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

This unit describes the skills and knowledge 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.

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  

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 

Identify ethical principles at issue in a given situation and evaluate potential consequences if not applied correctly

1.3 

Handle client matters and requests sensitively and in accordance with legal practices and organisational procedures

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, legal professional privilege and vicarious liability to a Defence environment

2.3 

Accurately use common legal terms associated with a Defence legal environment

2.4 

Apply the legal requirements and expectations in relation to documented records and reports in a Defence environment

2.5 

Apply mandatory reporting processes in line with organisational requirements

2.6 

Accurately apply client privacy and confidentiality practices

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

3.3 

Formulate response to the legal and/or ethical issue based on research

3.4 

Communicate responses to inform stakeholders

3.5 

Develop and implement strategies to resolve ethical issues within a Defence environment

3.6 

Take responsibility for addressing ethical issues and legal requirements in line with own work

3.7 

Complete all documentation in accordance with identified guidelines

3.8 

Monitor compliance with legal obligations and requirements

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 and encourage the client to exercise their rights to make informed decisions regarding their matter including disclosing/reporting issues

4.3 

Demonstrate respect and support for the dignity of clients

4.4 

Engage appropriately with clients in line with legal practices and organisational procedures

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 DEF Defence Training Package Companion Volume Implementation Guide.

This unit supersedes and is equivalent to DEFDPL014 Address complex legal and ethical issues in a Defence environment.

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 the requirements of the elements and performance criteria on at least one occasion and include:

• applying ethical principles to a Defence environment, including the accurate use of:

• distinction between ethical and legal problems
• theoretical concepts informing ethical conduct

• communicating effectively with clients and colleagues across ethical and legal matters
• contributing to resolving and dealing with legal and ethical issues arising in the workplace
• demonstrating compliance with Defence's ethical framework
• filing and maintaining records in accordance with Defence policy
• identifying common legal issues relevant to the Defence environment
• providing information as required to enhance the application of legal and ethical work practices in Defence
• using appropriate systems for documentation and management of legal records.

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all the requirements of the elements and performance criteria and include knowledge of:

• appropriate use of legal terminology
• framework for ethical decision making, problem solving and policy setting
• legal and ethical standards, responsibilities and issues relevant to a Defence legal environment
• records management in accordance with Defence policy
• relevant administrative practices and procedures mandated by Defence
• relevant legislation and policies
• relevant reporting and disclosure mechanisms to resolve/investigate an issue
• principles of confidentiality and privacy responsibilities
• roles and responsibilities of key legal entities within the Defence environment.

Assessors must hold credentials specified within the Standards for Registered Training Organisations current at the time of assessment.

Assessment must satisfy the Principles of Assessment and Rules of Evidence and all regulatory requirements included within 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 simulations
• applicable documentation, including legislation, regulations, codes of practice, workplace procedures and operation manuals
• relevant and appropriate materials, tools, equipment and personal protective equipment (PPE) currently used in industry.