DEFPL005B
Provide support in operations law matters

This unit covers the competency required to analyse information and prepare documents in operations law matters.This competency includes researching case histories and the provision of instruction in operations law to service personnel.

Application

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.


Prerequisites

Prerequisite Unit/s

Nil


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Plan and prepare for the provision of support in operations law

1.1 Instructions that require the provision of support in operations law are received and acted upon

1.2 Circumstances are analysed and operational issues are interpreted and clearly defined

2. Prepare and process documents involved in operations law matters

2.1 Documents are identified, prepared and processed in accordance with legal and government 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 Secure documents are registered in secure documents registers and are handled in accordance with security classifications

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 legal officer

3.1 Files are reviewed and research requirements are determined in conjunction with legal officer

3.2 Relevant documents 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 legal officer and explanations are presented where necessary

4. Provide instruction to service personnel

4.1 Instruction details are prepared and cleared with legal officer

4.2 Instructions and other lessons are provided to service personnel

4.3 Comments related to instructions and lessons are considered and the style or format of the presentation is reviewed to ensure it meets service requirements

Required Skills

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

human rights, including international humanitarian law

international treaties and other arrangements

legal terminology

legal terminology specific to operations law

orders for Opening Fire

relevant domestic law

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

relevant policies, processes and procedures

Rules of Engagement

Use of Force

government foreign policy

Evidence Required

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 operations 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 legal officer or senior paralegal to prepare for operation law matters

Consistency in performance

Competency should be assessed in the workplace or in a simulated workplace environment providing a range of support services.

Context of and specific resources for assessment

Context of assessment

Competency should be demonstrated providing a range of support services over time.

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.

Guidance information for assessment

Information that will assist or guide assessment will be written during Phase II of the Review of the PUA00 Public Safety Training Package.


Range Statement

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

Human rights

International agreements

Orders for Opening Fire

Rules of Engagement

Operations law may include

Government foreign policy

Human rights, including international humanitarian law

International treaties and other arrangements (e.g. status for forced agreements, memorandum of understanding, environmental)

Laws of Armed Conflict

Law of the Sea

Law of Aerial Warfare

Rules of Engagement

Orders for Opening Fire

Relevant domestic law (e.g. fisheries, customs, immigration, Aid to the Civil Power)

Use of Force

Documents may include

Confirming letters outlining results of research

Deployment plans

Instructional/lesson reminder letters

Service requests for assistance

Operation orders

Operations law advice

Legal and government practices and procedures may include

Department of Foreign Affairs & Trade

Engaging experts

Equity

Government policies

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

Secure documents may include those that are classified

Confidential

Restricted

Secret

Top secret

Or that otherwise have had their reading restricted through privacy gradings

Relevant documents may include

Human rights

International arrangements

Orders for opening fire

Rules of Engagement


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.