Application
This unit specifies the skills and knowledge required to provide high-level support on service discipline matters within a Defence legal environment. It includes planning and preparing to provide highlevel support, clarifying complex legal issues and performing legal research. It also includes preparing complex documents and finalising legal matters. This unit applies to Defence personnel who are required to provide more complex paralegal support services. The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to. Persons undertaking this unit work mostly independently while part of a team, and perform routine and complex tasks. They work with limited supervision, with identified approval authorities. They apply solutions to a variety of predictable and complex problems in familiar and unfamiliar contexts. No licensing, legislative or certification requirements apply to this unit at the time of publication. |
Elements and Performance Criteria
ELEMENTS | PERFORMANCE CRITERIA | ||
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. | ||
1 | Plan and prepare to provide support | 1.1 | Receive high-level service discipline task |
1.2 | Analyse and identify high-level legal issues for the task | ||
2 | Clarify legal issues | 2.1 | Review and clarify high-level legal issues of task with instructing legal officer |
2.2 | Obtain additional information relevant to task as required | ||
2.3 | Clearly outline paralegal legal limits of responsibility to stakeholders and establish mutual expectations in accordance with organisational and legal procedures | ||
3 | Perform legal research | 3.1 | Conduct legal research for task as necessary |
3.2 | Analyse and document outcomes of legal research in accordance with organisational procedures | ||
4 | Prepare legal documents | 4.1 | Prepare documents for task under instruction from instructing legal officer |
4.2 | Review documents for task with instructing legal officer and amend as required | ||
5 | Finalise matter | 5.1 | Finalise documents in accordance with legal and task requirements |
5.2 | Communicate task outcomes to stakeholders, as required | ||
5.3 | Update file notes and place outcomes on file in accordance with organisational procedures | ||
5.4 | Appropriately store and secure file to meet legal requirements |
Evidence of Performance
Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and include: communicating effectively on complex legal matters coordinating with instructing legal officer to prepare for complex trial or service discipline proceedings ensuring trial/tribunal and post-trial/tribunal administration is completed in accordance with legal and operational procedures implementing written and oral instructions to prepare effective complex briefs preparing and processing documents involved in complex service discipline matters preparing legal documents to support complex legal matters preparing summaries of cases in complex legal matters providing appropriate support in complex service discipline matters undertaking analysis of information to determine status and value undertaking complex research to support instructing legal officer. |
Evidence of Knowledge
Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of: complex legal practices and procedures criminal law matters and service discipline proceedings Defence Force Discipline Act (DFDA) and related legislation legal terminology relevant to simple and complex legal matters relationship between trials and tribunals, and potential impact on legal proceedings relevant legal practices and procedures relevant legal process, documents and exhibits, legislation and sections, and stages involved in the legal process summary hearing/court/tribunal processes and their relevance to paralegal operational procedures trials and service discipline proceedings, and their relevance to paralegal operational procedures. |
Assessment Conditions
As a minimum, assessors must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment. As a minimum, assessment must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment. Assessment must occur in workplace operational situations where it is appropriate to do so; where this is not appropriate, assessment must occur in simulated workplace operational situations that replicate workplace conditions. Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate. Resources for assessment must include access to: a range of relevant exercises, case studies and/or other simulations relevant and appropriate materials, tools and equipment currently used in industry applicable documentation including operational procedures, regulations, codes of practice and operation manuals. |
Foundation Skills
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency. |
Range Statement
Range is restricted to essential operating conditions and any other variables essential to the work environment. Non-essential conditions may be found in the Companion Volume Implementation Guide. |
Sectors
Not applicable. |
Competency Field
Defence Paralegal Operations |