Navigating complexity: The role of the general counsel in professional staffing today

Written by: Ellen Nelson, Head of Legal, Head of Legal, HSEQ IR Compliance and Privacy ManpowerGroup Australia and APSCo Director

In today’s volatile economic and regulatory climate, the role of General Counsel in a global professional staffing organisation has never been more multifaceted or more critical. As legal leaders, we are not only responsible for managing legal risk, but also for steering our organisations through a maze of industrial relations reforms, privacy obligations, and health and safety regulations that are evolving at pace and increasing becoming more complex.

The economic backdrop in Australia is challenging. Despite a post-pandemic recovery, business conditions remain subdued, and the labour market is paradoxically tight. This has created a perfect storm for the staffing industry: rising employment costs, skills shortages, and increasing scrutiny from regulators and clients alike.

From a legal standpoint, the recent introduction of key reforms encompassed in the Closing Loopholes Acts, and the increasing focus on psychosocial hazard regulations have significantly reshaped the compliance landscape.

Each time a new reform is implemented there is a requirement not just for legal interpretation, but operational integration — requiring close collaboration between legal, HR, business and operational teams. The proposed national labour hire licensing scheme threatens to add another layer of complexity which is disappointing when the original discussion was focused on accomplishing a more streamlined approach.

As General Counsel, I also oversee HSEQ and privacy areas that are increasingly intersecting with legal risk. Psychosocial safety, for example, is no longer just a WHS issue; it’s a reputational and legal risk that must be proactively managed across all host sites.

Similarly, privacy reforms, including new statutory torts for serious invasions, are elevating the importance of data governance and transparency in automated decision-making.

Internally, one of the key constraints is resourcing. Like many of my peers, I’m navigating a small team and tight budget while facing a surge in legal complexity.

Perhaps the most pressing challenge is demonstrating strategic value. Legal leaders must move beyond risk mitigation to become enablers of business resilience. That means embedding legal foresight into commercial decision-making, building cross-functional partnerships, and advocating for ethical, compliant growth.

In this environment, the role of General Counsel is not just about legal advice - it’s about leadership. And in labour hire and professional staffing, where the stakes are high and the workforce diverse, that leadership must be grounded in clarity, compliance, and care.