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Evidence Guide: PUADEFPL013B - Provide advice on civil claims

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

 

PUADEFPL013B - Provide advice on civil claims

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

Plan and prepare for the provision of advice on civil claims

  1. Circumstances that require the provision of advice on civil claims and litigation are identified in accordance with legal practices and procedures
  2. Circumstances are analysed and issues are interpreted and clearly defined
Circumstances that require the provision of advice on civil claims and litigation are identified in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances are analysed and issues are interpreted and clearly defined

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Receive enquiry

  1. Enquirer's needs are identified, analysed and clarified in accordance with legal practices and procedures
  2. Legal limits of individual responsibility are clearly outlined to enquirer before any information is imparted, in accordance with legal practices and procedures
  3. Enquiries outside one's area of responsibility are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate
Enquirer's needs are identified, analysed and clarified in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Legal limits of individual responsibility are clearly outlined to enquirer before any information is imparted, in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Enquiries outside one's area of responsibility are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide information on civil claims and litigation

  1. Enquirer's or event details and problem/s are recorded in accordance with legal practices and procedures
  2. Information is relayed where available and appropriate in accordance with legal practices and procedures
  3. Research is conducted within the scope of own responsibility
  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
Enquirer's or event details and problem/s are recorded in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Information is relayed where available and appropriate in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Research is conducted within the scope of own responsibility

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Consult legal officer to resolve issues

  1. Issues are discussed with legal officer in accordance with legal practices and procedures
  2. Issues are communicated to legal officer and resolution/action is discussed in accordance with legal practices and procedures
  3. Suggested action/resolution is carried out in accordance with legal practices and procedures
Issues are discussed with legal officer in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Issues are communicated to legal officer and resolution/action is discussed in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Suggested action/resolution is carried out in accordance with legal practices and procedures

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 advice on civil claims and litigation processes, 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 provide the advice and information within the legal limits of the individual's responsibility.

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.

Required Skills and Knowledge

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

identify and evaluate status of information

prepare complex legal documents

use appropriate legal terminology

Required Knowledge

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

codes of practice, ethical standards

commonwealth government and Defence insurance processes

legal limits of own responsibility

legal process, legislation and sections, and stages involved in the claims and litigation process

legal terminology

legal terminology specific to claims and litigation

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.

Civil claims and litigation processes may include

Administrative law

Commercial law

Criminal law

Defence Force Discipline Act

Environmental law

Family law Industrial relations/employment law

International humanitarian law

International law

Litigation

Operations law

Property law

Wills and probate

Circumstances that require the provision of advice on civil claims and litigation may include

Complaint

Legal inquiry

Non-legal inquiry

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

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

Protocol for handling enquiries

Providing disclaimers

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 Australian Defence Force (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 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 individual responsibility may include those covered by

Client and the Defence legal service

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

Relevant state/territory/commonwealth legislation

Information may include

Areas of the defence legal service law/practice

Claim against a third party

Claim against the department

Claim by the Defence organisation

Complaint

Correct contact in the Defence legal service

Insurance cover

Indemnity

Legal inquiry

Liability

Non-legal inquiry

Risk

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 processes

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