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Elements and Performance Criteria

1. Plan and prepare for the provision of advice on service discipline law
   • Identify circumstances that require the provision of advice on service discipline law.
   • Analyse circumstances and conduct research within scope of own responsibility.
2. Provide information on service discipline law
   • Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal.
   • Explain privileges of witnesses.
   • Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member.
   • Explain procedures applying to offenders in custody to subordinates.
   • Explain professional standards to be applied in the administration of a summary proceeding to subordinates.
   • Explain post-tribunal procedures to subordinates.
   • Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused.
3. Demonstrate procedural aspects related to the administration of a service tribunal
   • Show subordinates how to prepare for proceedings including the preparation of personal statements.
   • Explain and demonstrate duties of a recorder to subordinates.
4. Plan and prepare for the provision of advice on service discipline law
   • Identify circumstances that require the provision of advice on service discipline law.
   • Analyse circumstances and conduct research within scope of own responsibility.
5. Provide information on service discipline law
   • Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal.
   • Explain privileges of witnesses.
   • Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member.
   • Explain procedures applying to offenders in custody to subordinates.
   • Explain professional standards to be applied in the administration of a summary proceeding to subordinates.
   • Explain post-tribunal procedures to subordinates.
   • Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused.
6. Demonstrate procedural aspects related to the administration of a service tribunal
   • Show subordinates how to prepare for proceedings including the preparation of personal statements.
   • Explain and demonstrate duties of a recorder to subordinates.

Performance Evidence

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.

communicating orally

conducting briefings

responding to questioning

listening

reflecting

undertaking research

providing advice that is relevant and appropriate to the circumstances

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Knowledge Evidence

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 principles

equity and diversity principles

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

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