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Elements and Performance Criteria

1. Prepare the prosecution’s case
   • Accused is advised of the charges preferred against him/her in accordance with standard procedures.
   • Prosecution’s case is researched and prepared for the tribunal.
   • Pre trial documentation is prepared and dispatched in accordance with standard procedures.
2. Present the prosecution’s case at a service tribunal
   • Prosecution’s case is presented in accordance with service discipline protocols, procedures and rules of evidence.
   • Issues relating to the prosecution of the accused are effectively communicated to the service tribunal’s authority.
   • Witnesses and accused are cross examined as required.
3. Finalise the case
   • Feedback on outcomes of the tribunal is provided to the relevant authorities.
   • Documentation is finalised.

Required Skills

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

Required Skills

communication skills briefing responding to questioning listening reflecting establishing rapport negotiation conflict resolution decision making and problem solving skills prepare statements and complete documentation

Required Knowledge

ADF judicial policies and procedures for service tribunals application of DFDA to service members composition and content of the DLM and other relevant law including offences under the DFDA and the rules of evidence Equity and diversity nature and limits of Defence jurisdiction Work health and safety OHampS 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 analyse and synthesise information 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 Specific resources for assessment Access to facilities suitable for the conduct of hearings and to relevant personnel

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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.
Standard procedures may include:	Defence Law Manual (DLM) Volumes 1 and 2 provisions of the Defence Act and the DFDA regulations, orders and instructions made under the Defence Act and DFDA standing operating procedures standing orders
Documentation may include:	financial statements opening and closing statements records of evidence statements regarding mitigating circumstances witness statements

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