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 operations law matters within a Defence legal environment.

It includes planning and preparing for the provision of high-level support on operations law matters, analysing the circumstance surrounding a complex issue, conducting research, consulting legal officers and providing information.

This unit applies to Defence personnel who provide high-level support services to legal practitioners on operations 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.

The high-level support provided in this unit must be within the legal limit of the individual’s responsibility.

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 support on operations law matters 

1.1 

Identify circumstances that require the provision of high-level support on operations law

1.2 

Analyse identified circumstances and interpret and clearly define issues

2 

Receive enquiry 

2.1 

Identify, analyse and clarify enquirer needs

2.2 

Clearly outline to enquirer, the paralegal legal limits of responsibility prior to imparting information in accordance with organisational policy

2.3 

Identify enquiries outside area of own responsibility and seek assistance or refer enquiry to legal officer, as required

3 

Provide information on operations law 

3.1 

Record enquirer or event details and problems in accordance with organisational procedures

3.2 

Relay information, as required, in accordance with organisational procedures

3.3 

Conduct research within scope of own paralegal legal responsibility

3.4 

Assess and confirm information that can be disclosed and not disclosed in consultation with relevant personnel

3.5 

Communicate information once disclosure status has been confirmed in accordance with organisational procedures

4 

Consult legal officer to resolve issues 

4.1 

Discuss issues with legal officer in accordance with legal practices and operational procedures

4.2 

Communicate issues to legal officer and discuss appropriate action in accordance with legal practices and operational procedures

4.3 

Complete agreed action in accordance with legal practices and operational 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 DEFDPL005 Provide high-level support on operations 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 sensitive legal matters
• coordinating with instructing legal officer to advices, planning schedules and training on operational law matters
• filing and maintaining records for operational law matters in accordance with Defence policy
• managing information in accordance with Defence security and operational requirements
• preparing and processing documents involved in operations law matters
• providing appropriate support for complex operations law matters
• undertaking complex research to support instructing legal officer.

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:

• application of domestic and international law operations, law matters and service discipline proceedings
• complex legal practices and procedures
• conflict of interest test check procedure
• Defence policies and procedures
• information sharing in accordance with organisational policies and procedures
• legal terminology relevant to simple and complex legal matters
• relationship and differences between domestic and international operations and potential impacts on legal advices
• relevant legal practices and procedures
• rules of engagement
• the Defence Act and related legislation.

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.