SENIOR CRIMINAL ADVISER

POSITION TITLE

Senior Criminal Adviser

POSITION NUMBER

294 (15 month)

ADVISER REMUNERATION FRAMEWORK (ARF) DISCIPLINE AND LEVEL

Long-Term Adviser, C3

Base salary range per month depending on qualifications and experience

AUD 10,946 – 13,683 Plus allowances based on ARF guidelines.

For information on the ARF visit Adviser Remuneration Framework

DURATION OF CONTRACT

1 March 2012 – 30 June 2013 (15 month)

PILLAR

Law and Justice (L&J)

SIG AGENCY

Public Solicitor’s Office (PSO) – Ministry of Justice and Legal Affairs (MJLA)

LOCATION

Honiara, with possible travel to the provinces.

REPORTING TO

Public Solicitor

SIG COUNTERPARTS

Public Solicitor

Lawyers in the PSO criminal practice group.

SIG SUPPORT

Counterparts, work space and other support necessary to fulfil the requirements of the position

SRSF SUPERVISOR

Law & Justice Team Leader

            BACKGROUND TO THE POSITIONS

The Regional Assistance Mission to Solomon Islands (RAMSI) is a partnership between the people and government of Solomon Islands and the 15 contributing countries of the Pacific Region. RAMSI is providing broad-ranging support for the restoration of law and order and is supporting Solomon Islands to re-establish an effective and accessible law and justice system.

The SIG-RAMSI Support Facility (SRSF) is working to assist the Solomon Islands Government (SIG) and RAMSI in achieving this objective by supporting the activities of the MJLA and the Ministry of Police, National Security and Correctional Services, the National Judiciary, the Registrar-General’s Office, the Attorney-General’s Chambers, the Law Reform Commission, the Office of the Director of Public Prosecutions, the PSO, the Royal Solomon Islands Police Prosecutions Directorate and the Correctional Service of Solomon Islands.

A key function of all personnel contracted by SRSF is to mentor and empower Solomon Islands professionals to take the lead in building efficient, affordable, accountable and sustainable justice sector institutions. SRSF values people who show initiative, are positive and enthusiastic, creative and flexible, co-operative and tolerant, respecting of others and relate well to people.

This adviser position has come about through a combination of partner agency requests, extensive and documented discussion between all stakeholders, internal discussion within PSO, and independent assessments/recommendations of organisational capability.

 The PSO is established under Section 92 of the Solomon Islands Constitution of 1978 to provide legal aid, advice and assistance to people in need. The PSO is responsible to the MJLA for administrative and policy matters. However, it is an independent office according to the Constitution and is mandated under the Public Solicitor Act (Cap 30) to provide legal aid in criminal, family and civil matters. The PSO also has a special unit, which was set up in 2009, known as the Landowners’ Advocacy and Legal Support Unit. This Unit conducts environmental litigation in cases of strategic importance to the Solomon Islands, particularly disputes involving customary land ownership. Apart from its core business in providing legal aid, the PSO also conducts community education to inform the public about their legal rights and contributes to the development and reform of Solomon Islands laws through submissions to the Law Reform Commission and challenges to administrative decisions before bodies such as the Ombudsman. 

The adviser position in the PSO will build counterpart and institutional capacity with a strong emphasis on assisting the Public Solicitor to effectively manage the PSO caseload and enabling an increased focus on overall management and policy direction of the PSO. 

PURPOSE AND EXPECTED OUTCOME AND OUTPUTS OF THE POSITIONS

PURPOSE

To support the Public Solicitor to implement the MJLA Corporate Plan 2011-2013 in four Key Result Areas:

1. Developing Individuals;
2. Improving Institutions;
3. Enhancing and Empowering Leadership;
4. Effective Service Delivery.rovide

AIM OF THE POSITIONS

To support the PSO in its role of providing legal aid, advice and assistance to financially disadvantaged people.

EXPECTED OUTCOME

Lawyers in the PSO are able to lead the conduct of complex trials, prepare case files, provide advice and interpret relevant legislation for eligible PSO clients. 

As outlined in the Work Plan

MJLA Corporate Plan 2011-2013

KRA A1.  Identify training gaps/needs and design training framework and training plan for capacity building across the sector.

As outlined in the Work Plan, these could include:

• PSO lawyers conduct increased number and higher quality defence services.

• Training and mentoring conducted with PSO staff on case preparation and file management which results in demonstrated capacity in those areas. 

• Skills transferred in terms of research, provision of legal advice, court procedure and evidence.

KRA B1. Enhance capacity of sector to monitor and evaluate progress and results.

KRA B2. Review, update/develop and make available policies, procedures and processes.

KRA B3. Improve planning and monitoring process, including addressing issues highlighted through the KPIs.

KRA B4. Develop and implement succession planning to identify and develop future leaders.

KRA B6. Improve work culture to make it more ethical and performance oriented, to reflect the code of conduct and our values.

KRA B8. Continual update of research tools across legal agencies.

KRA B9. Build partnerships and alliances with overseas, regional and national organisations.

KRA D6. Improve access to justice services, including in rural areas.

PRIMARY DUTIES

1. Mentor and provide advice to the Public Solicitor and senior lawyers on complex matters including advice on statutory interpretation, articulating legal reasoning, drafting and advocacy.
2. Within the priorities, timeframes and targets of the Public Solicitor’s Office Annual Plan for 2012, advise and support senior counterparts in the PSO to:

1. Prepare and conduct defence of PSO clients in criminal matters, draft relevant documentation and present matters in court as requested by the Public Solicitor;
2. Take the lead in case preparation and file management, preparation of advice and written submissions, appearances in court and running trials;
3. Contribute to overall effective legal practice management of the PSO;
4. Undertake ongoing strategic and operational planning and implementation in the PSO;
5. Develop and implement standard documentation, filing procedures and records management within the agency;
6. Build strong and productive working relationships with the Public Solicitor and staff within the PSO and encourage development of a cohesive team environment.

3. Provide support through a capacity development approach, including by:

a)  Achieving a balance between enhancing the confidence / skills of counterparts, and providing sufficient space for counterparts to develop and take full responsibility for their roles;

b)   Structuring support to ensure that counterpart reliance upon the Adviser is avoided or minimised at all times, and leads to counterpart self-reliance;

c)  Ensuring that all support and advice suits Solomon Islands culture and local conditions, and addresses the importance of long-term sustainability (including finances, maintenance, reliability and value for money);

4. Acting as a professional role model to counterparts and other staff at all times;
5. Working flexibly and strategically to achieve mutually agreed outcomes and appropriately respond to changing needs and circumstances;
6. Working to foster sound communications and links with key SIG counterparts, officials and RAMSI personnel to enhance coordination and strengthen the partnership.

4. Prepare concise monthly reports, counterpart development plans, an exit / handover plan at contract conclusion and other documents as required by SRSF.

SELECTION CRITERIA

Required Qualifications, Skills and Experience

1. At least 10 years of post-admission legal experience in common law jurisdiction/s, with considerable experience in defending serious criminal matters, preferably within a relevant public sector justice agency.
2. Demonstrated experience in case management of criminal matters (including ICT and file management).
3. Proven success in developing capacity, particularly the demonstrated ability to, in a culturally appropriate way, share knowledge, mentor and coach.
4. Proven analytical, problem solving, and risk management skills.

Desirable Qualifications, Skills and Experience

1. Experience working on international development programs in Solomon Islands or in the Melanesian/Pacific Islands or other developing country context.
2. Melanesian Pidgin language skills (e.g. Solomon Islands Pidgin, Tok Pisin, Bislama).
3. Demonstrated ability to include gender equity, anti-corruption and capacity development in the design, delivery and reporting of development activities.
4. A commitment to Equal Employment Opportunity and Occupational Health and Safety principles and practices.