Assessor Resource

DEFCM113C
Perform the duties of a defending officer

Assessment tool

Version 1.0
Issue Date: April 2024


This unit only applies to Defence members who may be selected to defend an accused service member at a service summary trial.

Where a person has been asked or directed to represent a defendant, he/she thereby acquires a duty to guard the defendant's interests by all honourable and legitimate means known to the law. If for personal or service reasons the person considers that he/she cannot defend the defendant effectively, he/she should inform the defendant and arrange for someone else to take on the case.

This unit covers the competency required to defend an accused service member at summary trials under the Defence Force Disciplinary Act (DFDA).

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Not applicable.

Employability Skills

This unit contains employability skills.

Pre-requisite Unit/s

Nil



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

Assessment must confirm the ability to:

present a case in accordance with Australian Defence Force policy and procedures.

Consistency in performance

Competency should be demonstrated in a range of situations that could be expected in the workplace.

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment.

Specific resources for assessment

There are no specific resource requirements for this unit.

Method of assessment

In a public safety environment assessment is usually conducted via direct observation in a training environment or in the workplace via subject matter supervision and/or mentoring, which is typically recorded in a competency workbook.

Assessment is completed using appropriately qualified assessors who select the most appropriate method of assessment.

Assessment may occur in an operational environment or in an industry-approved simulated work environment. Forms of assessment that are typically used include:

direct observation

interviewing the candidate

journals and workplace documentation

third party reports from supervisors

written or oral questions.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

Required Skills

communicate effectively in writing

communicate effectively orally (question, conduct briefings, respond to questioning, listen, reflect)

conduct interviews

display empathy and build rapport with colleagues and stakeholders

interpret body language

interpret charges

interpret relevant policies

make decisions

make sound judgements

manage work effectively

undertake research

Required Knowledge

Australian Defence Force (ADF) publications

charges and their proofs

Defence Force Discipline Rules (consequences of punishment)

Defence Instructions

evidence

jurisdiction

pleas in mitigation

procedures

punishments

reviews/petitions

Summary Authority Rules

witnesses

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.

Pre-trial documentation may include

Charge Sheet and Action Report Form

Conduct record

Copy of all evidence received from the prosecutor, such as:

investigating officer's reports

medical and other specialist reports

statutory declarations

witness statements

Pre-sentence report

Organisational policies may include

ADF publications

Defence Force Discipline Rules (consequences of punishment)

Defence Instructions

Summary Authority Rules

Developing the defencemay include

Anticipating objections

Determining evidence to prove defence

Determining whether there are insufficient facts that prove all elements of the offence to have prospects for an acquittal

Examining charges

Judging the weight of evidence against each element of a charge

Preparing applications

Preparing opening and closing remarks

Preparing questions for witnesses

Preparing witnesses:

selecting witnesses to be called and in what order

informing witnesses of rights and obligations, penalties for false evidence

briefing witnesses concerning procedures

Reliability and admissibility of evidence:

obtaining evidence legally

obtaining statements under a caution

determining which evidence forms a proof or part proof for elements of the charge

Reviewing evidence relevant to the offence

Presenting the defence may include

Assisting the accused with a response to any election

Calling witnesses

Different commanding officer

For legal representation

Giving opening and closing remarks

Handling objections

Making applications

Proving defences

Separate trial for each offence when charged with a number of offences

Separate trial for the member if charged with co-accused

Post-trial documentation may include

Charge Sheet and Action Report Form

Conduct record

Record of evidence

Outcome of proceedings may include

Debriefing accused concerning impact of acquittal, when acquitted

Debriefing convicted member concerning conviction and punishment, when convicted

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Accused is advised of his/her rights to application and objection in accordance with standard procedures 
Accused is advised of his/her legal options 
Pre-trial documentation is prepared and confirmed correct, in accordance with organisational policies 
Defence is developed in accordance with organisational policies 
Statement of agreed facts is prepared, in accordance with organisational policies 
Plea is communicated to prosecutor 
Case for the defence is presented in accordance with service discipline protocols, procedures and rules of evidence 
Evidence is admitted in accordance with organisational policies 
Examinations of witnesses are conducted in accordance with organisational policies 
Post-trial documentation is completed, in accordance with organisational policies 
Outcome of proceedings is explained to the member 
Convicted members are assisted with review mechanisms 

Forms

Assessment Cover Sheet

DEFCM113C - Perform the duties of a defending officer
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

DEFCM113C - Perform the duties of a defending officer

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: