Overview of Comcare and the Legal Group
Comcare is a statutory body established under the Safety, Rehabilitation and Compensation Act 1988 (SRC Act), with a focus on participation and productivity through healthy and safe workplaces.
Comcare also manages common law liabilities under the Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005 (ARC Act) and supports both the Safety, Rehabilitation and Compensation Commission and the Seafarers Safety, Rehabilitation and Compensation Authority.
The Legal Group provides legal services and support to Comcare to perform these functions and is based in both Canberra and Melbourne.
The work of the Legal Group is diverse and varied, and includes:
1. investigation and prosecution support regarding alleged breaches of the WHS Act
2. legal advice and decision support for Comcare’s claims management functions, conducting merits review proceedings in the Administrative Appeals Tribunal (AAT), conducting judicial appeals, and providing legal and strategic advice on evidence and risk
3. legal advice and support for all legislation administered by Comcare, including corporate and governance functions
4. legal advice and support for Comcare’s administrative legal functions
5. developing delegated legislation and support to Comcare’s involvement in developing primary legislation
6. responding to external review enquiries
7. supporting the Safety, Rehabilitation and Compensation Commission and Seacare Authority
8. monitoring and managing litigation across the Comcare scheme.
Overview of the team and role
The position is in the Claims and Litigation Services team. That team provides in-house legal services and support in relation to the SRC Act, the ARC Act, the Parliamentary Injury Compensation Scheme, and the management of common law and recovery matters.
The team provides claims advisory legal support and advice to facilitate Comcare’s claims decision making function. The team supports claims managers to enable early claims investigations, and engagement with employees and employers.
The Claims and Litigation Services team represents Comcare in Tribunals and Courts in relation to merit review proceedings and judicial appeals
The team supports Comcare’s management of common law asbestos-related disease liabilities and provides instructions to external Legal Service Providers representing Comcare in the management of common law asbestos-related claims and liabilities.
The Senior Legal Adviser supports the Principal Legal Adviser in performing their role, and provides client-focused specialist legal and strategic advice and support to:
9. Comcare’s function in making claims determinations accurately and quickly
10. delivery and support of an in-house claims litigation representation function that resolves disputes promptly and with integrity.
The Senior Legal Adviser will resolve complex problems and manage risk effectively, and manage their workload in a manner consistent with the APS Values and Code of Conduct, the Legal Services Directions 2017, and internal Comcare procedures.
Providing high level leadership and management, the Senior Legal Adviser will achieve organisational objectives through successful planning, contributing, supervising, mentoring, and collaborating within teams.
Mandatory Qualifications
11. Undergraduate degree in law.
12. Admission as a legal practitioner of the High Court or the Supreme Court of an Australian State or Territory (Five years or more post admission experience is desirable. Experience providing legal and strategic advice and conducting litigation in a workers’ compensation or statutory benefits scheme environment will be highly regarded).
13. Current Practising Certificate or ability to obtain one within three months.