This unit specifies the skills and knowledge required to research and prepare documents in administrative law matters within a Defence legal environment.

It includes planning and preparing support and documents involved in administrative law matters. It also includes researching case history and assisting the instructing legal officer to prepare for administrative inquiry processes.

This unit applies to Defence personnel who provide services to support legal practitioners in administrative enquiries and processes under supervision. These services include processing documents and assisting in preparation for administrative inquiries.

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 for the provision of support in administrative law

1.1

Receive and act on instructions that require the provision of support in administrative law

1.2

Analyse circumstances covered by the instruction and interpret issues

2

Prepare and process documents involved in administrative law matters

2.1

Identify, prepare and process documents in accordance with legal practices and organisational procedures

2.2

Prepare letters and other required documents and forward to instructing legal officer for review

2.3

Identify, prepare and process documents for administrative inquiries and/or other relevant processes

2.4

Review information with instructing legal officer and retrieve, copy and despatch identified documents in accordance with legal practices and organisational procedures

2.5

Collect and archive post administrative inquiry documents in accordance with organisational procedures, as required

3

Assist instructing legal officer to prepare for administrative inquiries

3.1

Identify different administrative inquiries and prepare appropriate files

3.2

Discuss file with instructing legal officer and plan work in accordance with critical dates

3.3

Canvass availability of legal officers and forward details to instructing legal officer to facilitate engagement that meets task requirements

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:

analysing information to determine status and reliability

assisting instructing legal officer to prepare for trial or service discipline proceedings

communicating effectively and logically on legal matters

implementing written and oral instructions to prepare effective briefs

planning and preparing for the provision of support in administrative law matters

preparing and processing documents involved in administrative law matters

preparing legal documents in accordance with identified processes

preparing summaries of cases in accordance with identified processes

undertaking research to support instructing legal officer

undertaking trial/tribunal and posttrial/tribunal administration.

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:

criminal law matters, administrative law matters and service discipline proceedings

Defence Force Discipline Act (DFDA) and related legislation

relationship between trials and tribunals and their impact

relevant legal practices and procedures

relevant legal process, documents and exhibits, legislation and sections, and stages involved in the legal process

relevant legal terminology and its use in accordance with organisational procedures

summary hearing/court/tribunal process

trials and service discipline proceedings.

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, equipment and personal protective equipment currently used in industry

applicable documentation including workplace 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