Title: Legal Draftsperson

Location: Attorney-General’s Chambers, Honiara, Solomon Islands

Reports to (ASIPJ): Deputy Team Leader

Term: Fixed, commencing on a date to be agreed to December 2024

 

Background

The Australia Solomon Islands Partnership for Justice (ASIPJ) continues Australia’s long-running support to the Solomon Islands Government (SIG) justice sector, being directly preceded by the Australia Solomon Islands Justice Program. Its goal is to work closely with SIG to enable justice agencies to maintain delivery of their existing, core activities while clearly identifying and engaging with fundamental problems and critical issues affecting their ability to contribute to stability and offer access to justice for citizens.

Subject to a finalised design, ASIPJ will be delivered through four key outcome areas:

i). Improving core service delivery capacity;

ii). Enhancing capacity for justice sector management and leadership;

iii). Enhancing collaboration with state and non-state actors to improve access to justice, and

iv). Increased sensitivity and responsiveness to those vulnerable to family and sexual violence. It is a four-year program with an option to extend to eight years.

ASIPJ aspires to be locally led, problem-oriented and learning driven. It will be pragmatic, practical, and adaptable, and will mainstream gender equality, disability and social inclusion (GEDSI). Deloitte is the Managing Contractor, leading an exciting coalition for change that includes Adam Smith International, providing the Operations Hub; Ninti One, for its Indigenous expertise; and The University of Queensland, to support critical research and knowledge generation.

Role Dimensions

Overview

The Legislative Drafting Division of the Attorney-General’s Chambers (LDD) provides legislative drafting services to the Solomon Islands Government (SIG). The Legal Draftsperson occupies an in-line SIG position and is the head of the LDD. The principal role of the Legal Draftsperson is to carry out legislative drafting duties. They are also responsible for the effective management and functioning of the Division.

In addition to assisting the LDD through the provision of the Legal Draftsperson, ASIPJ also provides support to the LDD through the services of an LDD Adviser, whose primary responsibility is to mentor and support legislative drafting counsel within the LDD. In undertaking their role, the Legal Draftsperson will work closely with the LDD Adviser.

The Legal Draftsperson will undertake the following key activities:

• Draft primary and secondary legislation
• Provide drafting-related advice and guidance to SIG personnel
• Manage the Legal Drafting Division, including staff of the Division

Summary of Responsibilities

• Draft primary and secondary legislation as instructed by the Attorney-General and befitting the Solomon Islands’ context. This may involve, inter alia: liaising with SIG instructing personnel and others to clarify drafting instructions, and reviewing, providing inputs and endorsing draft legislation prepared by approved consultant legislative drafters.
• Provide advice and guidance to SIG personnel on issues of legislative drafting, statutory interpretation and/or other relevant matters, including providing advice on whether legislation is necessary to effect policy change and, if so, the nature of the legislation required.
• Supervise legislative drafting counsel and other staff of the LDD, including assisting with the allocation of drafting tasks, observing staff performance and, in consultation with the Attorney-General, implementing measures to improve the performance of individual staff and the functioning of the Division.
• Work with the LDD Adviser and ASIPJ’s Professional Development Adviser to identify professional development opportunities for staff of the LDD. This may include engaging in discussions and activities to do with training/continuing legal education. It may also encompass tasks related to identifying appropriate and interested overseas-based legislative drafting agencies with whom the LDD could possibly form a twinning relationship.
• Work closely with the Project Manager, Digital Legislation Infrastructure Project, to finalise activities relevant to consolidation of the amended primary laws of Solomon Islands, the development of a subsidiary legislation index and other project outputs.
• Where the workload of the LDD warrants, provide drafting tasks to the LDD Adviser and review draft legislation prepared by the LDD Adviser.
• Appear before the parliamentary Bills and Legislation Committee as required.

In undertaking a number of the tasks listed, the Legal Draftsperson will need to be cognisant of the drafting style adopted in Solomon Islands and the requirement to draft legislation for a Solomon Islander audience. The Legal Draftsperson will be required to act in an impartial manner and maintain strict confidence. They will also be required to assist the Attorney-General and LDD staff to develop productive working relationships with SIG agencies and other stakeholders, also assisting with raising the profile of, and awareness of, the role and functions of the LDD.

Other

The Legal Draftsperson may be required to undertake other tasks as directed by the Attorney-General.

The Legal Draftsperson may be required to contribute to ASIPJ activities as directed by the Head or Deputy Head of Program, ASIPJ, and as agreed with the Attorney-General.

Reporting and Performance Management

Day to day supervision of the Legal Draftsperson will be undertaken by the Attorney-General. The Deputy Team Leader, ASIPJ, will monitor performance and delivery of deliverables in accordance with this TOR and with the Legal Draftsperson’s workplan.

Selection Criteria

Qualifications

Tertiary qualifications in law.

Key Skills, experience, and personal qualities

• Significant experience drafting primary and secondary legislation as a legislative drafter in a dedicated government drafting office in a common law jurisdiction.
• Plain English drafting experience.
• Proven experience in managing and mentoring legislative drafting counsel with a demonstrated personal commitment to building the capacity of a legislative drafting office and the professional development of individual legislative drafters.
• Experience working in a culturally diverse environment and understanding the impact that has on communication and language usage.
• Sound personal professional and ethical standards and strong interpersonal skills, with ability to communicate with a wide variety of stakeholders including cross-culturally and remotely.
• Understanding of Solomon Islands and/or the Melanesian development context will be an advantage, as too will Tok Pisin, Bislama or Pijin language skills.

COVID-19

ASIPJ team members need to adhere to SIG COVID-19 policy requirements for the purposes of entry into government offices. This includes being double vaccinated.

How to Apply

Please submit your application before 11 October 2022 11:59pm Australian Eastern Standard Time (AEST) to: hr.asipj@asipj.com.sb and copy Rami Alkhatib at Rami.Alkhatib@adamsmithinternational.com

Please use the following title: Application for Legal Draftsperson, ASIPJ Program

Applications should include a cover letter of no more than two pages addressing the position selection criteria, a CV of no more than four pages and the contact details of two professional referees.

ASIPJ is committed to building a diverse team. Applications from Solomon Islanders, citizens of other Pacific island states or indigenous Australians are strongly encouraged, even where you do not meet all of the stated criteria.

If you have any questions about the recruitment process, we encourage you to reach out to ASIPJ HR Team via hr.asipj@asipj.com.sb or call ASIPJ Office +677 26530.