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Elements and Performance Criteria

  1. Plan and prepare for the provision of support in administrative law
  2. Prepare and process documents involved in administrative law matters
  3. Perform research to support instructing legal officer
  4. Assist instructing legal officer to prepare for Boards or investigation proceedings
  5. Conduct Board of Inquiry/Investigation and post board/investigation administration

Required Skills

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

board of inquiryinvestigation process

legal terminology

legal terminology specific to administrative law

relationships between the different boards of inquiryinvestigation and other investigations

relevant legal process legislation and sections and stages involved in the legal process

relevant stateterritorycommonwealth legislation

Evidence Required

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

Assessment must confirm the ability to identify the issues surrounding the provision of support in administrative law matters 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 instructing legal officer or senior paralegal to prepare for Boards of InquiryInvestigation and other investigation proceedings

Consistency in performance

Competency should be demonstrated providing a range of support services 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 providing a range of support services 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


Range Statement

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.

Instructions may include

Documentary material, exhibits and evidence

Oral or written correspondence, including from the command structure, commanding officer or an individual

Summary of matter

Witness statements

Administrative law may include

Any relevant administrative legislation that impacts on the Defence Organisation

Documents may include

Adjournment letters

Board of inquiry/investigation forms

Board of inquiry/investigation reminder letters

Confirming/reporting letters outlining results of board of inquiry/investigation

Summons/orders

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

Relevant documents and exhibits may include

Artefacts

Briefs

Clinical reports

Expert reports

Further and better particulars

Hospital discharge summaries

Letters

Medical reports

Photographs/videos

Service history

Witness statements/affidavits

Boards of Inquiry/Investigation and other investigations may include

Boards of Inquiry

Censures

Freedom of Information (FOI)

Human Rights and Equal Opportunity Commission (HREOC)

Investigating officer

Privacy

Redress

Return of service obligation

Show cause

Critical dates may include

Appointments

Board of inquiry/investigation dates

Other investigation milestones

Summary hearings/court/tribunal dates