Legal Grade and Value Range Descriptors

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Legal Grade and Value Range Descriptors Powered By Docstoc
					                                                                                                        Legal Grade and Value Range Descriptors

Legal Category Definition                   Articled Clerk                          Solicitor - Level 1                                 Solicitor - Level 2                                                         Solicitor - Level 3
A Legal Officer is in a job that requires   Grade description                       Grade description                                   Grade description                                                           Grade description
a mandatory legal qualification,            An articled clerk functions within      Solicitor Level 1 is the minimum                    The working environment provides                                            Independent performance of legal
admission to practise (or is preparing      an environment that reflects an         entry level for an admitted solicitor               broad guidelines and procedures in                                          professional work at an advanced
for admission to practise) and the sole     understanding and appreciation of       with limited* or no practice                        which the person is expected to                                             level.
or major focus is the practice of law.      the structures of the Victorian legal   experience or for roles working within              confidently adapt and apply
This includes:                              system.                                 a well-defined operational                          knowledge to their work.                                                    Capable of working independently
  preparing, conducting and                                                        environment under direct supervision.                                                                                           in providing legal advice and
   advocating cases;                        In this context, articled clerks        Note* Limited practice experience would typically   The role requires diminishing                                               regarded as developing a key
                                                                                    be characterised by less than 12 months
  briefing counsel and supervising         continue to acquire knowledge and       experience.                                         supervision for routine matters and                                         functional expertise within the area
   lawyers in private practice who          apply professional legal                                                                    operates within a more challenging                                          of expertise.
   represent the agency;                    knowledge under direct                  The focus at this level is to undertake             functional environment.
  preparing legal documents                supervision.                            professional tasks within established                                                                                           May have responsibility for
  providing legal advice and opinions;                                             guidelines and policies.                            The job focus changes to undertaking                                        mentoring less experienced legal
  researching and interpreting case        The focus is on applying                                                                    professional tasks within established                                       staff
   law, precedents, legal procedures and    professional knowledge under            Level 1 Solicitors progress to Level 2              guidelines and policies with greater
   legislation;                             supervision. Routine work is dealt      following 12 months service or earlier              independence.
  interpreting legislation and             with independently                      provided they meet the performance
   precedent; and                                                                   standards of the Department/ Agency
  developing and reviewing legislation     Professional legal work is checked      at this level and the work is required
                                            and approved by others.                 at Level 2.

Note: Legal adaptive descriptors are to
be read in conjunction with the VPS              VPS Grade 2 VR1                             Value Range 1                                     Value Range 1                           Value Range 2                        VPS Grade 4
Grade and Value range descriptors                                                           VPS Grade 2 VR2                                   VPS Grade 3 VR1                         VPS Grade 3 VR2
with which they align.
Litigation                                  VPS Grade and Value Range               Provides support to more experienced                Assesses case requirements and              Prepares more complex cases/    Participates in negotiations and
                                            descriptors apply                       legal officers in courts, tribunals and             implements appropriate processes from a     matters                         recommends dispute settlements
                                                                                    review forums                                       range of accepted options                   Negotiates settlement           Prepare and/or instructs in more
                                                                                    Assists with interviewing witnesses                 Assists with preparation for negotiations   agreements within defined       complex committals, summary
                                                                                    and taking statements                               between opposing parties.                   parameters.                     prosecutions, inquests, trials and
                                                                                    Provides routine advice within                      Assess adequacy of evidence in routine      Instructs in more complex       appeals
                                                                                    established procedural frameworks                                                               committals, inquests, trials    Manages cases involving less
                                                                                                                                        Prepares for routine litigation in
                                                                                    Assists in preparing and presenting                                                             and appeals and routine civil   prescription or limited precedents
                                                                                                                                        Magistrates Courts, County Courts and
                                                                                    cases in a range of review forums,                  tribunals                                   proceedings in the              Briefs and instructs counsel on
                                                                                    tribunals and courts                                Appears in routine matters in the           Magistrates and County          moderately complex matters
                                                                                    Attend directions hearings and routine              Magistrates and County Courts, and          Courts, and tribunals           Appears in matters in the
                                                                                    case conferences                                    tribunals including mentions and case                                       Magistrates and County Courts,
                                                                                                                                        conferences                                                                 and tribunals including mentions
                                                                                                                                        Prepares and instructs in routine                                           and case conferences including
                                                                                                                                        committals, inquests, trials and appeals                                    cases of a more complex nature.
                                                                                                                                        and routine civil proceedings in the
                                                                                                                                        Magistrates and County Courts, and
                                                                                                                                        Assists in the development of legal
                           VPS Grade 2 VR1               Value Range 1                            Value Range 1                           Value Range 2                              VPS Grade 4
                                                        VPS Grade 2 VR2                          VPS Grade 3 VR1                         VPS Grade 3 VR2

Advice Work            VPS Grade and Value Range   Prepares legal briefs and advice       Recommends appropriate legal courses        Prepares detailed documents          Develops legal policy proposals for
                       descriptors apply           under supervision                      of action from a range of alternatives      requiring detailed legal analysis    consideration by others
                                                   Undertakes legal research under        based on known practice and                 Contributes to planning of legal     Provides advice in a specialised area
                                                   direction to contribute to decision    precedents                                  strategies, research or policy       of law under broad direction
                                                   making by others                       Liaises with, and provides information      development                          Advises stakeholders on a broad
                                                   Provides routine advice within         to, individuals, court and tribunal staff   Identifies and applies legal         range of legal matters consistent with
                                                   established procedural frameworks      and other agencies                          developments to problem solving      the area of specialisation
                                                                                          Advises on the requirements on              within a specific work area of the   Provides advice on issues involving
                                                                                          contracts and agreements                    organisation.                        the consideration of moderately
                                                                                          Researches and reports on case law                                               complex factual, legal or evidentiary
                                                                                          and recent legal developments                                                    issues within establish frameworks
                                                                                          Assesses actions by individuals or
                                                                                          organisations against legislation, rules,
                                                                                          regulations and service agreements
Legislative Drafting   VPS Grade and Value Range                                          Contributes to developing drafting          Prepares straightforward draft       Drafts bills under general direction
                       descriptors apply                                                  instructions for legislation                subordinate legislation for          for consideration by others
                                                                                          Supports more experienced staff in          review by supervisors                Undertake research and evaluation
                                                                                          preparing subordinate legislation           Prepares drafting instructions       and provide advice on legislation and
                                                                                                                                      independently for                    government policy Seeks stakeholders
                                                                                                                                      straightforward legislative          views and applies understanding of
                                                                                                                                      proposals incorporating              current issues in developing proposals
                                                                                                                                      stakeholders views                   and advice
                                                                                                                                                                           Prepares drafting instructions and
                                                                                                                                                                           supporting documentation for
                                                                                                                                                                           legislation under direction

Legal Drafting         VPS Grade and Value Range   Uses basic precedents to prepare       Prepares routine legal documents            Undertakes legal drafting            Prepares complex reports, briefs and
                       descriptors apply           legal documentation under              regularly requiring the application of      projects where precedent is not      correspondence on issues that impact
                                                   supervision                            established precedent                       as well defined.                     at program or organisational level
                                                   Prepares preliminary draft contracts   Researches issues and prepares legal                                             Examine and report on complex legal
                                                   and agreements                         advice within a framework set by                                                 instruments and decisions
                                                   Undertakes research to support         others                                                                           Drafts complex legal agreements with
                                                   more experienced staff in preparing    Prepares routine public                                                          some precedent
                                                   legal policy proposals                 communication guides on legal issues

DEECD                                                                                                                                                      Legal Grade & Value Range Descriptors
VPS Career Structure                                                                                                                                                 Updated 14 September 2009
                       Senior Solicitor                                                                                    Principal Solicitor
                       Grade description                                                                                   Grade description
                       A senior legal officer with a substantial advisory, research and development role in a specialist   May manage a small to medium legal office or area of major specialisation.
                       area of law or a senior legal practitioner within diverse legal environment                         Interprets the environment and makes decisions where there is limited precedent and creatively
                       Independently manages complex or sensitive matters within the field of expertise                    applies concepts to new situations.
                       Deals with significantly complex matters under limited direction
                       May be the Agency contact on a particular area of law.                                              Roles at this level are expected to identify and respond to new and emerging legal issues and deal
                       May manage or supervise a small legal office/ unit or specialised team.                             with more complex or sensitive matters within the field of expertise
                                 VPS Grade 5 VR 1                                     VPS Grade 5 VR 2                                VPS Grade 6 VR1                                     VPS Grade 6 VR2
Litigation             Prepares, and instructs counsel in complex and/     Negotiates and manages complex or highly        Works independently on highly complex cases         Provides leadership and guidance based on
                       or sensitive matters                                sensitive cases and disputes                    May act as a solicitor advocate in the county       advance expertise in an area of specialisation or
                       Represents the agency within Government and         Provides professional leadership within the     and supreme courts on indictable matters which      in a broad range of legal matters to senior
                       externally in the area of specialisation            area of specialisation/expertise                can not be heard summarily                          stakeholders
                       Appears in contested and indictable matters in                                                      Develops briefs and/or advice on highly
                       the magistrates and county courts                                                                   complex issues which provide options for
                       Co-ordinates complex criminal prosecutions                                                          decision at the highest level with the agency
                       Exercises judgement within established                                                              Provides high level advice in an area of
                       parameters in negotiating and developing                                                            specialisation
                       proposals to settle complex matters                                                                 Develops strategies for management of complex
                       Provides advice to team members in                                                                  legal proceedings
                       developing /endorsing preferred litigation                                                          Manages key stakeholder interests
Advice Work            Initiates research and analysis to provide advice   Provides professional leadership within the     Provides authoritative advice internally and/ or    Provides leadership and guidance based on
                       on complex or cross discipline matters              area of specialisation                          to other agencies on sensitive and/ or complex      advanced legal expertise
                       Provides authoritative legal advice within the      The level of immediate supervision diminishes   legal issues                                        Identifies and advises on new and emerging
                       area of specialisation                              and advice is provided in an environment that   Provides authoritative written and oral advice      issues in the law and their longer term
                       Provides specialist legal expertise and advice to   is less prescribed                              on complex and challenging matters to               implications for the state
                       policy/practice development                                                                         stakeholders
                                                                                                                           Prepares and manages strategies for complex
                                                                                                                           legal proceedings
Legislative            Plans moderately complex and/ or sensitive          The level of immediate supervision diminishes   Drafts complex and/or sensitive legislation and     Provides professional leadership within the area
                       legislation and supporting                          and work is in an environment that is less      settle associated Parliamentary documentation       of expertise
Drafting               Drafts moderately complex and/ or sensitive         prescribed                                      Prepares and manages strategies for complex         Prepares and manages strategies for resolving
                       legislation                                                                                         matters including significant legislative change    complex matters including significant legislative
                       Provides advice on legislative proposals within                                                     Manages and leads legislation review projects       change
                       specified parameters                                                                                Provides authoritative advice on legislative
                       Prepares drafting instructions and supporting                                                       proposals
                       documentation for moderately complex and/ or                                                        Analyses complex instructions to prepare
                       sensitive legislation                                                                               proposals that incorporate stakeholder views
Legal Drafting         Prepares proposals for changes to the law and       Co-ordinates complex legal projects             Develops briefs on complex issues that provide      Develops proposals, conducts and implements
                       policy for consideration by managers                Works on legal drafting projects where the      definitive options                                  major legal reviews
                       Researches and prepares reports at an advanced      level of specification is less prescribed       Prepares public communication documents on
                       professional level                                                                                  contentious/sensitive legal matters
                       Prepares high-level written advice, proposals                                                       Formulate strategies to deal with highly
                       and briefings within the area of specialisation                                                     sensitive legal matters
                       Develops briefs on complex issues that provide                                                      Initiates legal research and analysis within the
                       options for discussion and consideration                                                            area of expertise

DEECD                                                                                                                                                                          Legal Grade & Value Range Descriptors
VPS Career Structure                                                                                                                                                                     Updated 14 September 2009

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Description: Legal Grade and Value Range Descriptors