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Elements and Performance Criteria

  1. Plan and prepare for the provision of support in legal assistance
  2. Prepare and process documents involved in legal assistance matters
  3. Perform research to support instructing legal officer
  4. Assist instructing legal officer to prepare for legal assistance matter
  5. Conduct legal assistance administration

Required Skills

This describes the essential skills and knowledge and their level required for this unit

Required Skills

communicate ideas arguments and conclusions logically

conduct research

conflict resolution

follow complex legal procedures

follow written and oral instructions with regards to preparation of briefs

identify and evaluate status of information

prepare complex legal documents

prepare summaries of cases

use appropriate legal terminology

Required Knowledge

applicable legal practices and procedures required in the full range of tasks covered

defence legal service policy on legal assistance

relevant legal process legislation and sections and stages involved in the legal process

legal terminology

legal terminology specific to legal assistance

relationships between different legal assistance matters

summary hearingcourttribunal process

Evidence Required

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to identify the issues surrounding the provision of support in legal assistance matters and to research and analyse information in relation to these issues to comply with professional codes of practice and ethical standards at all times and to implement access equity and diversity principles and practices

Assessment must also confirm the ability to support the legal officer or senior paralegal to prepare for legal assistance matters

Consistency in performance

Competency should be demonstrated providing a range of support services over time

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or simulated workplace environment providing a range of support services 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

Guidance information for assessment

Information that will assist or guide assessment will be written during Phase II of the Review of the PUA Public Safety Training Package

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

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.

Legal assistance may include

Civil debt

Civil police charges

Conveyancing

Family law

Insurance

Landlord and tenancy matters

Minor commercial matters

Power of attorney

Probate

Vehicle accidents

Wills

Legal assistance may be limited

By legal aid that may be provided to Australian Defence Force (ADF) members when overseas

By the Defence legal service policy and may include:

formal or informal advice

oral or written advice

To referring the client to an external subject matter expert

Instructions may include

Documentary material, exhibits and evidence

Oral or written correspondence, including from the command structure, commanding officer or an individual

Record of prior convictions

Summary of matter

Witness statements

Documents may include

Letters of referral

Power of attorney

Wills

Legal practices and procedures may include

Engaging/referral to experts

Equity

Extent of legal aid available

Instructing legal officer practitioner supervisory procedures

Practice notes

Protocol for accommodating special client needs e.g. case manager, social worker, parole officer

Protocol for contacting clients e.g. translator, interpreter

Recording information

Security/confidentiality/privacy procedures

Verifying and authorising information

Relevant documents and exhibits may include

Artefacts

Briefs

Clinical reports

Defendant's statement of claims

Expert reports

Further and better particulars

Hospital discharge summaries

Medical reports

Photographs/videos

Plaintiff's statement of claims

Pleading documents

Service history

Witness statements/affidavits

Writ of summons

Critical dates may include

Appointments

Arrest conditions

Meeting bail conditions

Summary hearings/court/tribunal dates

Relevant details include

Date

Time

Venue