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. Prepare to assess civil claims

1.1 Claimant's needs are identified, analysed and clarified in accordance with legal practices and procedures

1.2 Legal limits of own responsibility are clearly outlined to claimant before any information is imparted

1.3 Claims outside one's area of responsibility are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate

2. Provide information on civil claims issues

2.1 Claim details and problems are recorded in accordance with legal practices and procedures

2.2 Non-legal information is relayed where available and appropriate in accordance with legal practices and procedures

2.3 Research within legislative requirements and scope of own responsibility is pursued in accordance with legal practices and procedures

2.4 Non-disclosable information is not communicated and where any doubt exists as to the information's status it is not disclosed

3. Consult legal officer to resolve issues

3.1 Legal officer is contacted to discuss claimant's needs in accordance with legal practices and procedures

3.2 Claimant's needs are communicated to legal officer and resolution/action is discussed

3.3 Precedent and case law are retrieved, researched and reviewed and summaries are made where appropriate

3.4 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

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

commonwealth government and Defence insurance processes

legal terminology

legal terminology specific to claims and litigation

relevant legal process, legislation and sections, and stages involved in the claims and litigation 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 assessment of civil claims, 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 claims and litigation proceedings.

Consistency in performance

Competency should be demonstrated delivering a range of claims assessment and litigation processes 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 assessing a range of claims and support litigation processes 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.

Civil claims and litigation processes may include

Administrative law

Commercial law

Criminal law

Defence force discipline act (DFDA)

Environmental law

Family law

Industrial relations/employment law

International law

International humanitarian law

Litigation

Operations law

Property law

Wills and probate

Identification, analysis and clarification of claimant's needs 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

Sensitivity to enquirer's emotional/physical state, cultural and service background

And may include the requirement to communicate:

in writing

in person

verbally

via third party

electronically

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

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

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 supervisor or appropriate authority

Referring enquirer to the appropriate government department

Carrying out suggested resolution/action 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

This unit contains employability skills.