Position Description
Position Details
Position Title:
Assistant Commissioner (Policy and Operations)
Reports to:
Privacy Commissioner
Location:
Wellington
Date Issued:
November 2014
Background
The Office of the Privacy Commissioner is an independent Crown entity established by
the Privacy Act 1993. The Privacy Commissioner reports to Parliament through the
Minister of Justice (or Associate).
The main purpose of the Privacy Act 1993 is to promote and protect individual privacy.
The Privacy Commissioner monitors, researches and reports on matters relating to
privacy, and has an educational and outreach role in promoting the understanding,
acceptance and protection of individual privacy. The Commissioner independently
investigates, conciliates and deals with cases involving an interference with the privacy of
an individual; scrutinises legislative and other proposals that may affect privacy; issues
codes of practice; and assesses and monitors authorised information matching and
information sharing programmes. The Commissioner is required to have due regard for
the protection of important human rights and social interests that compete with privacy,
and to take account of international obligations accepted by New Zealand and
international developments in privacy protection.
The work of the Office of the Privacy Commissioner is encapsulated in its mission
statement:
“To promote and protect individual privacy by encouraging and sustaining
a culture in New Zealand where personal information is protected and
respected wherever it exists.”
The Privacy Commissioner has offices in Wellington and Auckland.
Purpose and Role
The purpose of the role of Assistant Commissioner (Policy and Operations) [AC(PO)] is to
assist the Privacy Commissioner to undertake the statutory functions defined by the
Privacy Act 1993 and to help achieve the objectives of the Commissioner’s office.
The role involves the effective leadership and management of the Commissioner’s
operational functions in policy, investigations and compliance. This requires the planning,
development and implementation of appropriate strategies, policies and procedures to
ensure the delivery of timely and high quality services, in keeping with the overall
strategic objectives of the Commissioner’s office. The key areas are:
Policy advice and technology research/monitoring
Data matching and information sharing
Investigation and determination of complaints, with a particular focus on the use of
alternative dispute mechanisms
Public enquiry service and communications
These key areas are at the core of the Commissioner’s operational functions and are
resourced by the Commissioner’s policy and investigations staff. The AC(PO) leads and
manages these advisory staff in delivering their functions to the standards of quality and
timeliness agreed with the Commissioner.
The office takes a cross functional approach to its work and the AC(PO) also manages, in
consultation with other members of the Commissioner’s Senior Leadership Team (SLT)
and/or as directed by the Commissioner, the assignment of AC(PO) staff to special
projects and ad hoc or other work led and managed elsewhere in the office. This includes
the assignment of staff to help resource the office’s legal advice and litigation work as led
by the Assistant Commissioner (General Counsel) and its communications functions as
led by the Public Affairs Manager. The AC(PO) also leads and manages special projects
and ad hoc work across the Commissioner’s office, as and when required.
The AC(PO) draws on the operational intelligence acquired from the performance of the
Commissioner’s core operational functions and the knowledge of the policy and
investigations staff, to help identify, analyse and advise the Commissioner about
responses/solutions to areas where the privacy of the individual may be at particular risk,
where it might be desirable or necessary for the Commissioner to initiate an inquiry, and
about trends or developments that the office might need to be responsive to strategically.
The AC(PO) is a member of the SLT and contributes to the wider objectives of the
Commissioner’s office, including its strategic and risk management. This requires an
effective working relationship with other members of the SLT, and close collaboration and
co-operation across all of the Commissioner’s functions. It includes working closely with
the Assistant Commissioner (General Counsel) about any new or potentially controversial
legal issues.
Teamwork
Al members of the Commissioner’s staff are required to work co-operatively and
collaboratively together as a team. In addition, as the Office of the Privacy Commissioner
is a small one, there is not always a rigid demarcation of duties and, as with all other
staff, the AC(PO) is expected to undertake such other duties and responsibilities as the
Commissioner may reasonably request from time to time. This includes work that goes
beyond, or cuts across, regular functional boundaries.
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Principal Accountabilities
Accountability
Key Result Areas
Policy Advice
To lead and manage the development of well judged and legally
and Technology
sound policy responses to privacy related issues, for
Research/
recommendation to the Commissioner, whether such issues are
Monitoring
internally driven, relate to proposed legislation or government
policy that may affect the privacy of the individual, or are
otherwise externally driven.
To lead and manage the research and active monitoring of
technology related developments and/or practice that may affect
the privacy of the individual.
Data Matching
To lead and manage the Commissioner’s information matching
and Information
and information sharing functions as defined by the Privacy Act
Sharing
1993, including:
To ensure that proposals for information matching
programmes and authorised information sharing agreements
(AISAs) are appropriately assessed
To monitor approved programmes and agreements for
compliance by participating agencies
To help ensure that suitable guidance/information material is
developed to promote compliance and to inform the public
about information matching/sharing and their controls
To ensure that any issues with the operation of approved
programmes/agreements are effectively addressed with the
agencies involved
Investigations
To lead and manage the investigation and resolution of
complaints in close consultation with the Commissioner, and
ensure that the Commissioner fulfils the statutory requirements
prescribed by the Privacy Act 1993 in regard to that investigation
and resolution.
To facilitate the settlement of complaints and lead the use of
alternative dispute mechanisms to resolve complaints wherever
this would be more effective (e.g. by the use of mediation or
compulsory conferences).
As may be agreed from time to time with the Assistant
Commissioner (General Counsel) who has overall responsibility
for managing any litigation in which the Commissioner’s office is
involved, to assist with and/or assign AC(PO) staff to litigation
proceedings in the Human Rights Review Tribunal and/or the
courts.
To advise the Commissioner about the desirability or need to
inquire into any particular circumstances, and lead and manage
or assist in undertaking any Commissioner-initiated inquiry as
may be agreed with or directed by the Commissioner – including
to ensure that relevant information is gathered and analysed, the
law is correctly applied, recommendations are well judged and
legally sound, and the appropriate follow up action and effective
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Accountability
Key Result Areas
communications are undertaken.
Public Enquiries
To lead and manage the delivery of a timely and high quality
and
enquiry service for members of the public on the provisions of
Communications the Privacy Act 1993.
To support the delivery of the Commissioner’s education
seminar/workshop programme for private and public sector
agencies as led by the Public Affairs Manager, including by
assigning AC(PO) staff to resource the delivery of those
programmes.
To help ensure, in close consultation with the Assistant
Commissioner (General Counsel) and Public Affairs Manager,
the development of case notes and other communications
material about the Commissioner’s policy, investigations and
compliance work and assign AC(PO) staff resources for the
development of that material as required.
To
actively
contribute
to
the Commissioner’s wider
communications functions and activities as led by the Public
Affairs Manager, including assisting with drafting speeches and
reports on behalf of the Commissioner, as required.
Leadership and
In consultation with other members of the SLT, to assign AC(PO)
Management of
staff, as required or as directed by the Commissioner, to special
AC(PO)
projects and ad hoc or other work led and managed elsewhere in
Functions and
the office (e.g. for policy-related work, litigation, Commissioner-
Staff
initiated inquiries, or communications) – the AC(PO) is required
to recognise that AC(PO) staff may need to be assigned from
time to time to support and/or resource the work of other SLT
members.
To lead and manage the development and implementation of
appropriate strategies, policies and procedures to ensure the
delivery of timely and high quality services that align with the
Commissioner’s wider strategic initiatives (as identified in the
Statement of Intent).
To seek the prior approval of the Commissioner before applying
any new interpretation of the law, or significant departure from
agreed policy or practice.
To consult with the Assistant Commissioner (General Counsel)
on the advisability or appropriateness of taking any formal
enforcement action.
To adopt a “no surprises” approach by alerting the
Commissioner to any specific issue that may be of wider
significance or concern to the Commissioner’s office.
In close consultation with the General Manager, to manage the
recruitment and induction of new staff, their training and
development
(including
in
cross-functional
projects),
performance management and remuneration review, and such
other requirements as relate to the management of staff.
To manage effectively and cost efficiently the financial and other
resources assigned to the AC(PO), within approved delegations,
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Accountability
Key Result Areas
in accordance with guidelines for budget holders, and in close
consultation with the General Manager.
To ensure that accurate and up-to-date records are created and
maintained, to meet both the operational requirements and
legislative obligations of the Commissioner’s office.
To provide the Commissioner with timely, accurate and high
quality reports on the status, management and activities of the
operational functions led by the AC(PO).
Wider Senior
To actively contribute as a member of the SLT to assist in the
Leadership
leadership and management of the Commissioner’s office as a
Responsibilities
whole, including its strategic and risk management, the
development of initiatives that support Better Public Services (in
particular, Result Areas 9 and 10) and the effective use of its
resources.
To develop and maintain productive and effective stakeholder
relationships and networks, in particular with key external
stakeholders in both the public and private sectors, to promote
and further the interests of the Commissioner’s office.
To represent the Commissioner’s office external y either on
behalf of the Commissioner or as a member of the SLT, by
participating in industry interest groups, undertaking speaking
engagements, and participating in other public forums as
required.
To ensure that any public statements made on behalf of the
Commissioner’s office are factually accurate, well judged,
sensitive
to
the
particular
circumstances,
reflect
the
Commissioner’s views, and are within the parameters agreed
with the Commissioner from time to time.
To develop and maintain a thorough and up-to-date knowledge
of the Privacy Act 1993, privacy law and such other acts,
regulations or codes as might impact on the functions or
operations of the Commissioner’s office, and be able to advise
the Commissioner accordingly.
To maintain a close awareness of developments, legal,
technological or otherwise, that might affect the privacy of the
individual and be able to make an informed contribution to the
formulation of appropriate responses by the Commissioner to
such developments.
To work collaboratively and co-operatively with other members of
the SLT, and help promote harmonious and co-operative working
relationships and open lines of communication across the entire
Commissioner’s staff.
To set and model high standards of personal integrity and
conduct.
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Delegations
Human
Policy, technology, information matching/sharing, investigations and
Resources
enquiries staff (17 as at November 2014)
Financial
As issued under OPC’s financial delegations
Limits on
No statement is to be issued to the news media or any information
Authority
released to the general public without the prior approval of the
Privacy Commissioner.
Any significant departure from approved or accepted work practice
or procedure is first to be discussed and agreed with the General
Manager or Commissioner.
There is no authority to enter into any ongoing contract that may in
any way be binding on the Commissioner, without the prior approval
of the Commissioner or the General Manager. The booking of
venues, travel or accommodation must be in accordance with the
policies, practices and procedures of the Commissioner’s office.
Key Requirements
The AC(PO) will have a tertiary qualification, ideally in law, and/or career experience in
law and/or policy at a senior level, in the private or public sectors. A working knowledge
of government and business systems and processes, and a keen interest in, or
understanding of, domestic and international privacy considerations is an advantage;
likewise, experience in the interpretation and application of legislation and legal
principles.
The office has an emphasis on the use of alternative dispute mechanisms to settle
complaints wherever these methods can be more effective. The AC(PO) must have the
knowledge, experience and ability to lead and develop the team’s use of these alternative
dispute resolution mechanisms.
The focus of the role is on leading and managing the Policy and Operations team. This
calls for excellent team leadership and people management skills, with the ability to
effectively plan, organise and manage work. It also calls for the ability to identify, analyse,
and recommend solutions/responses to trends or developments that might have an
impact on the privacy of the individual.
As a member of the Senior Leadership Team, the AC(PO) must have excellent
leadership and management skills; the ability to help lead the Commissioner’s office,
including its strategic and risk management; strong analytical skills to be able to lead and
manage complex inquiries; a high level communication skills, both oral and written; sound
judgement; and the ability to work under pressure and manage competing priorities. It
demands the highest standards of personal integrity and conduct.
The AC(PO) must be able to attain and maintain at least a Secret, and preferably a Top
Secret, security classification.
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Key Competencies
Leadership and
Appreciation of public sector management as set out in the
Management Skills
Public Finance Act 1989
An understanding of good leadership and management
practices and the ability to apply these effectively to achieve
organisational goals and objectives
Ability to lead, manage and motivate staff, and is a team player
Ensures accurate records are created and maintained to meet
both business and legislative requirements
Manages resources effectively to ensure the efficient delivery of
outputs
Analytical Skills
Applies intellectual rigour to researching and analysing complex
issues systematically and comprehensively
Identifies emerging issues early and proactively addresses
them
Provides robust, well thought out conclusions supported by
relevant data
Thinks laterally about issues and is innovative in problem-
solving
Communication
Communicates clearly and concisely, both orally and in writing
Skills
Is an active listener
Delivers presentations effectively and can use a range of
presentation methods and media.
Negotiates and mediates effectively, and can achieve co-
operation and agreement where there are conflicting objectives
Professionalism
Displays highest standards of personal integrity, honesty and
conduct
Exercises discretion at all times, particularly in dealing with
sensitive or confidential material
Plans, organizes and prioritises work effectively, is motivated to
find solutions to problems, is results-driven and works to
deadlines
Demonstrates collegiality through knowledge sharing and
excellent work relationships
Displays a positive attitude to change, adapts readily, and
initiates changes as required
Maintains and enhances knowledge by actively keeping up-to-
date with developments
Develops and maintains constructive working relationships with
internal and external stakeholders, and networks of contacts
Use of language, demeanour and personal presentation all
reflect a professional outlook
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