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Elements and Performance Criteria

  1. Plan and prepare for the provision of advice on service discipline law
  2. Provide information on service discipline law
  3. Demonstrate procedural aspects related to the administration of a service tribunal

Required Skills

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

Required Skills

communicate effectively orally conduct briefings respond to questioning listen reflect

undertake research

Required Knowledge

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

nature and limits of Defence jurisdiction

work health and safety WHS

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

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

to provide advice that is relevant and appropriate to the circumstances

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 conducting an inquiry

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.

Circumstances may include:

complaints

events arising that may disclose a service offence

periodic information briefings

seeking information

seeking referral

Standard procedures may include:

provisions of the Defence Act and the DFDA

regulations, orders and instructions made under the Defence Act and the DFDA

standard operating procedure

standing orders

Subordinates are advised may include:

during summary proceedings

when being charged

when being questioned

Documentation may include:

investigating officer’s reports

medical and other specialist reports

statutory declarations

witness statements

Legal rights may include: procedures for

arrest

custody

summons

Procedures applying to offenders in custody may include:

appearance

bearing

code of ethics

confidence

dress standards

impartiality

integrity

language

respect for people and office held

Post-tribunal procedures may include:

appeal for review or redress

implementation of tribunal orders such as custody or for confiscation or destruction of property