Release 1. This is the first release of this unit of competency in the DEF Defence Training Package.

This unit specifies the skills and knowledge required to provide support in service discipline law matters.

It includes planning and processing documents for the provision of support in service discipline law. It also includes researching case histories and assisting the instructing legal officer to prepare for trials and service discipline proceedings.

This unit applies to Defence personnel who, under supervision, provide services to support legal practitioners in service discipline law matters.

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.

Persons undertaking this unit work mostly independently while part of a team, and perform routine and complex tasks. They work with limited supervision, with identified approval authorities. They apply solutions to a variety of predictable and complex problems in familiar and unfamiliar contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

Not applicable

Defence Paralegal Operations

Not applicable.

ELEMENTS 

PERFORMANCE CRITERIA 

Elements describe the essential outcomes.

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

1  

Plan and prepare for the provision of support in service discipline law 

1.1 

Receive and act on instructions that require the provision of support in service discipline law matters

1.2 

Analyse circumstances, and interpret and clearly define discipline issues

2 

Prepare and process documents involved in service discipline law matters 

2.1 

Identify, prepare and process documents in accordance with legal practices and organisational procedures

2.2 

Despatch documents in accordance with legal practices and organisational procedures

2.3 

Check incoming documents for completeness and timely delivery, and contact sender where insufficient information is supplied or deadlines are not honoured

2.4 

Review requests for information with instructing legal officer

3 

Perform research to support instructing legal officer 

3.1 

Review files and determine search requirements in conjunction with instructing legal officer

3.2 

Retrieve and process relevant documents and exhibits in accordance with legal practices and organisational procedures

3.3 

Retrieve, research and review precedent and case law, and make summaries as required

3.4 

Forward summaries from research and review to instructing legal officer and present explanations, as required

4 

Conduct administration after matter 

4.1 

Conduct post-matter administration, as required, in accordance with organisational procedure

4.2 

Update and maintain legal records in relation to operational and legal requirements

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.

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.

This unit replaces and is equivalent to DEFPL023 Provide support in service discipline law matters.

Release 1. This is the first release of this unit of competency in the DEF Defence Training Package.

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 or service discipline proceedings
• communicating effectively and logically on legal matters
• implementing written and oral instructions to prepare effective briefs
• planning and preparing for the provision of support in discipline law matters
• preparing and processing documents involved in discipline law matters
• preparing legal documents in accordance with identified processes
• preparing summaries of cases in accordance with identified processes
• undertaking research to support instructing legal officer
• undertaking trial/tribunal and posttrial/tribunal administration.

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
• Defence Force Discipline Act (DFDA) and related legislation
• relationship between trials and tribunals and their impact
• 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 organisational procedures
• summary hearing/court/tribunal process
• trials and service discipline proceedings.

As a minimum, assessors must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment.

As a minimum, assessment must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment.

Assessment must occur in workplace operational situations where it is appropriate to do so; where this is not appropriate, assessment must occur in simulated workplace operational situations that replicate workplace conditions.

Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate.

Resources for assessment must include access to:

• a range of relevant exercises, case studies and/or other simulations
• relevant and appropriate materials, tools and equipment currently used in industry
• applicable documentation including workplace procedures, regulations, codes of practice and operation manuals.