This competency was developed for Defence personnel.

Typically defending officers act independently using discretion and judgement, and taking responsibility for the quality of their outputs.

All activities are carried out in accordance with relevant organisational policies and procedures.

This unit covers the competency required to act in the defence of an accused person for the purposes of legal trials and hearings as required under the provisions of the Defence Force Discipline Act (DFDA).

It is designed to meet the level of responsibility of a senior supervisor in the Australian Defence Force (ADF).This unit covers the competency required to defend an accused service member at summary trials under the Defence Force Disciplinary Act (DFDA).

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. In a Defence context, this means that there is no civilian need to hold this unit in order to meet licensing, legislative, regulatory or certification requirements.

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

Not applicable.

This unit contains employability skills.

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 analyse and synthesise information. Consistency in performance Competency should be demonstrated over time 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 Access to facilities suitable for the conduct of hearings and to relevant personnel.

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)

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

communication skills (briefing, responding to questioning, listening, reflecting, establishing rapport, negotiation, conflict resolution) decision making and problem solving skills prepare statements and complete documentation

Required Knowledge

ADF judicial policies and procedures for service tribunals application of DFDA to service members composition and content of the DLM and other relevant law including offences under the DFDA and the rules of evidence Equity and diversity nature and limits of Defence jurisdiction Work health and safety (OH&S) origin and structure of the Defence legal system risk management role, duties and powers of a discipline officer scales of punishment service tribunal procedures and processes

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.
Standard procedures may include:	Defence Law Manual (DLM) Volumes 1 and 2 provisions of the Defence Act and the DFDA regulations, orders and instructions made under the Defence Act and DFDA standing operating procedures standing orders
Documentation may include:	financial statements opening and closing statements records of evidence statements regarding mitigating circumstances witness statements

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 and the case is prepared for the tribunal.
Pre trial documentation is prepared and dispatched in accordance with standard procedures.
Prosecution is advised of the accused plea.
Case for the defence is presented in accordance with service discipline protocols, procedures and rules of evidence.
Issues relating to the defence of the accused are effectively articulated to the service tribunal’s authority.
Witnesses are cross examined as required.
Feedback on outcomes of the tribunal is provided to the accused as required.
Documentation is finalised.

Assessment Cover Sheet

DEFCM130 - Perform the duties of a defending officer at service tribunals

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

DEFCM130 - Perform the duties of a defending officer at service tribunals

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: