This unit specifies the skills and knowledge required to provide high-level support on administrative law matters within a Defence legal environment.

It includes planning, preparing and clarifying complex legal issues, performing legal research and preparing complex legal documents.

This unit applies to Defence personnel who are required to provide highlevel 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

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 high-level administrative support

1.1

Receive administrative law task

1.2

Analyse and identify complex legal issues for administrative law task

2

Clarify legal issues

2.1

Review and clarify complex legal issues of administrative law task with instructing legal officer

2.2

Obtain additional information as required to meet task requirements

2.3

Clearly outline paralegal legal limits of responsibility to stakeholders in accordance with legal and organisational procedures

3

Perform legal research

3.1

Conduct legal research for task as necessary

3.2

Analyse and document research outcomes to meet task requirements

4

Prepare legal documents

4.1

Prepare required legal documents for task under instruction from instructing legal officer

4.2

Review legal documents for task with instructing legal officer and amend, as required

5

Finalise matter

5.1

Finalise legal documents to meet 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 operating guidelines

5.4

Appropriately store and secure file

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 administrative law matters

preparing legal documents to support complex legal matters

preparing summaries of cases in complex legal matters

providing appropriate support in complex administrative law matters

undertaking analysis of information to determine status and value

undertaking complex research to support instructing legal officer.

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, administrative 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.

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 essential to performance are explicit in the performance criteria of this unit of competency.

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.

Not applicable.

Defence Paralegal Operations