ELEMENT

PERFORMANCE CRITERIA

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

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

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

2. Prepare and process documents involved in administrative law matters

2.1 Documents are identified, prepared and processed in accordance with legal practices and procedures.

2.2 Letters and other documents are prepared and forwarded to instructing legal officer.

2.3 Documents for administrative inquiries and/or other processes are identified, prepared and processed.

2.4 Information is reviewed with instructing legal officer and identified documents are retrieved, copied and despatched in accordance with legal practices and procedures.

2.5 Post administrative inquiry documents are collected and archived as appropriate.

3. Assist instructing legal officer to prepare for administrative inquiries

3.1 Different administrative inquiries are identified and appropriate files are prepared.

3.2 File is discussed with instructing legal officer and work is planned in accordance with critical dates.

3.3 Availability of legal officers is canvassed and details are forwarded to instructing legal officer to facilitate engagement.

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

Required Skills

follow legal procedures

identify and research status of information

prepare legal documents

use appropriate legal terminology

Required Knowledge

administrative inquiry process

applicable legal practices and procedures required in the full range of tasks covered

different types of inquiry/investigation

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

relevant legal terminology

relevant legislation

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

Assessment must confirm the ability to:

research and prepare documents in administrative law matters

research case history

assist instructing legal officer to prepare for administrative inquiry processes

The candidate must at all times comply 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 is required 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.

Instructions may include:

documentary material, exhibits and evidence

oral or written correspondence, including from the command structure, commanding officer or an individual

summary of matter

witness statements

Administrative law may include:

any relevant administrative legislation that impacts on the Defence organisation

Documents may include:

adjournment letters

administrative inquiry investigation forms

summons/orders

Legal practices and procedures may include:

engaging experts

equity

instructing legal officer supervisory procedures

practice notes

protocol for accommodating specific 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

Administrative inquiries may include:

Boards of Inquiry

Chief of Defence Force Commissions of Inquiry

command-generated inquiry

freedom of information (FOI)

inquiry officer

investigating officer

notice to show cause:

censure

termination

warnings

ombudsman

privacy

quick assessment

redress of grievance

return of service obligation

routine inquiry

Critical dates may include:

administrative inquiry dates

appointments