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Evidence Guide: DEFPL011B - Provide support in legal assistance matters

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

 

DEFPL011B - Provide support in legal assistance matters

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

Plan and prepare for the provision of support in legal assistance

  1. Instructions that require the provision of support in legal assistance are received and acted upon
  2. Circumstances are analysed and the legal assistance issues are interpreted and clearly defined
Instructions that require the provision of support in legal assistance are received and acted upon

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances are analysed and the legal assistance issues are interpreted and clearly defined

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and process documents involved in legal assistance matters

  1. Documents are identified, prepared and processed in accordance with legal practices and procedures
  2. Documents are despatched/served in accordance with legal practices and procedures
  3. Incoming documents are checked for completeness and timely delivery and sender is contacted where insufficient information is provided or deadlines are not honoured
  4. Requests for information are reviewed with legal officer and identified documents are retrieved, copied and despatched in accordance with legal practices and procedures
Documents are identified, prepared and processed in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documents are despatched/served in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Incoming documents are checked for completeness and timely delivery and sender is contacted where insufficient information is provided or deadlines are not honoured

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Requests for information are reviewed with legal officer and identified documents are retrieved, copied and despatched in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Perform research to support instructing legal officer

  1. Files are reviewed and research requirements are determined in conjunction with instructing legal officer
  2. Relevant documents and exhibits are retrieved and processed
  3. Precedent and case law are retrieved, researched and reviewed and summaries are made where appropriate
  4. Interviews are conducted in accordance with legal and ethical frameworks
  5. Summaries are forwarded to instructing legal officer and explanations are presented where necessary
Files are reviewed and research requirements are determined in conjunction with instructing legal officer

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant documents and exhibits are retrieved and processed

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Precedent and case law are retrieved, researched and reviewed and summaries are made where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Interviews are conducted in accordance with legal and ethical frameworks

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Summaries are forwarded to instructing legal officer and explanations are presented where necessary

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist instructing legal officer to prepare for legal assistance matter

  1. Where appropriate, the different legal assistance matters are identified
  2. Communications from client, police and other authorities and details of client's status are communicated to instructing legal officer
  3. File is discussed with instructing legal officer and work is planned and diarised
  4. Availability of legal officers is canvassed and details are forwarded to instructing legal officer to facilitate engagement
  5. Where applicable, opposing party's legal representative is contacted on behalf of instructing legal officer and relevant information is exchanged
  6. Briefs for legal officers are prepared and delivered in conjunction with instructing legal officer
  7. Liaison and communication between instructing legal officer and other parties is facilitated
  8. Reminders of pending critical dates are forwarded to relevant persons
Where appropriate, the different legal assistance matters are identified

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Communications from client, police and other authorities and details of client's status are communicated to instructing legal officer

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

File is discussed with instructing legal officer and work is planned and diarised

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Where applicable, opposing party's legal representative is contacted on behalf of instructing legal officer and relevant information is exchanged

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Briefs for legal officers are prepared and delivered in conjunction with instructing legal officer

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Liaison and communication between instructing legal officer and other parties is facilitated

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Reminders of pending critical dates are forwarded to relevant persons

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct legal assistance administration

  1. Relevant administrative instruction is prepared/processed
  2. Participants are notified of relevant details
  3. Court/tribunal personnel are notified
  4. Post trial/tribunal/case resolution all documents are collected and archived as appropriate, outcomes are processed, accounts are prepared and relevant reviewing authority is notified where appropriate
Relevant administrative instruction is prepared/processed

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Participants are notified of relevant details

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Court/tribunal personnel are notified

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Post trial/tribunal/case resolution all documents are collected and archived as appropriate, outcomes are processed, accounts are prepared and relevant reviewing authority is notified where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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 support in legal assistance matters, 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 support the legal officer or senior paralegal to prepare for legal assistance matters.

Consistency in performance

Competency should be demonstrated providing a range of support services over time.

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or simulated workplace environment providing a range of support services 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.

Required Skills and Knowledge

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

Required Skills

communicate ideas, arguments and conclusions logically

conduct research

conflict resolution

follow complex legal procedures

follow written and oral instructions with regards to preparation of briefs

identify and evaluate status of information

prepare complex legal documents

prepare summaries of cases

use appropriate legal terminology

Required Knowledge

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

defence legal service policy on legal assistance

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

legal terminology

legal terminology specific to legal assistance

relationships between different legal assistance matters

summary hearing/court/tribunal process

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.

Instructions may include

Documentary material, exhibits and evidence

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

Record of prior convictions

Summary of matter

Witness statements

Legal assistance may include

Civil debt

Civil police charges

Conveyancing

Family law

Insurance

Landlord and tenancy matters

Minor commercial matters

Power of attorney

Probate

Vehicle accidents

Wills

Legal assistance may be limited

By legal aid that may be provided to Australian Defence Force (ADF) members when overseas

By the Defence legal service policy and may include:

formal or informal advice

oral or written advice

To referring the client to an external subject matter expert

Documents may include

Letters of referral

Power of attorney

Wills

Legal practices and procedures may include

Engaging/referral to experts

Equity

Extent of legal aid available

Instructing legal officer practitioner supervisory procedures

Practice notes

Protocol for accommodating special 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

Relevant documents and exhibits may include

Artefacts

Briefs

Clinical reports

Defendant's statement of claims

Expert reports

Further and better particulars

Hospital discharge summaries

Medical reports

Photographs/videos

Plaintiff's statement of claims

Pleading documents

Service history

Witness statements/affidavits

Writ of summons

Critical dates may include

Appointments

Arrest conditions

Meeting bail conditions

Summary hearings/court/tribunal dates

Relevant details include

Date

Time

Venue