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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Advise the accused
  2. Prepare the defence
  3. Defend the accused
  4. Deal with post-trial requirements

Required Skills

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

reviewspetitions

Summary Authority Rules

witnesses

Evidence Required

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 andor 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 industryapproved 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


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.

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