Modification History
Not applicable.
Unit Descriptor
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Unit Descriptor |
This unit covers the competency required to provide advice on environmental law matters. This competency includes analysing the circumstances surrounding the matter, conducting research, consulting legal officers and providing information. The advice provided in this competency must be within the legal limit of the individual's responsibility. |
Application of the Unit
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Application of the Unit |
The application of this unit in the workplace - the environments, complexities and situations involved - will be written during Phase II of the Review of the PUA00 Public Safety Training Package. This text will be useful for the purposes of job descriptions, recruitment advice or job analysis; where possible, it will not be too job specific to allow other industries to import it into other Training Packages, where feasible. |
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
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Prerequisite Unit /s |
Nil |
Employability Skills Information
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Employability Skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
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Elements describe the essential outcomes of a Unit of Competency. |
Performance Criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the Required Skills and Knowledge and/or the Range Statement. Assessment of performance is to be consistent with the Evidence Guide. |
Elements and Performance Criteria
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ELEMENT |
PERFORMANCE CRITERIA |
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1. Plan and prepare for the provision of advice on environmental law |
1.1 Circumstances that require the provision of advice on environmental law are identified in accordance with legal practices and procedures 1.2 Circumstances are analysed and issues are interpreted and clearly defined |
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2. Receive enquiry |
2.1 Enquirer's needs are identified , analysed and clarified in accordance with legal practices and procedures 2.2 Legal limits of own responsibility are clearly outlined to enquirer before any information is imparted, in accordance with legal practices and procedures 2.3 Enquiries outside one's area of responsibility and knowledge are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate |
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3. Provide information on environmental law |
3.1 Enquirer's or event details and problem/s are recorded in accordance with legal practices and procedures 3.2 Information is relayed where available and appropriate in accordance with legal practices and procedures 3.3 Research is conducted within the scope of own responsibility 3.4 Non -disclosable information is not communicated and where any doubt exists as to the information's status it is not disclosed in accordance with legal practices and procedures |
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4. Consult legal officer to resolve issues |
4.1 Issues are discussed with legal officer in accordance with legal practices and procedures 4.2 Issues are communicated to legal officer and resolution /action is discussed in accordance with legal practices and procedures 4.3 Suggested action/resolution is carried out in accordance with legal practices and procedures |
Required Skills and Knowledge
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REQUIRED SKILLS AND KNOWLEDGE |
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This describes the essential skills and knowledge and their level, required for this unit. |
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Required Skills |
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Required Knowledge |
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Evidence Guide
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EVIDENCE GUIDE |
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Critical aspects for assessment and evidence required to demonstrate competency in this unit |
Assessment must confirm the ability to identify issues surrounding the provision of advice on environmental law matters, and to research and analyse information in relation to these issues; to provide advice and information within the legal limits of own responsibility; to comply with the professional codes of practice and ethical standards at all times; and to implement access, equity and diversity principles and practices. Consistency in performance Competency should be demonstrated providing a range of advice and information over time. |
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Context of and specific resources for assessment |
Context of assessment Competency should be assessed in the workplace or in a simulated workplace environment providing a range of advice and information that could be expected in the workplace. Specific resources for assessment Access to appropriate documentation and resources normally found in the work environment and required for the job or task to be properly performed. |
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Guidance information for assessment |
Information that will assist or guide assessment will be written during Phase II of the Review of the PUA00 Public Safety Training Package. |
Range Statement
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RANGE STATEMENT |
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The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below. |
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Environmental law may include |
International agreements Relevant commonwealth, state, territory or local government legislation or by-laws related to environmental matters |
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Circumstances that require the provision of advise on environmental law may include |
Australian Defence Force (ADF) exercises Complaint Event arising that may disclose a Defence service activity Incidents arising or related to ADF service Legal inquiry Non-legal inquiry Peace keeping Seeking information Seeking referral Someone seeking disclosable information |
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Legal practices and procedures may include |
Emergency procedures Handling contingencies Information sources Information specific to the Defence legal service Interviewing process Providing disclaimers Protocol for accommodating special client needs e.g. case manager, social worker, parole officer, translator, interpreter, service requirement Protocol for handling enquiries Recording information Security/confidentiality/privacy procedures Telephone protocol Verifying and authorising information |
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Enquirer may include |
Civilian employees of the Defence organisation Commanders Defence civilians Other members of the ADF Outside agencies |
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Identification , analysis and clarification of enquirer's needs may include |
Accommodating any communication difficulties Clarification of request or problem by summarising and repeating summaries to ensure information gathered is reflective of the information the enquirer wishes to communicate Sensitivity to enquirer's emotional/physical state, cultural and service background And may include the requirement to communicate:
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Legal limits of own responsibility may include those covered by |
Provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act Relationship between the client and the Defence legal service Relevant state/territory/commonwealth legislation |
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Information may include |
Areas of law/practice the Defence legal service handles Correct contact in the Defence legal service Jurisdiction |
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Non-disclosable information may include that covered by |
Legally privileged information Organisationally classified or caveated information Relevant state/territory/commonwealth legislation |
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Resolution /action may include |
Advising enquirer after researching the appropriate information Not pursuing the matter Referring enquirer to another legal officer or practitioner Referring enquirer to supervisor or appropriate authority Referring enquirer to the appropriate government department |
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Carrying out suggested action /resolution may include |
Alternate dispute resolution Documenting and filing communication Informing enquirer of resolution Notifying relevant department of enquiry Promptly contacting enquirer where appropriate Providing written or oral advice Recording contact on database |
Unit Sector(s)
Not applicable.
Corequisite Unit/s
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Co-requisite Unit /s |
Nil |
