessary documentation.
• Advising on and representing clients in relation to employment law litigation, predominantly unfair dismissal and general protections claims before the Fair Work Commission.
Contract/ Commercial
• Reviewing and preparing contracts including independent contractor agreements for health practitioners, IT Agreements, collaboration agreements, leases, licences, transfer of business, funding agreements and various commercial arrangements, particularly where there is a regulatory aspect.
Corporate
• Reviewing and preparing company constitutions.
• Advising on corporate governance matters, including amendments of constitutions or other founding documents.
• Advising on directors duties, particularly in the context of public entities or not-for-profit companies limited by guarantee.
• Advising on matters relevant to charitable foundations, including review and preparation of necessary documents.
Key Selection Criteria:
To be our successful candidate you will be a senior solicitor admitted in an Australian jurisdiction with:
• a minimum 3-5 years PQE, ideally in a respected commercial law firm or in-house legal environment.
• excellent technical skills (drafting and research) indicated by strong academic achievement.
• strong statutory interpretation skills.
• ability to work in South Melbourne at least 2 days a week is preferred.
• good judgement and common sense.
• ability to work efficiently and autonomously.
• Candidates who have experience as a Judge’s Associate will be highly regarded although this is not essential.
Applying for this position:
Health Legal is committed to creating a diverse and inclusive work environment and will consider all applications that meet the key selection criteria. We warmly encourage people at all stages, backgrounds and experiences in life to apply for roles with us.
If this position sounds like a great match for you, please submit your CV with a covering letter addressing the key selection criteria to Briony Black, Head of People and Culture.
Applications without a covering letter will not be considered.
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