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Elements and Performance Criteria

  1. Plan and prepare for the provision of high-level support on operations law matters
  2. Receive enquiry
  3. Provide information in operations law
  4. Consult legal officer to resolve issues

Required Skills

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

Required Skills

analyse information

communicate ideas logically

conduct research

identify and evaluate status of information

prepare legal documents

use appropriate legal terminology

Required Knowledge

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

codes of practice ethical standards

government foreign policy

human rights including international humanitarian law

international treaties and other arrangements

legal limits of own responsibility

orders for Opening Fire

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

relevant legal terminology

Rules of Engagement

Use of Force

Evidence Required

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

Assessment must confirm the ability to

provide highlevel support on operations law matters

analyse the circumstances surrounding the issue

conduct research

consult legal officers

provide information

The candidate must at all times comply with legislative requirements policy and standards and demonstrate an awareness of access equity and diversity principles and practices

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment

Specific resources for assessment

Access is required to appropriate documentation and resources normally found in the work environment

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.

Circumstances that require the provision of high-level support on operations law may include:

complaint

event arising that may disclose a Defence service activity

incidents arising or related to the Australian Defence Force service

legal inquiry

non-legal inquiry

peacekeeping

seeking information

seeking referral

someone seeking disclosable information

Operations law may include:

government foreign policy

human rights, including international humanitarian law

international treaties and other arrangements (e.g. status of forced agreements, memorandum of understanding, environmental)

Laws of Armed Conflict

Law of the Sea

Law of Aerial Warfare

Rules of Engagement

Orders for Opening Fire

relevant domestic law (such as fisheries, customs, immigration, Aid to the Civil Power)

Use of Force

Enquirer may include:

commanders

civilian employees of the Defence organisation

Defence civilians

disciplinary appointees, including officers, warrant officers, non commissioned officers

other members of the Australian Defence Force

outside agencies

Identification, analysis and clarification of enquirer’s needs may include:

accommodating any communication difficulties

clarification of request or problem by summarising and repeating summaries to ensure that information gathered is reflective of the information that the 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 limits of own responsibility may include:

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

relationship between the client and the Defence legal service (such as Privacy Act, secrecy laws, codes of practice, service requirements)

relevant state/territory/commonwealth legislation

Information may include:

areas of law/practice the Defence legal service handles

charges and review process

correct contact in the defence legal service

disciplinary process

jurisdiction

non-disciplinary process

punishments and orders

Non-disclosable information may include:

legally privileged information

organisationally classified or caveated information

relevant state/territory/commonwealth legislation

Legal practices and procedures may include:

emergency procedures

handling contingencies

information sources

information specific to the Defence legal service

interviewing process

protocol for accommodating specific client needs such as case manager, social worker, parole officer, translator, interpreter, service requirement

protocol for handling enquiries

providing disclaimers

recording information

security/confidentiality/privacy procedures

telephone protocol

verifying and authorising information

Resolution/action may include:

advising the 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 resolution/action may include:

alternative dispute resolution processes

documenting and filing communication

informing caller of resolution

notifying relevant department of enquiry

promptly contacting enquirer where appropriate

providing written or oral advice

recording contact on database