Assessor Resource

DEFLAW001
Provide advice on service discipline law

Assessment tool

Version 1.0
Issue Date: May 2024


This unit describes the skills required to provide advice to subordinates on the procedural aspects and practical application of service discipline law (SDL) as it relates to the Defence Force Discipline Act (DFDA) in the Australian Defence Force (ADF).

This unit applies to those working as members of the ADF.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit must have authority to act independently, have or will have responsibility for subordinates, and would work under the commander’s direction, while performing complex tasks in a broad range of contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

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


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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Plan and prepare for the provision of advice on service discipline law

1.1 Identify circumstances that require the provision of advice on service discipline law.

1.2 Analyse circumstances and conduct research within scope of own responsibility.

2. Provide information on service discipline law

2.1 Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal.

2.2 Explain privileges of witnesses.

2.3 Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member.

2.4 Explain procedures applying to offenders in custody to subordinates.

2.5 Explain professional standards to be applied in the administration of a summary proceeding to subordinates.

2.6 Explain post-tribunal procedures to subordinates.

2.7 Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused.

3. Demonstrate procedural aspects related to the administration of a service tribunal

3.1 Show subordinates how to prepare for proceedings including the preparation of personal statements.

3.2 Explain and demonstrate duties of a recorder to subordinates.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. The candidate must demonstrate evidence of performance of the following on at least one occasion.

communicating orally

conducting briefings

responding to questioning

listening

reflecting

undertaking research

providing advice that is relevant and appropriate to the circumstances

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

ADF judicial policies and procedures for service tribunals

application of DFDA to service members

composition and content of the Defence Law Manual (DLM) and other relevant law including offences under the DFDA and the principles

equity and diversity principles

nature and limits of Defence jurisdiction

origin and structure of the Defence legal system

role, duties and powers of a discipline officer

scales of punishment

service tribunal procedures and processes

Competency should be assessed in an actual workplace or in a simulated environment, with access to equipment and infrastructure appropriate to the outcome. Competency should be demonstrated over time to ensure the candidate is assessed across a variety of situations.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Plan and prepare for the provision of advice on service discipline law

1.1 Identify circumstances that require the provision of advice on service discipline law.

1.2 Analyse circumstances and conduct research within scope of own responsibility.

2. Provide information on service discipline law

2.1 Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal.

2.2 Explain privileges of witnesses.

2.3 Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member.

2.4 Explain procedures applying to offenders in custody to subordinates.

2.5 Explain professional standards to be applied in the administration of a summary proceeding to subordinates.

2.6 Explain post-tribunal procedures to subordinates.

2.7 Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused.

3. Demonstrate procedural aspects related to the administration of a service tribunal

3.1 Show subordinates how to prepare for proceedings including the preparation of personal statements.

3.2 Explain and demonstrate duties of a recorder to subordinates.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. The candidate must demonstrate evidence of performance of the following on at least one occasion.

communicating orally

conducting briefings

responding to questioning

listening

reflecting

undertaking research

providing advice that is relevant and appropriate to the circumstances

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

ADF judicial policies and procedures for service tribunals

application of DFDA to service members

composition and content of the Defence Law Manual (DLM) and other relevant law including offences under the DFDA and the principles

equity and diversity principles

nature and limits of Defence jurisdiction

origin and structure of the Defence legal system

role, duties and powers of a discipline officer

scales of punishment

service tribunal procedures and processes

Competency should be assessed in an actual workplace or in a simulated environment, with access to equipment and infrastructure appropriate to the outcome. Competency should be demonstrated over time to ensure the candidate is assessed across a variety of situations.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
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
Identify circumstances that require the provision of advice on service discipline law. 
Analyse circumstances and conduct research within scope of own responsibility. 
Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal. 
Explain privileges of witnesses. 
Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member. 
Explain procedures applying to offenders in custody to subordinates. 
Explain professional standards to be applied in the administration of a summary proceeding to subordinates. 
Explain post-tribunal procedures to subordinates. 
Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused. 
Show subordinates how to prepare for proceedings including the preparation of personal statements. 
Explain and demonstrate duties of a recorder to subordinates. 
Identify circumstances that require the provision of advice on service discipline law. 
Analyse circumstances and conduct research within scope of own responsibility. 
Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal. 
Explain privileges of witnesses. 
Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member. 
Explain procedures applying to offenders in custody to subordinates. 
Explain professional standards to be applied in the administration of a summary proceeding to subordinates. 
Explain post-tribunal procedures to subordinates. 
Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused. 
Show subordinates how to prepare for proceedings including the preparation of personal statements. 
Explain and demonstrate duties of a recorder to subordinates. 

Forms

Assessment Cover Sheet

DEFLAW001 - Provide advice on service discipline law
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

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Assessor name:

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Assessment Record Sheet

DEFLAW001 - Provide advice on service discipline law

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: