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Elements and Performance Criteria

  1. Plan and prepare for the provision of support in criminal law
  2. Prepare and process documents involved in criminal law matters
  3. Perform research to support instructing legal officer
  4. Assist instructing legal officer to prepare for trial or service discipline proceedings
  5. Conduct trial/tribunal and post trial/tribunal 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

criminal law matters and service discipline proceedings

Defence Force Discipline Act DFDA and related legislation

relationship between the different trialstribunals

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

relevant legal terminology

summary hearingcourttribunal process

Evidence Required

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

Assessment must confirm the ability to

analyse information

prepare documents in criminal law matters

research case histories

assist the instructing legal officer to prepare for trials and service discipline proceedings

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.

Instructions may include:

charge sheet

conduct record

documentary material, exhibits and evidence

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

record of evidence

record of prior convictions

summary of matter

witness statements

Criminal law may include:

DFDA which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

relevant state/territory criminal law including:

Common Law for NSW, Victoria and SA

Criminal Codes (Queensland, WA)

Criminal Code (Tasmania)

Crimes Act 1900 (ACT, NSW)

Crimes Act 1958 (Victoria)

Criminal Law Consolidation Act 1935 (SA)

Documents may include:

account

adjournment letters

affidavit court/tribunal forms

confirming/reporting letters to client outlining results of court/tribunal hearing

court/tribunal reminder letters

summons/orders

Legal practices and procedures may include:

engaging experts

equity

instructing legal officer 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

Trials and service discipline proceedings may include:

general courts martial

magistrates/local trials

restricted courts martial

summary hearings (subordinate, commanding officer, superior)

Relevant documents and exhibits may include:

artefacts

briefs

clinical reports

charge sheet (form)

conduct record (form)

defendant’s statement of claims

expert reports

further and better particulars

hospital discharge summaries

medical reports

photographs/videos

plaintiff’s statement of claims

pleading documents

service history

witness statements/affidavits

writ of summons

Trial/tribunal may include:

courts or tribunals

criminal jurisdictions

criminal matters such as:

assault

homicide

manslaughter

property offences (theft, larceny)

service discipline offences

sexual assault

defences such as:

automatism

denial

duress

ignorance of the law

insanity

intoxication

irresistible impulse

mistake of fact

necessity

self defence

superior orders

hearings such as:

defence force magistrate

general courts martial

restricted courts martial

summary (subordinate, commanding officer, superior)

Critical dates may include:

appointments

arrest conditions

meeting bail conditions

summary hearings/court/tribunal dates

Relevant details may include:

date

time

venue