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Elements and Performance Criteria

  1. Prepare for the conduct of an inquiry
  2. Plan the inquiry
  3. Gather and analyse evidence
  4. Present inquiry findings

Required Skills

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

Required Skills

analyse evidence

apply interview techniques

apply objectivity and impartiality

communicate ideas arguments and conclusions logically

interpret policies

prepare complex documents

use appropriate legal terminology

Required Knowledge

ADFP

Defence Inquiry Regulations

inquiry processes

relevant legislation

relevant policies and procedures

scope of authority of an investigating officer undertaking an administrative inquiry

Evidence Required

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

Assessment must confirm the ability to identify the issues surrounding the inquiry to adhere to the Terms of Reference and to analyse evidence to form conclusions and recommendations

Assessment must also confirm the ability to conduct interviews and elicit relevant information from witnesses

The inquiry officer must at all times comply with legislative requirements policy and standards and demonstrate an awareness of access equity and diversity principles and practices

Consistency in performance

Competency should be demonstrated in a range of actual or simulated inquiry contexts

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment conducting an inquiry

Specific resources for assessment

Access to appropriate documentation and resources normally found in the work environment and required to allow the inquiry to be properly performed

Range Statement

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.

An inquiry may include:

routine inquiry

Investigating Officer Inquiry under the Defence (Inquiry) Regulations

And have the same basic objectives:

to collect and assemble information and, in some cases, preserve documents and equipment

to establish facts known to be true and those that may be inferred from all the available information

to gather the best available information with the least possible delay

to make findings on the basis of the information collected

to make recommendations arising from the findings concerning remedial or other action, including administrative action or the initiation of a separate investigation by service or civil police

Organisational practices and procedures may include:

conventions including those covered by:

Defence Act, Naval Defence Act, Air Force Act

Defence Force Discipline Act (DFDA)

Defence (Inquiry) Regulations

ADFP 06.1.4

Legislation

policies

procedures

practices

standards

Appointing authority may include:

commanders

commanding officers

Inquiry plan may include:

allegations

an itinerary

chronology of events

list of evidence considered relevant

list of preliminary questions for key witnesses

list of issues requiring resolution

list of witnesses to be interviewed

Advice may be sought from

Complaint Resolution Agency

Defence Equity Organisation

Defence legal service legal officer

specialist personnel with experience relevant to the topic of investigation

Interviews may include:

advising witnesses of their rights and obligations

advising witnesses that no guarantee of confidentiality can be given and disclosure may occur (but not in contravention of the Privacy Act)

applying Fair Hearing Rules and No Bias Rule

producing written transcripts and inquiry officer notes

Recording interviews by audio or visual means

Conclusions and recommendations may include:

only those based on the evidence gathered

only those within the boundaries of the terms of reference

Inquiry findings may

be in the form of a written report

have time constraints imposed