ELEMENT

PERFORMANCE CRITERIA

1. Plan and prepare for the provision of high-level support on criminal law matters

1.1 Circumstances that require the provision of high level support on criminal law are identified.

1.2 Circumstances are analysed and the discipline 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.

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 in criminal law

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..

3.3 Research is conducted within the scope of own responsibility.

3.4 Nondisclosable information is not communicated.

4. Consult legal officer to resolve issues

4.1 Issues are communicated to legal officer and resolution/action is discussed.

4.2 Suggested action/resolution is carried out.

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills

analyse information

communicate ideas logically

conduct research

identify and evaluate status of information

prepare 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

Defence Force Discipline Act (DFDA) and related legislation

legal limits of own responsibility

relevant legal terminology

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

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

provide high level support on criminal law matters

analyse the circumstances surrounding the matter

conduct research

consult legal officers

provide information

while at all times complying with legislative requirements, policy and standards, and demonstrate an awareness of access, equity and diversity principles and practices.

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts.

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment.

Specific resources for assessment

Access to appropriate documentation and resources normally found in the work environment.

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.

Circumstances that require the provision of advice on service discipline and criminal law may include:

Complaint

Events arising that may disclose a service offence

Legal inquiry

Nonlegal inquiry

Seeking information

Seeking referral

Someone seeking disclosable information

Criminal law may include:

DFDA which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

state criminal law including the following:

Criminal Codes (Queensland, WA)

Criminal Code (Tasmania)

Crimes Act 1900 (ACT, NSW)

Crimes Act 1958 (Victoria)

Criminal Law Consolidation Act 1935 (SA)

Common Law for NSW, Victoria and SA

Enquirer may include:

Commanders

Civilian employees of the defence organisation

Defence civilians

Disciplinary appointees, including officers, warrant officers, non-commissioned officers

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 that information gathered is reflective of the information that the 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:

Client and the Defence legal service (e.g. Privacy Act, secrecy laws, ethical practices, codes of practice)

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

Charges and review process

Correct contact in the Defence legal service

Disciplinary process

Jurisdiction

Nondisciplinary process

Punishments and orders

Legal practices and procedures may include::

emergency procedures

handling contingencies

information sources

information specific to the Defence legal service

interviewing process

protocol for accommodating specific client needs such as 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

Nondisclosable information may include:

Legally privileged information

Organisationally classified or caveated information

Relevant state/territory/commonwealth legislation

Resolution/action may include:

Advising the 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 resolution/action may include:

Alternate dispute resolution processes

Documenting and filing communication

Informing caller of resolution

Notifying relevant department of enquiry

Promptly contacting enquirer where appropriate

Providing written or oral advice

Recording contact on database