PUADEFPL010B
Provide advice on environmental law matters

This unit covers the competency required to provide advice on environmental law matters.This competency includes analysing the circumstances surrounding the matter, conducting research, consulting legal officers and providing information.The advice provided in this competency must be within the legal limit of the individual's responsibility.

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 environmental law

1.1 Circumstances that require the provision of advice on environmental law 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 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 and knowledge are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate

3. Provide information on environmental 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 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

prepare complex legal documents

identify and evaluate status of information

use appropriate legal terminology

Required Knowledge

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

codes of practice, ethical standards

environmental law and related legislation

legal limits of own responsibility

legal terminology

legal terminology specific to environmental law

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

Evidence Required

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

Assessment must confirm the ability to identify issues surrounding the provision of advice on environmental 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 the 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.

Guidance information for assessment

Information that will assist or guide assessment will be written during Phase II of the Review of the PUA00 Public Safety Training Package.


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.

Environmental law may include

International agreements

Relevant commonwealth, state, territory or local government legislation or by-laws related to environmental matters

Circumstances that require the provision of advise on environmental law may include

Australian Defence Force (ADF) exercises

Complaint

Event arising that may disclose a Defence service activity

Incidents arising or related to ADF service

Legal inquiry

Non-legal inquiry

Peace keeping

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

Providing disclaimers

Protocol for accommodating special client needs e.g. case manager, social worker, parole officer, translator, interpreter, service requirement

Protocol for handling enquiries

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 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 the 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 own responsibility may include those covered by

Provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act

Relationship between the client and the Defence legal service

Relevant state/territory/commonwealth legislation

Information may include

Areas of law/practice the Defence legal service handles

Correct contact in the Defence legal service

Jurisdiction

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

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.