Assessor Resource

DEFPL012B
Assess civil claims

Assessment tool

Version 1.0
Issue Date: May 2024


The application of this unit in the workplace - the environments, complexities and situations involved - will be written during Phase II of the Review of the PUA00 Public Safety Training Package.

This text will be useful for the purposes of job descriptions, recruitment advice or job analysis; where possible, it will not be too job specific to allow other industries to import it into other Training Packages, where feasible.

This unit covers the competency required to assess civil claims and litigation processes in the Defence environment.

This competency includes comprehending and analysing civil related claims (including claims against indemnities and certificates of insurance), assessing liability, preparing for litigation and, if appropriate, determining the amount in settlement of any claim.

The claims assessment in this competency must be within the legal limit of the individual's responsibility.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Prerequisite Unit/s

Nil

Employability Skills

This unit contains employability skills.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to identify the issues surrounding the assessment of civil claims, and to research and analyse information in relation to these issues; to comply with professional codes of practice and ethical standards at all times; and to implement access, equity and diversity principles and practices.

Assessment must also confirm the ability to support the legal officer or senior paralegal to prepare for claims and litigation proceedings.

Consistency in performance

Competency should be demonstrated delivering a range of claims assessment and litigation processes over time.

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment assessing a range of claims and support litigation processes that could be expected in the workplace.

Specific resources for assessment

Access to appropriate documentation and resources normally found in the work environment and required for the job or task to be properly performed.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills

communicate ideas, arguments and conclusions logically

conduct research

follow complex legal procedures

follow written and oral instructions with regards to preparation of briefs

identify and evaluate status of information

prepare complex legal documents

prepare summaries of cases

use appropriate legal terminology

Required Knowledge

applicable legal practices and procedures required in the full range of tasks covered

commonwealth government and Defence insurance processes

legal terminology

legal terminology specific to claims and litigation

relevant legal process, legislation and sections, and stages involved in the claims and litigation process

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below.

Civil claims and litigation processes may include

Administrative law

Commercial law

Criminal law

Defence force discipline act (DFDA)

Environmental law

Family law

Industrial relations/employment law

International law

International humanitarian law

Litigation

Operations law

Property law

Wills and probate

Identification, analysis and clarification of claimant's needs may include

Accommodating any communication difficulties

Clarification of request or problem by summarising and repeating summaries to ensure information gathered is reflective of the information enquirer wishes to communicate

Sensitivity to enquirer's emotional/physical state, cultural and service background

And may include the requirement to communicate:

in writing

in person

verbally

via third party

electronically

Legal practices and procedures may include

Engaging experts

Equity

Instructing legal officer practitioner supervisory procedures

Practice notes

Protocol for accommodating special client needs e.g. case manager, social worker, parole officer

Protocol for contacting clients e.g. translator, interpreter

Recording information

Security/confidentiality/privacy procedures

Verifying and authorising information

Legal limits of own responsibility may include those covered by

Client and the Defence legal service

Provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act

Relevant state/territory/commonwealth legislation

Non-disclosable information may include that covered by

Legally privileged information

Organisationally classified or caveated information

Relevant state/territory/commonwealth legislation

Resolution/action may include

Advising enquirer after researching the appropriate information

Not pursuing the matter

Referring enquirer to another legal officer or practitioner

Referring enquirer to supervisor or appropriate authority

Referring enquirer to the appropriate government department

Carrying out suggested resolution/action may include

Alternate dispute resolution

Documenting and filing communication

Informing enquirer of resolution

Notifying relevant department of enquiry

Promptly contacting enquirer where appropriate

Providing written or oral advice

Recording contact on database

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Claimant's needs are identified, analysed and clarified in accordance with legal practices and procedures 
Legal limits of own responsibility are clearly outlined to claimant before any information is imparted 
Claims outside one's area of responsibility are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate 
Claim details and problems are recorded in accordance with legal practices and procedures 
Non-legal information is relayed where available and appropriate in accordance with legal practices and procedures 
Research within legislative requirements and scope of own responsibility is pursued in accordance with legal practices and procedures 
Non-disclosable information is not communicated and where any doubt exists as to the information's status it is not disclosed 
Legal officer is contacted to discuss claimant's needs in accordance with legal practices and procedures 
Claimant's needs are communicated to legal officer and resolution/action is discussed 
Precedent and case law are retrieved, researched and reviewed and summaries are made where appropriate 
Suggested action/resolution is carried out in accordance with legal practices and procedures 

Forms

Assessment Cover Sheet

DEFPL012B - Assess civil claims
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

DEFPL012B - Assess civil claims

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: