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. | |
Prerequisite Unit/s | Nil |
ELEMENT | PERFORMANCE CRITERIA |
1. Plan and prepare for the provision of support in legal assistance | 1.1 Instructions that require the provision of support in legal assistance are received and acted upon 1.2 Circumstances are analysed and the legal assistance issues are interpreted and clearly defined |
2. Prepare and process documents involved in legal assistance matters | 2.1 Documents are identified, prepared and processed in accordance with legal practices and procedures 2.2 Documents are despatched/served in accordance with legal practices and procedures 2.3 Incoming documents are checked for completeness and timely delivery and sender is contacted where insufficient information is provided or deadlines are not honoured 2.4 Requests for information are reviewed with legal officer and identified documents are retrieved, copied and despatched in accordance with legal practices and procedures |
3. Perform research to support instructing legal officer | 3.1 Files are reviewed and research requirements are determined in conjunction with instructing legal officer 3.2 Relevant documents and exhibits are retrieved and processed 3.3 Precedent and case law are retrieved, researched and reviewed and summaries are made where appropriate 3.4 Interviews are conducted in accordance with legal and ethical frameworks 3.5 Summaries are forwarded to instructing legal officer and explanations are presented where necessary |
4. Assist instructing legal officer to prepare for legal assistance matter | 4.1 Where appropriate, the different legal assistance matters are identified 4.2 Communications from client, police and other authorities and details of client's status are communicated to instructing legal officer 4.3 File is discussed with instructing legal officer and work is planned and diarised 4.4 Availability of legal officers is canvassed and details are forwarded to instructing legal officer to facilitate engagement 4.5 Where applicable, opposing party's legal representative is contacted on behalf of instructing legal officer and relevant information is exchanged 4.6 Briefs for legal officers are prepared and delivered in conjunction with instructing legal officer 4.7 Liaison and communication between instructing legal officer and other parties is facilitated 4.8 Reminders of pending critical dates are forwarded to relevant persons |
5. Conduct legal assistance administration | 5.1 Relevant administrative instruction is prepared/processed 5.2 Participants are notified of relevant details 5.3 Court/tribunal personnel are notified 5.4 Post trial/tribunal/case resolution all documents are collected and archived as appropriate, outcomes are processed, accounts are prepared and relevant reviewing authority is notified where appropriate |
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 hearing/court/tribunal process |
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 PUA00 Public Safety Training Package. |
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 |
Not applicable.
This unit contains employability skills. |
Not applicable.