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

It includes planning and preparing for the provision of high-level support on operations law matters, analysing the circumstance surrounding a complex issue, conducting research, consulting legal officers and providing information.

This unit applies to Defence personnel who provide high-level support services to legal practitioners on operations law matters.

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.

The high-level support provided in this unit must be within the legal limit of the individual’s responsibility.

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 support on operations law matters

1.1

Identify circumstances that require the provision of high-level support on operations law

1.2

Analyse identified circumstances and interpret and clearly define issues

2

Receive enquiry

2.1

Identify, analyse and clarify enquirer needs

2.2

Clearly outline to enquirer, the paralegal legal limits of responsibility prior to imparting information, in accordance with organisational policy

2.3

Identify enquiries outside area of own responsibility and seek assistance or refer enquiry to legal officer, as required

3

Provide information on operations law

3.1

Record enquirer or event details and problem/s in accordance with organisational procedures

3.2

Relay information as required, in accordance with organisational procedures

3.3

Conduct research within scope of own paralegal legal responsibility

3.4

Communicate information that can be disclosed and do not communicate non-disclosable information, particularly when there is doubt about the information’s status

4

Consult legal officer to resolve issues

4.1

Discuss issues with legal officer in accordance with legal practices and operational procedures

4.2

Communicate issues to legal officer and discuss appropriate resolution/action in accordance with legal practices and operational procedures

4.3

Complete agreed action/resolution in accordance with legal practices and operational procedures

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 operations law matters

preparing legal documents to support complex legal matters

preparing summaries of cases in complex legal matters

providing appropriate support for complex operations 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, operations 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 impacts on legal proceedings

relevant legal practices and procedures

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

rules of engagement

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 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