HRB 32B (05/08)
DFEEST/06/50941
JOB AND PERSON SPECIFICATIONS
Title of Position:
Senior Consultant, Freedom Of
Information, Privacy and Intellectual
Property
Classification Code: ASO6
Administrative Unit:
Department of Further Education, Employment, Science and
Technology
Directorate:
Corporate Services
Unit/Section:
Legislation and Delegations
Type of appointment:
Ongoing
Temporary
Other
Term
Exec
Term
Position Analysis:
 Originated by: Manager, Legislation and Delegations
 Classified by: Human Resources
Version Number:
Position Reference Number:
SBSR054
Version Date: August 2011
Job and Person Specification Approval
__________________ ___/___/___
CPE or CEO or Delegate
JOB SPECIFICATION
1. Summary of the broad purpose of the position and its responsibilities/duties
The Senior Consultant, Freedom of Information, Privacy and Intellectual Property, provides leadership and manages
the Department’s responsibilities in the following specialist legal areas:




Freedom of Information Act 1991 (SA) (FOI Act);
Intellectual Property;
Privacy, confidentiality, and personal information; and.
Provides generalist legal policy, analysis, research and project functions for DFEEST.
2. Reporting/Working Relationships
Reporting Lines are as follows:
Manager,
Legislation
Manager,
Legislation and
Delegations
and Delegations
Senior Consultant,
Freedom Of
Information, Privacy
and Intellectual
Property (ASO6)
Managing Solicitor, Crown
Solicitor’s Office Outposted to
DFEEST
Senior Consultant,
Civil Claims and
Delegations (ASO6)
TBA
Systems Coordinator
(ASO4)
Administrative
Services Officer
(ASO2)
Administrative
Services Officer
(ASO2)
Government
Investigator
Outposted to
DFEEST
Solicitor x3 (Crown
Solicitor’s Office Outposted
to DFEEST)
Senior Consultant, FOI, Privacy and Intellectual Property
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2. Reporting/Working Relationships (cont)
Key working relationships required to support performance outcomes are:
Internal: Reports to the Manager, Legislation and Delegations. Is the first point of contact within DFEEST for FOI,
Intellectual Property, privacy, confidentiality and management of personal information.
External: Is the primary point of contact for external queries relating to FOI, privacy, and Intellectual Property for
DFEEST. Agency Administrator for DFEEST on the Freedom of Information Management System
(FOIMS) database managed by State Records of South Australia (State Records). Primary contact for
correspondence from State Records relating to FOI and the Information Privacy Principles. Regularly
liaises with FOI officers across state government departments. In managing these relationships, provides
customer service and negotiates effective positions on behalf of DFEEST to its external clients, their legal
advocates and court officials.
3. Special Conditions
Travel:
Out-of-hours:
Location:
Performance targets:
Conditions:
Some intrastate and interstate travel is required
Some out of hours work may be required
ANZ Building, 11 Waymouth Street, Adelaide
Is subject to performance agreement with the Manager Legislation and Delegations
Satisfactory participation in DFEEST Performance Management Program.
Appointment to this position will be subject to a satisfactory criminal history check.
4. Authority
Levels/limits of authority in relation to finance, human resources and administrative requirements are defined by
Departmental delegations and policies.
The Senior Consultant, Freedom of Information, Privacy and Intellectual Property, holds Ordinary Financial and
Payment Authorisations with:
 Applications under the FOI Act
 Expenditure incurred in processing legal documentation such as subpoenas.
5. Voluntary Flexible Working Provisions (Provisions may be available subject to operational requirements)
In line with the Department’s Flexible Working Arrangements Policy, this position is able to access the range of
options available such as flexi-time, compressed weeks, purchased leave etcetera through negotiations with the
relevant manager.
Flexitime:
Working Part-time:
Compressed Weeks:
Job Share:
Working at Home:
Purchased Leave (48/52):
Senior Consultant, FOI, Privacy and Intellectual Property
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6. Statement of Key Responsibilities/Duties
Manages DFEEST’s responsibilities under the Freedom of Information Act 1991 (SA) (FOI Act):
 Manages all FOI applications received by DFEEST and the Minister for Employment, Training and Further
Education’s office to ensure compliance with the FOI Act, regulations made under the FOI Act, and FOI
Guidelines.
 Coordinates the consultation process between DFEEST and third parties for all FOI applications.
 Coordinates DFEEST’s response to other agencies’ requests for consultation under the FOI Act.
 Provides, where appropriate, information and advice direct to applicants including processes within the
management of their claim in accordance with the FOI Act.
 Assesses discovered documents relevant to FOI claims and presents a draft determination to the Accredited
FOI Officer within DFEEST for endorsement, determining the release of documents held by DFEEST.
 Coordinates the transfer of FOI applications in cases where relevant documents are identified as being held
within other agencies.
 Maintains clear communication between DFEEST, the Ministers and their offices and State Records.
 Administers the FOIMS database and produces the required monthly and annual FOI reports.
 Provides advice relating to Freedom of Information to staff, clients, and stakeholders.
 Represents DFEEST at intergovernmental forums that relate to the FOI Act and its application to government.
 Coordinates and administers education and training for DFEEST employees to promote awareness of their
obligations and responsibilities under the FOI Act.
 Coordinates appeal processes on FOI for DFEEST and Ministers’ offices for the Manager Legislation and
Delegations.
Manages DFEEST’s Intellectual Property (IP) obligations and compliance:
 Manages and reports on DFEEST’s Intellectual Property for the Minister
 Monitors and tracks Intellectual Property within DFEEST
 Provides assistance to TAFE SA with Intellectual Property matters including:
o Patents for new or improved products or processes;
o Trade marks;
o Designs;
o Circuit layout designs;
o Plant breeder's rights; and
o Confidentiality/trade secrets
 Ensures DFEEST’s compliance and reporting requirements are met in accordance with Government Policy.
Manages privacy, confidentiality, and personal information responsibilities in DFEEST




Provides advice to Departmental officers on the Information Privacy Principles of the Department of the Premier
and Cabinet..
Provides advice and prepares documentation specifically in relation to issues of privacy and confidentiality
(including appropriate consent documents), and engages the Crown Solicitors in complex matters.
Provides education for DFEEST staff on the application of, and compliance with, the Information Privacy
Principles.
Represents DFEEST at intergovernmental forums that relate to the Information Privacy Principles.
The principles and practices of Equal Employment Opportunity, Diversity, Occupational Health Safety & Welfare, Risk
Management and Business Continuity, general public sector aims and the Code of Ethics are promoted and
implemented and the provisions of the relevant legislation and regulations are adhered to.
Senior Consultant, FOI, Privacy and Intellectual Property
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7. Position Context
The Department of Further Education, Employment, Science and Technology (DFEEST) is responsible for:
1. Ensuring high levels of participation and achievement in learning and work and raising the skill levels of South
Australians;
2. Assisting industry and employers to develop their workforce and meet their skills needs;
3. Building the capability, quality and capacity of the vocational education and training (VET) and higher
education systems to meet the demands of individuals and of industry;
4. Providing public funding for training to approved providers;
5. Advancing science and research and the information economy through developing and implementing whole
of State strategies to support improved state productivity, higher value jobs and skills; including skills that
people need to prosper and advance in a digitally connected world.
In February 2011, Skills for All was announced as the strategic direction for vocational education and training in South
Australia. The Skills for All reform proposes fundamental changes to the State’s training system in order to:
 Raise the skill levels of South Australians;
 Increase the number of South Australians with post school qualifications and achieve the Government’s Job
Strategy of an additional 100,000 training places to support 100,000 jobs;
 Increase employment participation.
Skills for All will change not only to how training is funded but how DFEEST operates. There will be a move from a
supply driven funding model to a demand driven model where publicly subsidised students will be able to select a
Skills for All provider and the training of their choice. DFEEST will provide funding to the Skills for All provider based
on demand. Skills for All also introduces a new partnership with industry and an emphasis on a modern flexible
training system.
To support these strategic directions the DFEEST Corporate structure brings together like functions in streams of
activity, to strengthen policy, strategy, client and industry engagement. All Corporate Directorates work collaboratively
with a strong emphasis on outcomes and accountability to ensure organisational goals are met.
TAFE SA is a current business unit within DFEEST. Through Skills for All, there will be an operational separation of
TAFE SA from DFEEST. This will be a staged approach with TAFE SA having greater autonomy through the Office of
TAFE for the 2011-2012 financial year and then statutory authority status from 1 July 2012. Until this happens, TAFE
SA staff and budget are still considered part of the overall DFEEST FTE and budget.
DFEEST is an equal opportunity employer and encourages Indigenous Australians, young people, people with
disabilities, people from culturally diverse backgrounds and women to apply for advertised positions.
There is approximately 3300 fte staff in the Department and the budget is some $460m (including TAFE SA).
The Legislation and Delegations Unit manages the legal demands of DFEEST and provides a responsive and
effective service customised to the business requirements and legal responsibilities of business units within the
Department.
8. Position Challenges
To fulfil DFEEST’s obligations under both FOI and Intellectual Property regimes , the Senior Consultant,
Freedom of Information, Privacy and Intellectual Property must have excellent communication and organisational
management skills. The position requires the incumbent to exercise a high level of integrity and discretion when
handling sensitive FOI, privacy and confidentiality documents, and consulting with applicants, departmental
officers and/or third parties. The incumbent must communicate effectively to achieve sufficient understanding of
technical legislative issues by all levels of DFEEST from Minister down, to appropriately advise the Ministers and
DFEEST, and undertake the diverse responsibilities of the position. The incumbent must also exercise high
standards of judgement in technical and professional matters to achieve agreed performance goals of the
position.
The Senior Consultant, Freedom of Information, Privacy and Intellectual Property, requires a high level of
knowledge in relation to the Freedom of Information legislation, the Information Privacy Principles, and
Intellectual Property policy in order to manage the compliance and reporting requirements of the Intellectual
Property of the Minister.
Senior Consultant, FOI, Privacy and Intellectual Property
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In addition to managing the specialist legal areas of the position, the incumbent also has a responsibility to assist
in or manage specific analysis, research, advice (both written and verbal) and project work relating to general
legal issues that affect business units within DFEEST.
9. Certified Correct
Approved:
Line Manager
/
/
Endorsed:
Human Resources
/
/
/
/
Occupant
Senior Consultant, FOI, Privacy and Intellectual Property
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PERSON SPECIFICATION
Essential Minimum Requirements (Those characteristics considered absolutely necessary).
Educational/Vocational Qualifications
Personal Abilities/Aptitudes/Skills
 Proven ability to evaluate legislation, policy and instructions, assess their implications, and prepare and
coordinate effective implementation plans.
 Proven ability to communicate effectively, impartially and confidentially, both verbally and in writing, with staff at
all levels and with members of the public.
 Proven ability to work harmoniously and flexibly as part of a small team with large volumes of work, managing
competing priorities, using initiative, and adapting quickly and effectively to changing requirements.
Experience (including community experience)
 Demonstrated experience in conducting research and analysis on various legal matters and other information in
order to make a professional judgement and provide advice and options to management or clients.
 Demonstrated experience preparing reports and briefings for management as well as policies, procedures and
project work relating to specific areas of expertise.
 Experience in interpreting and applying the FOI Act, Information Privacy Principles and policy schemes related to
FOI, Intellectual Property and Privacy.
Knowledge
 A sound working knowledge of public sector operations and central agency instructions and circulars.
 Applying OHS&W legislative requirements in business activities for which the position is responsible, whilst
ensuring compliance to Agency OHS&IM policies, procedures and processes.
Desirable Characteristics (To distinguish between applicants who have met all essential requirements).
Personal Abilities/Aptitudes/Skills
 Experience in facilitating the implementation of recommended outcomes or strategies through managing
relationships with Government or non-Government agencies.
Experience
 Experience providing an education services on specialist issues.
Knowledge
Educational/Vocational Qualifications
 Completed the State Records Training for Accredited and Non-Accredited Officers
Senior Consultant, FOI, Privacy and Intellectual Property
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