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 administrative law | 1.1 Instructions that require the provision of support in administrative law are received and acted upon 1.2 Circumstances are analysed and the issues are interpreted and clearly defined |
2. Prepare and process documents involved in administrative law matters | 2.1 Documents are identified, prepared and processed in accordance with legal practices and procedures 2.2 Letters and other documents are prepared and forwarded to the instructing legal officer 2.3 Documents for Boards and/or other processes are identified, prepared and processed 2.4 Incoming documents are checked for completeness and timely delivery and sender is contacted where insufficient information is provided or deadlines are not honoured 2.5 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 Boards or investigation proceedings | 4.1 Different Boards of Inquiry/Investigation and other investigations are identified and appropriate files are prepared 4.2 File is discussed with instructing legal officer and work is planned and diarised 4.3 Availability of legal officers is canvassed and details are forwarded to instructing legal officer to facilitate engagement 4.4 Opposing party's legal representative is contacted on behalf of instructing legal officer and relevant information is exchanged 4.5 Briefs for legal officers are prepared and delivered in conjunction with instructing legal officer 4.6 Liaison and communication between instructing legal officer and other parties is facilitated 4.7 Reminders of pending critical dates are forwarded to relevant persons |
5. Conduct Board of Inquiry/Investigation and post board/investigation administration | 5.1 Relevant Board of Inquiry/Investigation administrative instruction is prepared/processed 5.2 Board of Inquiry/Investigation participants are notified of relevant details, including date, time and venue 5.3 Board of Inquiry/Investigation personnel are notified 5.4 Post Board of Inquiry/Investigation 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 board of inquiry/investigation process legal terminology legal terminology specific to administrative law relationships between the different boards of inquiry/investigation and other investigations relevant legal process, legislation and sections, and stages involved in the legal process relevant state/territory/commonwealth legislation |
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 administrative law matters, and to research and analyse information in relation 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 Boards of Inquiry/Investigation and other investigation 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. | |
Instructions may include | Documentary material, exhibits and evidence Oral or written correspondence, including from the command structure, commanding officer or an individual Summary of matter Witness statements |
Administrative law may include | Any relevant administrative legislation that impacts on the Defence Organisation |
Documents may include | Adjournment letters Board of inquiry/investigation forms Board of inquiry/investigation reminder letters Confirming/reporting letters outlining results of board of inquiry/investigation Summons/orders |
Legal practices and procedures may include | Engaging experts Equity Instructing legal officer practitioner 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 Expert reports Further and better particulars Hospital discharge summaries Letters Medical reports Photographs/videos Service history Witness statements/affidavits |
Boards of Inquiry/Investigation and other investigations may include | Boards of Inquiry Censures Freedom of Information (FOI) Human Rights and Equal Opportunity Commission (HREOC) Investigating officer Privacy Redress Return of service obligation Show cause |
Critical dates may include | Appointments Board of inquiry/investigation dates Other investigation milestones Summary hearings/court/tribunal dates |
Not applicable.
This unit contains employability skills. |
Not applicable.