Application
This unit specifies the skills and knowledge required to obtain information from a client within a Defence legal environment. This includes understanding Defence military law and the impact on disciplinary issues. It includes preparing background material, obtaining information from a client and finalising the matter. This unit applies to Defence personnel who are required to provide 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 independently and as part of a team, and perform routine tasks. They work with direct supervision and apply known solutions to a variety of predictable problems. 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 | Prepare background material | 1.1 | Clarify with instructing legal officer, nature of client needs and legal matter |
1.2 | Review and analyse background material in accordance with task requirements | ||
1.3 | Open new client/matter file in accordance with organisational legal procedures | ||
2 | Obtain client information | 2.1 | Contact client to gather required information in accordance with organisational and legal procedures |
2.2 | Outline legal limits of own responsibility clearly to client and establish mutual expectations in accordance with operational guidelines | ||
2.3 | Use appropriate communication techniques to obtain required information from client | ||
2.4 | Record client information in accordance with legal requirements and review with instructing legal officer | ||
3 | Finalise matter | 3.1 | Advise client of outcome, in accordance with operational legal requirements |
3.2 | Finalise documents in accordance with organisational procedures | ||
3.3 | Appropriately store and secure relevant files in accordance with organisational procedures |
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: 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 obtaining information from client planning and preparing for the provision of support preparing and processing background documents 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 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: criminal law matters and service discipline proceedings/issues 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. |
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, equipment and personal protective 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 |