General Manager, Investigations & Enforcement

About the Office of the Australian Information Commissioner

Working with the Office of the Australian Information Commissioner (OAIC) will put you at the forefront of data protection and access to information regulation. As an independent statutory agency, the OAIC’s work is of national significance and plays an important role in shaping Australia’s information handling landscape across the economy - from government, digital platforms and the online environment, to health, finance and telecommunications. Our mission is to uphold and promote Australia’s privacy and freedom of information laws.

We are an agency within the Attorney-General Department’s portfolio with responsibility for numerous statutory functions including:

• privacy functions under the Privacy Act 1988 and the Digital ID Act 2024, the My Health Records Act 2012 and in relation to the Consumer Data Right (CDR) under the Competition and Consumer Act 2010, in particular, investigating breaches, handling complaints, conducting audits, developing codes, providing policy guidance and educating the public and industry on privacy;
• freedom of information functions under the Freedom of Information Act 1982, in particular, review of decisions made by agencies and ministers, handling FOI complaints, monitoring and investigating agency compliance, providing policy guidance and educating government and the public on FOI rights; and
• information commissioner functions under the Australian Information Commissioner Act 2010 including reporting to the Minister regarding government policy and practice with respect to the collection, use, disclosure, management, administration or storage of, or accessibility to, information held by government and the systems used.

SES leadership roles in the OAIC

SES within the OAIC work as a united team, collaborating and supporting each other and staff in achieving outcomes for the Australian community, and ensuring the agency’s success.

SES at the OAIC are expected to lead by motivating and organising people to produce outcomes that make a difference. It is not just about what our SES deliver, but also how they deliver through their teams and networks. This includes encouraging others to innovate and collaborate.

You will demonstrate leadership that aligns with the values of the OAIC, which include:

• Modelling and championing the OAIC’s Guiding Principles (‘4 Pillars’): being proactive, proportionate, purpose-driven and people-focused
• Possessing integrity and demonstrating alignment with the APS Values: Impartial, Committed to service, Accountable, Respectful, Ethical and Stewardship
• Empowering staff to make decisions and supporting a shift to a more harm-focused regulatory approach for the OAIC that considers risk in a proportionate manner and is not risk averse
• Supporting OAIC’s Commissioners to set the strategic direction of the OAIC, communicating that direction internally and externally, and leading your team to deliver on it.

Key relationships

You will be expected to support the Executive General Manager of the Regulatory Action Division in developing and maintaining effective and productive working relationships with a broad range of external stakeholders including government agencies, regulators, academia, the private sector and the Minister’s Office. You will also be required to build and maintain strong working relationships across the OAIC, in particular with the Commissioners and SES colleagues and other leaders within the OAIC.

You will represent the OAIC at high levels within and outside government.

You will provide strong leadership, guidance and mentoring to staff within your branch to foster their professional development.

About The Role

The General Manager, Investigations & Enforcement provides leadership to the Investigations and Enforcement Branch (Branch) within the Regulatory Action Division (RAD) which contains teams conducting investigations and enforcement activities, develops and implements investigation, litigation and enforcement strategies, and ensures the OAIC’s proactive regulatory action is consistent, proportionate and effective.

Reporting to the Executive General Manager, Regulatory Action (EGM RAD), this role translates the agency’s strategic priorities as they relate to proactive investigations and enforcement into operational plans, manages resources to achieve maximum impact, and builds team capability to deliver quality and timely regulatory outcomes.

The position plays an essential role in positioning the OAIC as an effective and trusted regulator by ensuring investigations and enforcement related regulatory activities are targeted to address the most significant privacy and freedom of information access risks to the Australian community.

Key responsibilities of the role include the following:

• Enhancing operational and case prioritisation processes and implementing new ways of working across the Branch and supporting the EGM RAD in enhancing such practices across RAD.
• Increasing the impact of the OAIC’s regulatory action activities through targeted investigations and enforcement and associated communication strategies.
• Providing oversight and leadership to the Branch and as part of the leadership of RAD, enhancing approaches to delivery while balancing competing demands on resources and engaging with risk to deliver the best enforcement outcomes for the community and positioning the OAIC for the future.
• Working closely with the EGM RAD, Principal Director Compliance, other OAIC executives and the OAIC’s Commissioners to develop, communicate, implement, evaluate and refine the OAIC’s regulatory strategy.
• Supervising teams responsible for strategic and proactive investigations and enforcement action to reduce harms to the community caused by privacy and freedom of information rights violations.
• From time to time, representing the OAIC publicly, under parliamentary or other external scrutiny, or with external stakeholders, and in making complex and contested statutory decisions.
• Ensuring the OAIC’s investigation and enforcement activity is targeted and strategic and applied in a way that advances the community’s privacy and freedom of information rights and the OAIC’s regulatory priorities.
• Providing strategic input into evaluation of the effectiveness of regulatory policies, operational frameworks and guidelines.
• Effectively overseeing and providing advice to the EGM RAD and Commissioners regarding the expenditure of funds to support investigations and proportionate enforcement action including legal and expert fees and disbursements.
• Developing and overseeing investigation and litigation strategies to deliver impactful, timely and proportionate outcomes that promote and protect privacy and freedom of information rights
• Guiding and directing the Directors within the Branch to develop and nurture a high performing, multidisciplinary, collaborative and innovative culture that is aligned with OAIC’s guiding principles.
• Supporting the EGM RAD and Commissioners in maintaining critical stakeholder relationships including across government, in academia, the private sector and the Minister’s Office and ensuring staff across the Branch are engaging effectively with stakeholders, positioning the OAIC as a trusted regulator; and
• Supporting the EGM RAD to establish and drive strategic agendas that align with and support the Commissioners’ priorities and agency purpose.
• Providing timely reporting and visibility of the progression of investigations and enforcement actions being undertaken by the Branch.
• Other duties as required.

A merit list of suitable candidates may be established and may be used to fill future ongoing and non-ongoing similar vacancies at the SES Band 1 level.

Job Specific Capabilities, Skills & Experience

We are seeking applications from candidates who have:

• Legal qualifications or extensive experience in a regulatory environment requiring an expert level understanding of legislation, or an ability to quickly obtain this knowledge
• Experience in overseeing investigations and enforcement actions in a contestable environment
• Demonstrated experience in the proportionate management of resources to achieve effective and timely regulatory outcomes
• Exceptional leadership skills with the ability to inspire and guide teams, and a demonstrated commitment to developing and empowering staff
• Strong stakeholder engagement experience, including representing organisations externally
• High-level strategic skills
• Demonstrated experience in leading through change
• Experience in managing the development and implementation of organisational policies, programs and approaches to work
• In depth knowledge of the Australian Information Commissioner Act 2010, the Freedom of Information Act 1982, the Privacy Act 1988 and related legislation or the demonstrated ability to quickly acquire this knowledge
• Ability to provide impartial and forthright advice to senior leaders, giving consideration to organisational and government priorities.

Desirable:

• Management or public administration qualifications (e.g.,MBA/MPA).

These duties are to be performed in accordance with the APS Code of Conduct and APS Values and Office policies, including Workplace Diversity and Work Health and Safety. Under section 25 of the Public Service Act 1999 the Office may re-assign the duties of an employee from time to time.

Security requirements

You must be able to obtain and maintain a Negative Vetting Level 1 security clearance.

SES Requirements

The Secretaries’ Charter of Leadership Behaviours sets out the behaviours expected from SES across the APS and apply to senior leadership roles in the OAIC. The behaviours build on the Integrated Leadership System and APS Leadership Capability Framework.

This role is considered an Officer under the Work Health and Safety Act 2011 and is required to exercise due diligence in complying with the obligations under this Act.

Position location

The OAIC operates a hybrid work model with a combination of remote working and office attendance.  Whilst the OAIC has offices located in the Sydney CBD and Canberra (preferred locations), we will consider candidate applications from all other locations within Australia.

The OAIC values face-to-face interaction and fostering connection between our people and with our stakeholders. The OAIC’s hybrid work model expects in office attendance when the type of work or task is better suited to being completed from an office, for example, staff inductions and onboarding, planning days, relationship building activities and project or collaborative work.

Remuneration and benefits

Salary will be negotiated with the successful candidate, commensurate with the work level standards at the SES Band 1 level.

The OAIC is committed to enabling its people to perform at their best and offers the following benefits:

• Opportunity to work at the cutting edge of privacy and data protection, paving the way for future career opportunities.
• Access to ongoing professional development, with a capability framework to guide skill enhancement.
• Genuine flexibility to help achieve a balance between work and home life.
• Paid leave over the Christmas to New Year period as well as access to other leave (e.g. for study or moving).
• Contribution to your wellbeing through subsidies for eye health, flu vaccinations and a wellbeing allowance.

The OAIC is committed to diversity and inclusion. We encourage and welcome applications from people with disability, Aboriginal and Torres Strait Islander peoples, LGBTIQ+ people, people from culturally and linguistically diverse backgrounds, and mature age people.

Eligibility

• Section 22 of the Public Service Act 1999 requires that APS employees must be Australian citizens.
• There are restrictions on employment of people who have, within the previous 12 months, accepted a redundancy benefit from an APS agency or a non-APS Commonwealth employer.
• For the duration of your employment with the OAIC you will be required to obtain and maintain an Australian Government security clearance at the Negative Vetting Level 1 and meet required background, identification and character checks.
• Note: All duties are to be performed in accordance with the APS Code of Conduct and APS Values and OAIC policies, including Workplace Diversity and Work Health and Safety. Under section 25 of the Public Service Act 1999 the OAIC may re-assign the duties of an employee from time to time.

How to Apply

1. Please complete the application form found at the end of this job pack as part of your submission.
2. Please provide a statement of claim of up to 2 A4 pages, addressing your interest, motivation and fit for the role. Your statement should include the use of practical and professional examples as relevant to the role and the job specific capabilities, skills and experience outlined above.
3. Your application form, CV and statement of claim should be collated as one document (where possible) and sent in a single email to: jobs@oaic.gov.au.  Please ensure your email includes your full name in the email subject field, along with the job reference number found on the front page of this pack.