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Elements and Performance Criteria

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

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

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 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

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.
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