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 provide high-level support on administrative law matters within a Defence legal environment.

It includes planning, preparing and clarifying complex legal issues; performing legal research and preparing complex legal documents.

This unit applies to Defence personnel who are required to provide high-level paralegal support services.

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 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  

Plan and prepare to provide high-level administrative support 

1.1 

Receive and register an administrative law matter

1.2 

Determine what stage in the process the administrative law matter has reached

1.3 

Analyse and identify complex legal issues for administrative law matter

2 

Clarify legal issues 

2.1 

Review and clarify complex legal issues of administrative law matter with instructing legal officer

2.2 

Obtain additional information, as required, to meet matter requirements

2.3 

Clearly outline paralegal legal limits of responsibility to stakeholders in accordance with legal and organisational procedures

3 

Perform legal research 

3.1 

Conduct legal research for matter as necessary

3.2 

Analyse and document research outcomes to meet matter requirements

4 

Prepare legal documents and advices 

4.1 

Prepare required legal documents and advices under instruction from instructing legal officer

4.2 

Review legal documents and advices with instructing legal officer and amend, as required

5 

Finalise matter 

5.1 

Finalise legal documents to meet legal and matter requirements under instruction from instructing legal officer

5.2 

Communicate matter outcomes to stakeholders, as required

5.3 

Update file notes and place outcomes on file in accordance with operating guidelines

5.4 

Store and secure file in accordance with 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 replaces and is equivalent to DEFDPL003 Provide high-level support on administrative 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 the requirements of the elements and performance criteria on at least one occasion and include:

• communicating effectively on complex legal matters
• coordinating with instructing legal officer to prepare for law matters
• ensuring all relevant administration is completed in accordance with legal and operational procedures
• filing and maintaining records for administrative law matters in accordance with Defence policy
• preparing and processing documents involved in complex administrative law matters
• providing appropriate support in complex administrative law matters
• undertaking analysis of information to determine relevance and value
• undertaking complex research to support instructing legal officer
• updating all records, storing and securing files in accordance with legal and record keeping requirements, upon finalisation.

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:

• administrative law matters and their relevance to paralegal operational procedures
• complex legal practices and procedures
• Defence (Inquiry) Regulation and related legislation
• interrelationship between administrative law matters and discipline law matters, and potential impact on legal procedure
• legal terminology relevant to Defence administrative law matters
• military administrative law matters and service discipline proceedings
• records management in accordance with Defence Policy
• relevant legal practices, procedures and application to matters
• relevant manuals and policies involved in the Defence administrative legal process.

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.