Assessor Resource

DEFLAW011
Perform the duties of a defending officer at service tribunals

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills 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).

This unit applies to those defending an accused service member at summary trials under the Defence Force Disciplinary Act (DFDA).

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 would work autonomously, while performing sophisticated tasks in a broad range of contexts, using discretion and judgement, and taking responsibility for the quality of their outputs.

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. Prepare for the case

1.1 Advise the accused of his/her rights to application and objection and of his/her legal options.

1.2 Prepare the case for the tribunal.

1.3 Prepare and dispatch pre-trial documentation.

1.4 Advise prosecution of the accused plea.

2. Defend the accused

2.1 Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.

2.2 Articulate issues relating to the defence of the accused to the service tribunal’s authority.

2.3 Cross-examine witnesses as required.

3. Finalise the case

3.1 Provide feedback on outcomes of the tribunal to the accused as required.

3.2 Finalise documentation.

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.

briefing

responding to questioning

listening

reflecting

establishing rapport

negotiating

resolving conflicts

preparing statements and completing documentation

analysing and synthesising information

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 rules of evidence, equity and diversity

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. Prepare for the case

1.1 Advise the accused of his/her rights to application and objection and of his/her legal options.

1.2 Prepare the case for the tribunal.

1.3 Prepare and dispatch pre-trial documentation.

1.4 Advise prosecution of the accused plea.

2. Defend the accused

2.1 Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.

2.2 Articulate issues relating to the defence of the accused to the service tribunal’s authority.

2.3 Cross-examine witnesses as required.

3. Finalise the case

3.1 Provide feedback on outcomes of the tribunal to the accused as required.

3.2 Finalise documentation.

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.

briefing

responding to questioning

listening

reflecting

establishing rapport

negotiating

resolving conflicts

preparing statements and completing documentation

analysing and synthesising information

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 rules of evidence, equity and diversity

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
Advise the accused of his/her rights to application and objection and of his/her legal options. 
Prepare the case for the tribunal. 
Prepare and dispatch pre-trial documentation. 
Advise prosecution of the accused plea. 
Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence. 
Articulate issues relating to the defence of the accused to the service tribunal’s authority. 
Cross-examine witnesses as required. 
Provide feedback on outcomes of the tribunal to the accused as required. 
Finalise documentation. 
Advise the accused of his/her rights to application and objection and of his/her legal options. 
Prepare the case for the tribunal. 
Prepare and dispatch pre-trial documentation. 
Advise prosecution of the accused plea. 
Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence. 
Articulate issues relating to the defence of the accused to the service tribunal’s authority. 
Cross-examine witnesses as required. 
Provide feedback on outcomes of the tribunal to the accused as required. 
Finalise documentation. 

Forms

Assessment Cover Sheet

DEFLAW011 - 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

DEFLAW011 - 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: