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Evidence Guide: DEFDPL013 - Conduct legal research

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

DEFDPL013 - Conduct legal research

What evidence can you provide to prove your understanding of each of the following citeria?

Define legal issues

  1. Analyse information to determine factual situation
  2. Evaluate information to identify legal issues requiring research
Analyse information to determine factual situation

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evaluate information to identify legal issues requiring research

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Undertake research

  1. Define search parameters to narrow the scope of enquiry
  2. Identify sources of law to address the identified legal issue
  3. Develop research strategies based on subject, case, legislation, instrument and other relevant search terms
  4. Implement research strategies to locate sources of law
Define search parameters to narrow the scope of enquiry

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify sources of law to address the identified legal issue

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Develop research strategies based on subject, case, legislation, instrument and other relevant search terms

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Implement research strategies to locate sources of law

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify legal principles

  1. Interpret sources of law to facilitate critical analysis
  2. Analyse sources of law to critically determine the legal precent and determine application to the legal issue
  3. Formulate response to the legal issue based on research
  4. Communicate responses to inform stakeholders
Interpret sources of law to facilitate critical analysis

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse sources of law to critically determine the legal precent and determine application to the legal issue

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Formulate response to the legal issue based on research

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Communicate responses to inform stakeholders

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Define legal issues

1.1

Analyse information to determine factual situation

1.2

Evaluate information to identify legal issues requiring research

2

Undertake research

2.1

Define search parameters to narrow the scope of enquiry

2.2

Identify sources of law to address the identified legal issue

2.3

Develop research strategies based on subject, case, legislation, instrument and other relevant search terms

2.4

Implement research strategies to locate sources of law

3

Identify legal principles

3.1

Interpret sources of law to facilitate critical analysis

3.2

Analyse sources of law to critically determine the legal precent and determine application to the legal issue

3.3

Formulate response to the legal issue based on research

3.4

Communicate responses to inform stakeholders

Required Skills and Knowledge

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Define legal issues

1.1

Analyse information to determine factual situation

1.2

Evaluate information to identify legal issues requiring research

2

Undertake research

2.1

Define search parameters to narrow the scope of enquiry

2.2

Identify sources of law to address the identified legal issue

2.3

Develop research strategies based on subject, case, legislation, instrument and other relevant search terms

2.4

Implement research strategies to locate sources of law

3

Identify legal principles

3.1

Interpret sources of law to facilitate critical analysis

3.2

Analyse sources of law to critically determine the legal precent and determine application to the legal issue

3.3

Formulate response to the legal issue based on research

3.4

Communicate responses to inform stakeholders

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and include:

analysing information to determine status and reliability

assisting instructing legal officer to prepare for trial and service discipline proceedings

communicating effectively and logically on legal matters

effectively following written and oral instructions in the preparation of briefs

planning and preparing for the provision of support in criminal law matters

preparing and processing documents involved in criminal law matters

preparing legal documents in accordance with identified processes

preparing summaries of cases in accordance with identified processes undertaking trial/tribunal and post-trial/tribunal administration

undertaking research to support instructing legal officer.

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of:

criminal law matters and service discipline proceedings

relationship between trials and tribunals and their impacts

relevant legal practices and procedures

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

relevant legal terminology and its use in accordance with organisation procedures

relevant legislation and policies, which must include one or more of the following:

Defence Force Discipline Act (DFDA) and related legislation

Defence Security Manual (DSM)

Privacy Act

Archives Act

Defence Records Management Policy Manual (POLMAN)

work health safety (WHS) legislation

Public Governance and Accountability (PGPA) legislation

the Australian Public Service values and code of conduct

the summary hearing/court/tribunal process

trials and service discipline proceedings.

Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment.

Non-essential conditions may be found in the Companion Volume Implementation Guide.