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 advice on civil claims | 1.1 Circumstances that require the provision of advice on civil claims and litigation are identified in accordance with legal practices and procedures 1.2 Circumstances are analysed and 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 individual 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 civil claims and litigation | 3.1 Enquirer's or event details and problem/s are recorded in accordance with legal practices and procedures 3.2 Information is relayed where available and appropriate in accordance with legal practices and procedures 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, in accordance with legal practices and procedures |
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 |
Required Skills
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 commonwealth government and Defence insurance processes legal limits of own responsibility legal process, legislation and sections, and stages involved in the claims and litigation process legal terminology legal terminology specific to claims and litigation |
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 advice on civil claims and litigation processes, 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 provide the advice and information within the legal limits of the individual's responsibility. 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. |
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. | |
Civil claims and litigation processes may include | Administrative law Commercial law Criminal law Defence Force Discipline Act Environmental law Family law Industrial relations/employment law International humanitarian law International law Litigation Operations law Property law Wills and probate |
Circumstances that require the provision of advice on civil claims and litigation may include | Complaint Legal inquiry Non-legal inquiry Seeking information Seeking referral Someone seeking disclosable information |
Legal practices and procedures may include | Emergency procedures Handling contingencies Information sources Information specific to the Defence legal service Interviewing process 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 Other members of the Australian Defence Force (ADF) Outside agencies |
Identification, analysis and clarification of enquirer'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 limits of individual 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 the defence legal service law/practice Claim against a third party Claim against the department Claim by the Defence organisation Complaint Correct contact in the Defence legal service Insurance cover Indemnity Legal inquiry Liability Non-legal inquiry Risk |
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 action/resolution may include | Alternate dispute resolution processes 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 |
Sectors
Not applicable.
Employability Skills
This unit contains employability skills. |
Licensing Information
Not applicable.