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Elements and Performance Criteria

Plan and prepare for the provision of advice on civil claims
- Circumstances that require the provision of advice on civil claims and litigation are identified in accordance with legal practices and procedures
- Circumstances are analysed and issues are interpreted and clearly defined
Receive enquiry
Provide information on civil claims and litigation
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

apply complex legal procedures

apply legal practices and procedures

communicate ideas arguments and conclusions logically

conduct research

identify and evaluate status of information

prepare complex 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

commonwealth government and Defence insurance processes

legal limits of own responsibility

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

legal terminology

legal terminology specific to claims and litigation

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 advice on civil claims and litigation processes 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 provide the advice and information within the legal limits of the individuals responsibility

Consistency in performance

Competency should be demonstrated providing a range of advice and information 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 advice and information 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

Guidance information for assessment

Information that will assist or guide assessment will be written during Phase II of the Review of the PUA Public Safety Training Package

Information that will assist or guide assessment will be written during Phase II of the Review of the PUA00 Public Safety Training Package.

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 Environmental law Family law Industrial relations/employment law International humanitarian law International law Litigation Operations law Property law Wills and probate
Circumstances that require the provision of advice on civil claims and litigation may include	Complaint Legal inquiry Non-legal inquiry Seeking information Seeking referral Someone seeking disclosable information
Legal practices and procedures may include	Emergency procedures Handling contingencies Information sources Information specific to the Defence legal service Interviewing process Protocol for accommodating special client needs e.g. 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
Enquirer may include	Civilian employees of the Defence organisation Commanders Defence civilians Other members of the Australian Defence Force (ADF) 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 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 limits of individual 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
Information may include	Areas of the defence legal service law/practice Claim against a third party Claim against the department Claim by the Defence organisation Complaint Correct contact in the Defence legal service Insurance cover Indemnity Legal inquiry Liability Non-legal inquiry Risk
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 action/resolution may include	Alternate dispute resolution processes 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