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Evidence Guide: PUADEFPL001B - Provide support in service discipline and criminal law 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

 

PUADEFPL001B - Provide support in service discipline and criminal law 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 service discipline and criminal law

  1. Instructions that require the provision of support in service discipline and criminal law are received and acted upon
  2. Circumstances are analysed and discipline issues are interpreted and clearly defined
Instructions that require the provision of support in service discipline and criminal law are received and acted upon

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances are analysed and discipline issues are interpreted and clearly defined

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and process documents involved in service discipline and criminal law 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 or deadlines are not honoured
  4. Requests for information are reviewed with instructing 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 or deadlines are not honoured

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Requests for information are reviewed with instructing 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. 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:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist instructing legal officer to prepare for trial or service discipline proceedings

  1. Relevant trial/tribunal is identified and appropriate files are prepared
  2. Communications from client, police and other authorities and details of client's charge and bail 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. 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 in conjunction with instructing legal officer and delivered
  7. Liaison and communication between instructing legal officer and other parties is facilitated
  8. Reminders of pending critical dates are forwarded to relevant persons
Relevant trial/tribunal is identified and appropriate files are prepared

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Communications from client, police and other authorities and details of client's charge and bail 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:

 

 

 

 

 

 

 

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 in conjunction with instructing legal officer and delivered

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 trial/tribunal and post trial/tribunal administration

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Trial/tribunal participants are notified of relevant details

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Court/tribunal personnel are notified

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

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 service discipline and criminal law matters, and to research and analyse information relating 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 instructing legal officer or senior paralegal to prepare for trials and service discipline proceedings.

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 in a 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.

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.

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

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

DFDA and related legislation

legal terminology

legal terminology specific to service discipline and criminal law

relationship between the different trials/tribunals

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

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.

Service discipline and criminal law may include

Defence Force Discipline Act (DFDA) which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

Relevant state/territory criminal law including:

Criminal Codes (Queensland, WA)

Criminal Code (Tasmania)

Crimes Act 1900 (NSW & ACT)

Crimes Act 1958 (Victoria)

Criminal Law Consolidation Act 1935 (SA)

Common Law for NSW, Victoria and SA

Trials and service discipline proceedings may include

County/district court trials

Defence force magistrate

General courts martial

Magistrates/local trials

Restricted courts martial

Summary hearings (subordinate, commanding officer, superior)

Supreme court trials

Instructions may include

Charge sheet (PD105)

Conduct record (PD103)

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

Documents may include

Account

Adjournment letters

Affidavit court/tribunal forms

Confirming/reporting letters to client outlining results of court/tribunal hearing

Court/tribunal reminder letters

Summons/orders

Legal practices and procedures may include

Engaging experts

Equity

Instructing legal officer 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

Charge sheet (PD105)

Conduct record (PD103)

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

Trial/tribunal may include

Courts or tribunals

Criminal jurisdictions

Criminal matters such as:

assault

homicide

manslaughter

property offences (theft, larceny)

service discipline offences

sexual assault

Defences such as:

automatism

denial

duress

ignorance of the law

insanity

intoxication

irresistible impulse

mistake of fact

necessity

self defence

superior orders

Hearings such as:

defence force magistrate

general courts martial

restricted courts martial

summary (subordinate, commanding officer, superior)

Critical dates may include

Appointments

Arrest conditions

Meeting bail conditions

Summary hearings/court/tribunal dates

Relevant details may include

Date

Time

Venue