SENIOR LEGAL ADVISER. Dotted line Chief Executive. Chief Executive

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Peter York
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1 SENIOR LEGAL ADVISER POSITION: Senior Legal Adviser REPORTS TO: Registrar Dotted line Chief Executive FUNCTIONAL RELATIONSHIPS: Chief Executive Registrar Senior Policy Adviser Registration and Business Services Manager Health Manager Professional Standards Manager Service teams Professional Conduct Committee members External Counsel DATE AGREED: October 2014 JOB PURPOSE To contribute to the overall effectiveness of the Medical Council by assisting and advising on all legal questions in the critical decisionmaking processes of PCCs, supporting prosecutions and by providing legal services (including legal advice) to the Council and Council staff.

2 LIMITATIONS ON AUTHORITY Subject to delegation by CEO, within Council policies All expenditures to be within approved budget, unless prior approval given by CEO Compliance with the Health Practitioners Competence Assurance Act 2003 (where relevant), and with MCNZ policies and procedures The position is subject to the non-disclosure agreement relating to confidential information KEY ROLES ACCOUNTABILITES Adviser to Professional Conduct Committees (PCCs) Represent and provide advice to PCCs as required on: Law; Professional standards; Evidence; Process; Case management; and Other matters as required Draft and/or review correspondence sent on behalf of PCCs Support PCCs in their investigation role by: Assisting the PCC with interviews with complainants, and witnesses, who are parties to matters referred to PCCs; Assisting with the coordination of interviews with witnesses and other information gathering as required Assisting the PCC in interview preparation; Assisting the PCC when conducting hearings with the medical practitioners under investigation; Responds to any legal submissions or All advice is consistent and complies with the HPCA Act and any other relevant statutory obligations PCCs are informed of the law and relevant standards as relate to the matter under investigation; PCC s are provided with advice on appropriate steps to take in the investigation and of possible evidence options; PCCs are completed in a timely manner; Evidence gathered by PCC s is relevant and sufficient to support any conclusions reached by the PCC; Correspondence sent is appropriate and legally robust; Hearings are conducted fairly and reasonably; Evidence gathered complies with the accepted principles of evidence and natural justice; Questions asked by PCC members at interview are relevant and fair; Accurate notes and/or records are kept of all interviews undertakenby the PCC The PCC process is robust and able to sustain legal challenge; PCCs comply with statutory timeframes and obligations

3 concerns raised by parties to the investigation where instructed. Attend teleconferences with PCCs as required; Communicates and supports PCC members and in particular the convenor; Drafts PCC reports as directed by PCCs Maintain administrative systems for recording cases Contributes to training and guidance provided to PCC convenors and members; All parties are consulted and kept informed about developments Rights and obligations are clearly identified Complainants and practitioners legal rights are observed by the PCC; PCC members are aware of and involved in the process of the investigation; Questions and concerns from PCC members are responded to in a timely and appropriate manner; Proactively identifies opporuntites to enhance relationship with PCC Convenors and members Reports are accurate and reflect the information gathered by the PCC and the views of the PCCs; Health Practitioners Disciplinary Tribunal In conjunction with the convenor of a PCC, instruct counsel appointed by the PCC to prosecute a doctor before the Health Practitioners Disciplinary Tribunal Appear, when instructed, as Counsel for the PCC in the HPDT and other Courts as required; Draft and/ or assist in the drafting of charges laid by the PCC in the HPDT; Reports to Council drafted by legal adviser are well written, and in plain english; All recommendations are made in accordance with the rules of natural justice Reports are completed within the statutory time frame. and timely; All recommendations and suggestions are carefully considered, constructive, relevant and appropriate All results are appropriately and accurately recorded An up to date data base of current PCC matters and outcomes is maintained. PCC members receive relevant and appropriate training both formally and informally. External prosecutors are appointed from an approved panel; Appointed prosecutors are provided with a complete PCC file and clear instructions from the PCC: Appearances on behalf of the PCC as prosecutors are undertaken in a professional and competent manner; and comply with accepted ethical and prosecutorial guidelines and codes of

4 Prepare briefs of evidence, case files and other relevant documentation; Undertake research and draft submissions for the HPDT; Prepare bundles of documents, evidence and cases bundles for presentation in the HPDT Facilitate and manage the prosecution process throughout conduct; HPDT timetabling orders are complied with; Charges reflect the evidence gathered and the concerns of the PCC; Submissions are legally correct, well written and competently presented; Bundles of documents are accurate, well organised and filed in accordance with HPDT practice guidelines Legal advice to Council Provide advice to the Council, Chief Executive, Registrar and other members of the management team on general legal matters affecting the Council Advise on the interpretation and application of legislation (including Privacy Act and employment-related legislation) Draft and review significant or complex legal documents as required Identify opportunities for the Council to improve its regulatory function including recommendations for changes to policy, procedure, legislation and training where and when required Maintain effective relationships with external legal service advisers A high degree of understanding of relevant legislation and case law is maintained and applied Advice addresses and takes into consideration all relevant issues and is timely, accurate and practical and easy to understand Communicates succinct outlines of complex legal issues and rationale for opinion Advice is effectively communicated to all necessary parties Administration is complete and accurately maintained Drafting is concise, impartial, legally and factually accurate identifies all relevant points. Under direction of Registrar, provide instruction and direction to external legal counsel Attend and participate in internal and external meetings as directed; Advice is provided in a timely manner Exercises sound legal judgement having regard to the Council s objectives Ensures Council s legislative compliance by ensuring awareness of and compliance with relevant legislation Review of Council reports/documentation Review Council papers and case files, as required, identifying any legal risks and advising on compliance with any relevant Reviews and recommendations are prompt, through and accurate, clearly recorded

5 legislative or other legal/procedural requirements Strategic/project roles as assigned by Chief Executive or Registrar Provide legal support to Council teams dealing with strategic significant or complex projects Attend meetings as required Any legal or procedural issues or risks are identified, and options presented for addressing these Analyse and understand the relevant facts and legal issues Stays informed and is aware of issues associated with strategic developments and projects Develop clear and robust next steps from a legal perspective Anticipate legal road blocks and steer the team around these Advocacy/representation Represent the Council when required, including informing the profession and public on issues and law relating to disciplinary and competence functions of the Council Prepare submissions, as directed Review submissions Council s position or policy is presented clearly, accurately, and in a way that can be easily understood and applied by target audience Submissions clearly analyse and present the relevant facts and legal issues, and present well articulated and argued recommendations Supervision of legal adviser(s) Review and quality assure the technical work of the legal adviser(s) Allocate work to the legal adviser(s) reflecting the legal adviser s technical knowledge, skills, abilities and work demands Work produced is of a high standard and in accordance with Medical Counsel and legal guidelines Work objectives are set out and are clear, achievable and understood by the legal adviser(s) Provide appropriate coaching and support to the legal adviser(s) Manage any performance issues/concerns relating to the work of the legal adviser(s) Workload is manageable Evidence of staff skill development in accordance with Council s Performance Partnership Programme Evidence of addressing the work needs

6 of staff Issues are addressed promptly Professional development Undertake self development activities to maintain up to date knowledge of the recent developments in law and practice relevant to the role of senior legal adviser and in-house practice Displays an up to date understanding of current trends and developments Complies with NZ Law Society CPD requirements. PERSONAL CHARACTERISTICS REQUIRED BY THE POSITION QUALIFICATIONS Qualified Lawyer holding a current practising certificate KNOWLEDGE & EXPERIENCE Relevant experience in the Health Sector and /or Medical Law Knowledge and experience of the prosecutions process, including legislation, case law, court procedures Extensive word-processing experience and proficiency in a Windows environment (especially with Word, MS Project and PowerPoint) PERSONAL SKILLS Ability to work both independently and within a small team High level of initiative, judgement, critical analysis and decision making ability Personal organisation and self management Strong oral and written communication and presentation skills Information technology skills Time management, task planning and prioritising abilities Flexibility and the ability to stay calm under pressure while still delivering on outputs

Background information on proposed Fees increase for the Psychotherapists Board of Aotearoa New Zealand for the 2009/2010 Year

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