Tal Aviram Email & Phone Number

Canberra

• Litigation: Tal has extensive Administrative Law and Litigation experience, regularly appearing on behalf of Commonwealth agencies before the Administrative Appeals Tribunal and various courts in relation to home affairs, education, NDIA, social security, employment, workers' compensation and FOI matters. Tal has also assisted Commonwealth agencies in respect of various Royal Commissions and Coronial investigations, and public servants in relation to integrity investigations.• Advice work and statutory interpretation: preparing advices on complex and sensitive issues for a range of Commonwealth agencies.• Drafting of complex documents for Commonwealth clients, including reasons for administrative decisions, privacy impact assessments and committee handbooks.

I managed the Canberra Litigation team within the department's FOI and Litigation Branch. In this role I:• managed internal review, OAIC and AAT matters in the FOI space;• had personal carriage of more complex AAT matters and Secretary appeals involving a large range of matters, including claims for disability support pension, family tax benefit, Newstart, and other Centrelink payments;• prepared statements of facts, issues and contentions, and written submissions as required; • regularly appeared in person before the Tribunal in conferences and hearings;• managed the Centrelink high value debt civil litigation proceedings, including a number of high profile matters subject to considerable media scrutiny;• provided advice on the interpretation and application of the Social Security Act 1991 (Cth), the Social Security (Administration) Act 1999 (Cth), the Administrative Appeals Tribunal Act 1975 (Cth), and other relevant legislation;• provided advice on the application of Commonwealth and departmental policy to civil litigation debt recovery and to AAT matters, including the Commonwealth Guide to Social Security Law and related guides;• reviewed decisions made by the AAT (and, when it was in existence, the Social Security Appeals Tribunal) and provided recommendations to the department on desirability and prospects of appeals; and• coordinated ministerial correspondence and briefs.

I managed the Canberra Litigation team within the department's FOI and Litigation Branch. In this role I:• trained four junior lawyers in advocacy and the AAT litigation process;• had personal carriage of more complex AAT matters and Secretary appeals involving a large range of matters, including claims for disability support pension, family tax benefit, Newstart, and other Centrelink payments;• prepared statements of facts, issues and contentions, and written submissions as required; • regularly appeared in person before the Tribunal in conferences and hearings;• managed the Centrelink high value debt civil litigation proceedings, including a number of high profile matters subject to considerable media scrutiny;• provided advice on the interpretation and application of the Social Security Act 1991 (Cth), the Social Security (Administration) Act 1999 (Cth), the Administrative Appeals Tribunal Act 1975 (Cth), and other relevant legislation;• provided advice on the application of Commonwealth and departmental policy to civil litigation debt recovery and to AAT matters, including the Commonwealth Guide to Social Security Law and related guides; and• reviewed decisions made by the AAT (and, when it was in existence, the Social Security Appeals Tribunal) and provided recommendations to the department on desirability and prospects of appeals.

I provided advice about the establishment and operation of the legislative Fair Entitlements Guarantee (FEG) Scheme, including:• advice on administrative decision making and the drafting of reasons for decision;• merits and judicial review avenues available to applicants;• review of operational policy documents;• advice on the interaction between legal professional privilege principles and the obligation to provide the AAT with all documents relevant to a decision; • advice on the interaction of FMA/PGPA legislation and policy with FEG payments; and• preparation of the relevant delegation instruments. I also provided advice on:• the interpretation and application of the Fair Work Act 2009 (Cth), and related legislative instruments;• the interpretation and application of the Work Health and Safety Act 2011 (Cth);• application of legal professional privilege to advice provided by different teams within the department;• operation of the Seasonal Worker Program scheme, including the operation of deeds of agreement between the department and providers; and• the legal requirements and risk management in the department's use of social media.I managed a number of complaints made against the department under the the Australian Human Rights Commission Act and relevant anti-discrimination State legislation.I reviewed departmental responses to Ombudsman complaints and liaised with the Ombudsman's office and the relevant internal clients.

I acted as an FOI Principal Government Lawyer for 3 months. In this role I managed a team of five FOI officers, reviewed their work, and prepared more complex FOI decisions.

Canberra, Australia

Administrative LawI provided advice about the Deductible Gift Recipient/ Register of Environmental Organisations statutory framework. This included:• consideration of different statutory powers of the Minister for Environment and the Treasurer pursuant to the Income Tax Assessment Act 1997 (Cth); and• analysing, and advising on, specific applications by different organisations for inclusion on the Register of Environmental Organisations.I also acted as the department's Freedom of Information and Privacy Coordinator and regularly provided legal advice on these frameworks.Contract and Commercial LawI provided contract and/or commercial law advice in relation to:• a $6.2M dispute arising from a funding agreement: this involved preparing several legal advices, a detailed statement of facts, and providing support to the department's Executive in achieving a successful mediated outcome;• a multi-million dollar project involving the purchase of water under the Restoring the Balance in the Murray-Darling Basin program and funding for irrigation infrastructure works under the Sustainable Rural Water Use and Infrastructure Program; • the operation of the following agreements:o Intergovernmental Agreement on Murray-Darling Basin Reform;o Water Management Partnership Agreements between the Commonwealth and different States;• establishment of the Technical Water Management Services and the Coal Seam Gas Scientific and Technical Expert Panels;• the drafting of a memorandum of understanding between the department and the Bureau of Meteorology;• the drafting of a collaborative head agreement between the department and the Murray Darling Basin Authority;• the drafting of a template asset maintenance agreement;• negotiation and drafting of services agreements for a broad range of services; and• the drafting of a template funding agreement for the National Urban Water and Desalination Program.

At ComSuper, in relation to the management of military superannuation schemes, I advised on:• administrative law litigation before the Federal Court, the Administrative Appeals Tribunal and the Superannuation Complaints Tribunal;• internal administrative decision making;• applications for act of grace payments;• applications for compensation under the Scheme for Compensation for Detriment caused by Defective Administration;• family law requests for splitting of superannuation entitlements; and• freedom of information and privacy.I also independently managed Superannuation Complaints Tribunal cases. This included:• drafting statements of facts and contentions;• drafting submissions and replies to submissions; and• representing the Commonwealth before the Tribunal at conciliation conferences and, where appropriate, negotiation with the complainant.I provided advices on interpretation of provisions of the:• Defence Force Retirement and Death Benefits Act 1973 (Cth);• Military Superannuation and Benefits Act 1991 (Cth); and• Superannuation Industry (Supervision) Act 1993 (Cth).

At the AAT I assisted over 15 Members with matters in many areas of law, including workers’ compensation, veterans’ entitlements, taxation, insurance, freedom of information and social security. I edited AAT decisions, while actively ensuring that the AAT itself complies with administrative law requirements, to minimise the risk of a successful appeal to the Federal Court. I researched and provided advice to Tribunal Members on different statutes including, for example, the:• Administrative Appeals Tribunal Act 1975 (Cth);• Taxation Administration Act 1953 (Cth);• Migration Act 1958 (Cth);• Social Security Act 1991 (Cth); and• Safety, Rehabilitation and Compensation Act 1988 (Cth).

Master Of Laws

Ba/Llb, Distinction Average, Order Of Merit In Law