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 advice on operations law | 1.1 Circumstances that require the provision of advice on operations law are identified in accordance with legal practices and procedures 1.2 Circumstances are analysed and the issues are interpreted and clearly defined |
2. Receive enquiry | 2.1 Enquirer's needs are identified, analysed and clarified in accordance with legal practices and procedures 2.2 Legal limits of own responsibility are clearly outlined to enquirer before any information is imparted in accordance with legal practices and procedures 2.3 Enquiries outside one's area of responsibility are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate |
3. Provide information on operations law | 3.1 Enquirer's or event details and problem/s are recorded 3.2 Information is relayed where available and appropriate 3.3 Research is conducted within the scope of own responsibility 3.4 Non-disclosable information is not communicated and where any doubt exists as to the information's status it is not disclosed |
4. Consult legal officer to resolve issues | 4.1 Issues are discussed with legal officer in accordance with legal practices and procedures 4.2 Issues are communicated to legal officer and resolution/action is discussed in accordance with legal practices and procedures 4.3 Suggested action/resolution is carried out in accordance with legal practices and procedures |
This describes the essential skills and knowledge and their level, required for this unit. |
Required Skills |
analyse information apply complex legal procedures apply legal practices and procedures communicate ideas, arguments and conclusions logically conduct research identify and evaluate status of information prepare complex legal documents use appropriate legal terminology |
Required Knowledge |
applicable legal practices and procedures required in the full range of tasks covered codes of practice, ethical standards government foreign policy human rights, including international humanitarian law international treaties and other arrangements legal limits of own responsibility 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 Rules of Engagement Use of Force |
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 advice on operations law matters, and to research and analyse information in relation to these issues; to provide advice and information within the legal limits of own responsibility; to comply with professional codes of practice and ethical standards at all times; and to implement access, equity and diversity principles and practices. Consistency in performance Competency should be demonstrated providing a range of advice and information 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 advice and information 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. | |
Operations law may include | Government foreign policy Human rights, including international humanitarian law International treaties and other arrangements (e.g. status of 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 |
Circumstances that require the provision of advice on operations law may include | Complaint Event arising that may disclose a defence service activity Incidents arising or related to the Australian Defence Force (ADF) service Legal inquiry Non-legal inquiry Peacekeeping Seeking information Seeking referral Someone seeking disclosable information |
Legal practices and procedures may include | Emergency procedures Handling contingencies Information sources Interviewing process Information specific to the defence legal service Protocol for accommodating special client needs e.g. Case manager, social worker, parole officer, translator, interpreter, service requirement Protocol for handling enquiries Providing disclaimers Recording information Security/confidentiality/privacy procedures Telephone protocol Verifying and authorising information |
Enquirer may include | Civilian employees of the defence organisation Commanders Defence civilians Outside agencies Other members of the ADF |
Identification, analysis and clarification of enquirer's may include | Accommodating any communication difficulties Clarification of request or problem by summarising and repeating summaries to ensure information gathered is reflective of the information enquirer wishes to communicate And may include the requirement to communicate: in writing in person verbally via third party electronically sensitivity to enquirer's emotional/physical state, cultural and service background |
Legal limits of own responsibility may include those covered by | Client and the Defence legal service Provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act Relevant state/territory/commonwealth legislation |
Information may include | Areas of law/practice the Defence legal service handles Charges and review process Correct contact in the defence legal service Disciplinary process Jurisdiction Non-disciplinary process Punishments and orders |
Non-disclosable information may include that covered by | Legally privileged information Organisationally classified or caveated information Relevant state/territory/commonwealth legislation |
Resolution/action may include | Advising enquirer after researching the appropriate information Not pursuing the matter Referring enquirer to another legal officer or practitioner Referring enquirer to the appropriate government department Referring enquirer to supervisor or appropriate authority |
Carrying out suggested action/resolution may include | Alternate dispute resolution Documenting and filing communication Informing enquirer of resolution Notifying relevant department of enquiry Promptly contacting enquirer where appropriate Providing written or oral advice Recording contact on database |
Not applicable.
This unit contains employability skills. |
Not applicable.