General Counsel

General Counsel

Grade: Health Executive Contract (HEER)

Location: Based at Forensicare, Yarra Bend Road, Fairfield 3078.

Fixed term (5 years) - full time

Lead legal strategy at the forefront of forensic mental health.

Forensicare is seeking an accomplished General Counsel to provide expert legal leadership. If you are a seasoned legal leader with a passion for public sector, healthcare or mental health law, and are seeking a role where your expertise can drive meaningful outcomes at both organisational and community level, this is an opportunity to make a lasting impact.

Forensicare:

Forensicare (Victorian Institute of Forensic Mental Health) is Victoria’s specialist provider of forensic mental health services. We deliver recovery-focused programs that support consumers living with serious mental illness or problematic behaviours who are connected to, or at risk of contact with, the justice system, across a variety of settings including community-based services, inpatient units, and secure environments throughout Victoria.

Position Objective:

The General Counsel leads Forensicare’s legal function and is the organisation’s principal source of legal advice and legal risk management, providing authoritative advice to the Chief Executive Officer, Board, Executive and Senior Leaders across the full range of legal matters affecting the organisation, with particular depth in mental health law and the law governing forensic mental health and involuntary treatment populations.

The role is accountable for building and leading an effective in-house legal capability, managing external legal panels and litigation, overseeing statutory and regulatory compliance, and embedding sound legal governance across Forensicare.

Key

Responsibilities

Provide timely, authoritative legal advice to the Board, Chief Executive Officer Executive and Senior Leaders across clinical, corporate, employment and commercial matters, and maintain a legal risk register aligned with Forensicare’s enterprise risk framework.

Act as the organisation’s subject matter authority on the Mental Health and Wellbeing Act 2022 (Vic) and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), and support clinical and operational teams to apply mental health and forensic mental health legislation correctly and consistently.

Oversee Forensicare’s interface with the Mental Health Tribunal, the Forensic Leave Panel, and relevant Courts, including County Court and Supreme Court matters where Forensicare is involved.

Maintain oversight of related legislative obligations, including under the Charter of Human Rights and Responsibilities Act 2006 (Vic), the Health Records Act 2001 (Vic), the Privacy and Data Protection Act 2014 (Vic), the Freedom of Information Act 1982 (Vic) and the Health Services Act 1988 (Vic).

Manage litigation, coronial matters, statutory investigations and regulatory engagement (including WorkSafe Victoria) involving Forensicare, and manage panels of external legal providers and associated legal spend.

Coordinate Forensicare’s response to inquiries or investigations from oversight bodies, including IBAC, the Victorian Ombudsman, the Chief Psychiatrist, the Mental Health and Wellbeing Commission, and the Health Complaints Commissioner.

Provide legal support to the Board and Board committees, including governance instruments, delegations, and statutory reporting obligations, and draft, review and negotiate contracts, service agreements, MOUs and procurement documentation.

Key Selection Criteria:

Bachelor of Laws (or equivalent) and current unrestricted practising certificate entitling the holder to practise law in Victoria, with admission as a lawyer in the Supreme Court of Victoria (or eligibility for admission and imminent admission).

Substantial post-admission experience as a senior lawyer, including significant experience in a senior in-house, general counsel or equivalent leadership role.

Demonstrated experience advising on health, mental health or human services legislation; experience specific to mental health law and/or the criminal justice interface is highly desirable.

Experience managing litigation, regulatory engagement and external legal panels, and operating at Board and executive level, including preparing Board and committee papers and advice.

Experience leading and developing a legal or professional advisory team.

Sound working knowledge of the Mental Health and Wellbeing Act 2022 (Vic) and the Crimes (Mental Impairment and Unfitness to be Tried) Act 1997 (Vic), including the transition from the former Mental Health Act 2014 (Vic).

Please Note: Advertising will close 21 October 2026.

For further information or a copy of the position description, please contact Matt Brown, Head of Talent Acquisition - 0401 577 336 or [email protected]

A culture where people matter.

Excellent supervision and investment in the skill development of all our team members.

Well defined career pathways existing across our Directorates with multi-disciplined Teams.

Salary Packaging Options available – Mortgage, Rent, Car, Expenses

A leading, multi-faceted approach to safety, with unparalleled strategic, practical, individualised and team-based supports to minimise risks and fear and maximise safety and security, underpinned by our workplace health and safety strategy.

Celebration and reward for good performance, through employee recognition.

Access to an employee assistance program – an external, confidential, self-referral employee wellbeing program, for personal or work-related matters.

A mental health and wellbeing program providing psychological, peer support and critical incidence response programs.

Eligibility

COVID19 & Influenza Vaccination Evidence

This position is subject to a Police Check

Forensicare is an equal opportunity employer and is committed to attracting and developing a diverse workforce which reflects the community we serve. We encourage applications from Aboriginal and Torres Strait Islander people, people who identify as LGBTQI, people with a lived experience of disability, as well as people from culturally and linguistically diverse backgrounds. Forensicare promotes our guiding principles of RESPONSIVENESS, INTEGRITY, IMPARTIALITY, ACCOUNTABILITY, RESPECT, LEADERSHIP, HUMAN RIGHTS; and promotes behaviours that are consistent with these values at all times. Forensicare is an equal opportunity employer and offers a smoke free environment.