Legislative Drafting Division Adviser-ASIPJ

Title: Legislative Drafting Division Adviser

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 LDD Adviser will support the LDD in carrying out its duties to draft and/or vet principal and subsidiary legislation. The LDD Adviser will provide both individual and group mentoring and on-the-job training to legislative drafting counsel to strengthen their capacities to carry out their drafting role and to improve the functioning of the LDD.

In addition to assisting the LDD through the provision of an LDD Adviser, ASIPJ also provides support through the services of the Legal Draftsperson, who occupies an in-line SIG position. The Legal Draftsperson is the head of the LDD. As such, the LDD Adviser with work under their direction.

The Legislative Drafting Division Adviser will undertake activities in the following areas:

Assist legislative drafting counsel with their individual drafting activities and identify relevant professional development needs and opportunities.
In collaboration with others, produce a Drafting Manual for the LDD and a draft Interpretation Bill.
Identify and work to implement improvements in the overall functioning of the LDD, including its relationships and office processes.

Summary of Responsibilities

Primarily, the LDD Adviser will provide assistance and advice to drafting counsel on their indiviudal legislative drafting activities. In undertaking their role, the LDD Adviser will:

Support individual legislative drafting counsel during the legislative drafting process, including in their communications with SIG instructing personnel and others, and by reviewing draft legislation that counsel produce;
Engage in one-on-one and/or group mentoring and training with legislative drafting counsel;
Support the continuing development of LDD’s relationships with SIG ministries and agencies and others, promoting a drafting process based on collaboration and team work;
Take the lead in producing LDD’s Drafting Manual and a draft modern Interpretation Bill and, in collaboration with legislative drafting counsel and others as appropriate, use this process as a basis for delivering training;
Identify areas where the staff of the LDD could benefit from training/continuing legal education (including online training) and, following discussions with the Legal Draftsperson, deliver this training or provide advice to the Legal Draftsperson and ASIPJ’s Professional Development Adviser on service providers able to deliver this training;
Work with ASIPJ’s Professional Development Adviser, ASIPJ management and the Legal Draftperson in identifying appropriate and interested overseas-based legislative drafting agencies with whom the LDD could possibly form a twinning relationship (and if such a relationship is formed, take steps to advance this relationship);
Support individual drafting counsel undertake assigned management duties;
Identify improvements in the administrative and operational practices of the LDD, and in consultation with the Legislative Draftperson, take steps to implement these;
As required, and working with an external sub-contractor engaged by ASIPJ, support the development of an electronic record storage and management system within the LDD.

In undertaking a number of the tasks listed, the LDD adviser will need to be cognisant of the drafting style adopted in Solomon Islands and the requirement to draft legislation for a Solomon Islander audience. In undertaking their role, the adviser will be required to act in an impartial manner and maintain strict confidence.

In fulfilling their responsibilities, the LDD Adviser will work closely with the Legal Draftsperson to ensure that a coordinated and agreed-upon approach is employed concerning LDD activities. The adviser will be expected to provide general day-to-day support to the functioning of the Division and maintain a collegiate and collaborative relationship with staff of the Attorney-General’s Chambers. The adviser will also work in a consultative and cooperative manner with SIG counterparts, donors, advisers and others. The adviser will work with ASIPJ’s cross-cutting advisers, specifically those working on professional development; gender equality, disability and social inclusion; and monitoring, evaluation, research and learning.

Other

In addition to supporting staff of the LDD, under the direction and supervision of the Legal Draftsperson, the LDD Adviser may, from time-to-time, be required to draft legislation.

The Legislative Drafting Adviser may be required to undertake other tasks as directed by the Legal Draftsperson and/or the Attorney-General.

The Legislative Drafting Adviser may be required to contribute to other ASIPJ activities and outcomes as directed by the Head of Program, ASIPJ, and as agreed with the Legal Draftsperson and/or the Attorney-General.

Reporting and Performance Management

Day to day supervision of the LDD Adviser will be undertaken by the Legal Draftsperson subject to the direction of the Attorney-General. The Deputy Team Leader, ASIPJ, will monitor performance and delivery of program deliverables in accordance with this TOR and with the Adviser’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 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 Legislative Drafting Division Adviser, 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.