Application
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. | |
Prerequisites
Prerequisite Unit/s | Nil |
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Plan and prepare for the provision of advice on service discipline and criminal law | 1.1 Circumstances that require the provision of advice on service discipline and criminal law are identified in accordance with legal practices and procedures 1.2 Circumstances are analysed and the discipline issues are interpreted and clearly defined |
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 are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate |
3. Provide information in service discipline and criminal 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 |
4. Consult legal officer to resolve issues | 4.1 Issues are communicated to legal officer and resolution/action is discussed in accordance with legal practices and procedures 4.2 Suggested action/resolution is carried out in accordance with legal practices and procedures |
Required Skills
This describes the essential skills and knowledge and their level, required for this unit. |
Required Skills |
analyse information apply complex legal procedures apply legal practices and procedures communicate ideas, arguments and conclusions logically conduct research identify and evaluate status of information prepare complex legal documents use appropriate legal terminology |
Required Knowledge |
applicable legal practices and procedures required in the full range of tasks covered codes of practice, ethical standards DFDA and related legislation legal limits of own responsibility legal terminology legal terminology specific to service discipline and criminal law relevant legal process, legislation and sections, and stages involved in the legal 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 advice on service discipline and criminal law matters, and to research and analyse information relating to these issues; to provide advice and information within the legal limits of own responsibility; to comply with 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. |
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. |
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
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. | |
Service discipline and criminal law may include | Defence Force Discipline Act (DFDA) which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act State criminal law including the following: Criminal Codes (Queensland, WA) Criminal Code (Tasmania) Crimes Act 1900 (NSW & ACT) Crimes Act 1958 (Victoria) Criminal Law Consolidation Act 1935 (SA) Common Law for NSW, Victoria and SA |
Circumstances that require the provision of advice on service discipline and criminal law may include | Complaint Events arising that may disclose a service offence Legal inquiry Non-legal inquiry Seeking information Seeking referral Someone seeking disclosable information |
Legal practices and procedures may include | Emergency procedures Handling contingencies Information sources Information specific to the defence legal service Interviewing process Protocol for accommodating special client needs e.g. case manager, social worker, parole officer, translator, interpreter, service requirement Protocol for handling enquiries Providing disclaimers Recording information Security/confidentiality/privacy procedures Telephone protocol Verifying and authorising information |
Enquirer may include | Commanders Civilian employees of the defence organisation Defence civilians Disciplinary appointees, including officers, warrant officers, non commissioned officers Other members of the Australian Defence Force (ADF) outside agencies |
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 that information gathered is reflective of the information that the enquirer wishes to communicate And may include the requirement to communicate: in writing in person verbally via third party electronically Sensitivity to enquirer's emotional/physical state, cultural and service background |
Legal limits of own responsibility may include those covered by | Client and the Defence legal service (e.g. Privacy Act, secrecy laws, ethical practices, codes of practice) Provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act Relevant state/territory/commonwealth legislation |
Information may include | Areas of the Defence legal service law/practice Charges and review process Correct contact in the Defence legal service Disciplinary process Jurisdiction Non-disciplinary process Punishments and orders |
Non-disclosable information may include that covered by | Legally privileged information Organisationally classified or caveated information Relevant state/territory/commonwealth legislation |
Resolution/action may include | Advising the 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 |
Carrying out resolution/action may include | Alternate dispute resolution processes Documenting and filing communication Informing caller of resolution Notifying relevant department of enquiry Promptly contacting enquirer where appropriate Providing written or oral advice Recording contact on database |
Sectors
Not applicable.
Employability Skills
This unit contains employability skills. |
Licensing Information
Not applicable.