Unit of competency
Modification History
Release 1. This is the first release of this unit of competency in the DEF Defence Training Package. |
Application
This unit describes the skills required to effectively manage complex legal and ethical issues in a Defence environment. This unit applies to those working within a Defence legal environment, where they are required to manage complex legal and ethical issues. The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to. Those undertaking this unit would work mostly independently whilst part of a team, performing routine and complex tasks. They would work with limited supervision, with identified approval authorities. They apply solutions to a variety of predictable and complex problems, in both familiar and unfamiliar contexts. No licensing, legislative or certification requirements apply to this unit at the time of publication. |
Pre-requisite Unit
Not applicable. |
Competency Field
Defence Paralegal Operations |
Unit Sector
Not applicable. |
Elements and Performance Criteria
ELEMENTS |
PERFORMANCE CRITERIA |
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Elements describe the essential outcomes. |
Performance criteria describe the performance needed to demonstrate achievement of the element. |
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1 |
Perform within legal and ethical parameters of a Defence environment |
1.1 |
Apply a clear understanding of required guidelines and legislation as they impact on a Defence legal environment |
1.2 |
Address the implications of guidelines and legislation |
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1.3 |
Handle client complaints sensitively and in accordance with identified guidelines |
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1.4 |
Handle all requests for client information in accordance with identified guidelines |
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2 |
Apply an understanding of the legal framework |
2.1 |
Work with an understanding of how the law operates in a Defence environment with regard to legal processes, principles and penalties |
2.2 |
Accurately apply concepts of negligence, duty of care and vicarious liability to a Defence environment |
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2.3 |
Apply a clear understanding of the requirement to obtain consent for treatment |
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2.4 |
Accurately use common legal terms associated with a Defence legal environment |
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2.5 |
Apply the legal requirements and expectations in relation to documented records and reports in a Defence environment |
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2.6 |
Apply mandatory reporting processes in line with jurisdictional requirements |
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2.7 |
Accurately apply client privacy and confidentiality practices |
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3 |
Identify legal principles |
3.1 |
Interpret sources of law to facilitate critical analysis |
3.2 |
Analyse sources of law critically to determine the legal precedent and determine application to the legal issue |
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3.3 |
Formulate response to the legal issue based on research |
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3.4 |
Communicate responses to inform stakeholders |
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3.5 |
Develop and implement strategies to resolve ethical issues within a Defence environment |
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3.6 |
Take responsibility for addressing ethical issues and legal requirements in line with own work |
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3.7 |
Complete all documentation in accordance with identified guidelines |
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3.8 |
Monitor compliance with legal obligations and requirements |
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4 |
Support the rights, interests and needs of clients |
4.1 |
Comply with legal responsibilities and duty of care in all interactions with clients |
4.2 |
Support client rights, interests and decisions |
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4.3 |
Encourage the client to exercise their rights to make informed decisions regarding their care |
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4.4 |
Demonstrate respect and support for the dignity of clients |
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4.5 |
Act as an advocate for client in line with identified guidelines and practices within a Defence environment |
Foundation Skills
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency. |
Range of Conditions
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. |
Unit Mapping Information
No equivalent unit. |
Links
Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=6bdbab1e-11ed-4bc9-9cba-9e1a55d4e4a9