This unit describes the skills required to provide paralegal support services within a Defence legal environment. This includes understanding workplace requirements of a Defence legal context and how to undertake research activities to support legal capability.

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.

Those undertaking this unit would work both independently and as part of a team while performing routine tasks. They would 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

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Define legal issues

1.1

Analyse information to determine factual situation

1.2

Evaluate information to identify legal issues requiring research

2

Undertake research

2.1

Define search parameters to narrow the scope of enquiry

2.2

Identify sources of law to address the identified legal issue

2.3

Develop research strategies based on subject, case, legislation, instrument and other relevant search terms

2.4

Implement research strategies to locate sources of law

3

Identify legal principles

3.1

Interpret sources of law to facilitate critical analysis

3.2

Analyse sources of law to critically determine the legal precent and determine application to the legal issue

3.3

Formulate response to the legal issue based on research

3.4

Communicate responses to inform stakeholders

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 and service discipline proceedings

communicating effectively and logically on legal matters

effectively following written and oral instructions in the preparation of briefs

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

preparing and processing documents involved in criminal law matters

preparing legal documents in accordance with identified processes

preparing summaries of cases in accordance with identified processes undertaking trial/tribunal and post-trial/tribunal administration

undertaking 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:

criminal law matters and service discipline proceedings

relationship between trials and tribunals and their impacts

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 organisation procedures

relevant legislation and policies, which must include one or more of the following:

Defence Force Discipline Act (DFDA) and related legislation

Defence Security Manual (DSM)

Privacy Act

Archives Act

Defence Records Management Policy Manual (POLMAN)

work health safety (WHS) legislation

Public Governance and Accountability (PGPA) legislation

the Australian Public Service values and code of conduct

the 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 (PPE) currently used in industry

applicable documentation, including workplace procedures, regulations, codes of practice and operation manuals

acceptable means of simulated assessment.

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