The application of this unit in the workplace - the environments, complexities and situations involved - will be written during Phase II of the Review of the PUA00 Public Safety Training Package. This text will be useful for the purposes of job descriptions, recruitment advice or job analysis; where possible, it will not be too job specific to allow other industries to import it into other Training Packages, where feasible. | |
Prerequisite Unit/s | Nil |
ELEMENT | PERFORMANCE CRITERIA |
1. Plan and prepare for the provision of support in service discipline and criminal law | 1.1 Instructions that require the provision of support in service discipline and criminal law are received and acted upon 1.2 Circumstances are analysed and discipline issues are interpreted and clearly defined |
2. Prepare and process documents involved in service discipline and criminal law matters | 2.1 Documents are identified, prepared and processed in accordance with legal practices and procedures 2.2 Documents are despatched/served in accordance with legal practices and procedures 2.3 Incoming documents are checked for completeness and timely delivery, and sender is contacted where insufficient information or deadlines are not honoured 2.4 Requests for information are reviewed with instructing legal officer and identified documents are retrieved, copied and despatched in accordance with legal practices and procedures |
3. Perform research to support instructing legal officer | 3.1 Files are reviewed and research requirements are determined in conjunction with instructing legal officer 3.2 Relevant documents and exhibits are retrieved and processed 3.3 Precedent and case law are retrieved, researched and reviewed, and summaries are made where appropriate 3.4 Summaries are forwarded to instructing legal officer and explanations are presented where necessary |
4. Assist instructing legal officer to prepare for trial or service discipline proceedings | 4.1 Relevant trial/tribunal is identified and appropriate files are prepared 4.2 Communications from client, police and other authorities and details of client's charge and bail status are communicated to instructing legal officer 4.3 File is discussed with instructing legal officer, and work is planned and diarised 4.4 Availability of legal officers is canvassed and details are forwarded to instructing legal officer to facilitate engagement 4.5 Opposing party's legal representative is contacted on behalf of instructing legal officer and relevant information is exchanged 4.6 Briefs for legal officers are prepared in conjunction with instructing legal officer and delivered 4.7 Liaison and communication between instructing legal officer and other parties is facilitated 4.8 Reminders of pending critical dates are forwarded to relevant persons |
5. Conduct trial/tribunal and post trial/tribunal administration | 5.1 Relevant trial/tribunal administrative instruction is prepared/processed 5.2 Trial/tribunal participants are notified of relevant details 5.3 Court/tribunal personnel are notified 5.4 Post trial/tribunal, all documents are collected and archived as appropriate, outcomes are processed, accounts are prepared and relevant reviewing authority is notified |
This describes the essential skills and knowledge and their level, required for this unit. |
Required Skills |
communicate ideas, arguments and conclusions logically conduct research follow complex legal procedures follow written and oral instructions with regards to preparation of briefs identify and evaluate status of information prepare complex legal documents prepare summaries of cases use appropriate legal terminology |
Required Knowledge |
applicable legal practices and procedures required in the full range of tasks covered DFDA and related legislation legal terminology legal terminology specific to service discipline and criminal law relationship between the different trials/tribunals relevant legal process, legislation and sections, and stages involved in the legal process summary hearing/court/tribunal process |
Critical aspects for assessment and evidence required to demonstrate competency in this unit | Assessment must confirm the ability to identify the issues surrounding the provision of support in service discipline and criminal law matters, and to research and analyse information relating to these issues; to comply with professional codes of practice and ethical standards at all times; and to implement access, equity and diversity principles and practices. Assessment must also confirm the ability to support the instructing legal officer or senior paralegal to prepare for trials and service discipline proceedings. Consistency in performance Competency should be demonstrated providing a range of support services over time. |
Context of and specific resources for assessment | Context of assessment Competency should be assessed in the workplace or in a simulated workplace environment providing a range of support services that could be expected in the workplace. Specific resources for assessment Access to appropriate documentation and resources normally found in the work environment and required for the job or task to be properly performed. |
The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below. | |
Trials and service discipline proceedings may include | County/district court trials Defence force magistrate General courts martial Magistrates/local trials Restricted courts martial Summary hearings (subordinate, commanding officer, superior) Supreme court trials |
Instructions may include | Charge sheet (PD105) Conduct record (PD103) Documentary material, exhibits and evidence Oral or written correspondence, including from the command structure, commanding officer or an individual Record of prior convictions Summary of matter Witness statements |
Service discipline and criminal law may include | Defence Force Discipline Act (DFDA) which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act Relevant state/territory criminal law including: Criminal Codes (Queensland, WA) Criminal Code (Tasmania) Crimes Act 1900 (NSW & ACT) Crimes Act 1958 (Victoria) Criminal Law Consolidation Act 1935 (SA) Common Law for NSW, Victoria and SA |
Documents may include | Account Adjournment letters Affidavit court/tribunal forms Confirming/reporting letters to client outlining results of court/tribunal hearing Court/tribunal reminder letters Summons/orders |
Legal practices and procedures may include | Engaging experts Equity Instructing legal officer supervisory procedures Practice notes Protocol for accommodating special client needs e.g. Case manager, social worker, parole officer Protocol for contacting clients e.g. Translator, interpreter Recording information Security/confidentiality/privacy procedures Verifying and authorising information |
Relevant documents and exhibits may include | Artefacts Briefs Clinical reports Charge sheet (PD105) Conduct record (PD103) Defendant's statement of claims Expert reports Further and better particulars Hospital discharge summaries Medical reports Photographs/videos Plaintiff's statement of claims Pleading documents Service history Witness statements/affidavits Writ of summons |
Trial/tribunal may include | Courts or tribunals Criminal jurisdictions Criminal matters such as: assault homicide manslaughter property offences (theft, larceny) service discipline offences sexual assault Defences such as: automatism denial duress ignorance of the law insanity intoxication irresistible impulse mistake of fact necessity self defence superior orders Hearings such as: defence force magistrate general courts martial restricted courts martial summary (subordinate, commanding officer, superior) |
Critical dates may include | Appointments Arrest conditions Meeting bail conditions Summary hearings/court/tribunal dates |
Relevant details may include | Date Time Venue |
Not applicable.
This unit contains employability skills. |
Not applicable.