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Elements and Performance Criteria

1. Provide advice on service discipline law
   • Identify and interpret 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 in accordance with common law privilege against self-incrimination
   • 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 in accordance with legal requirements
   • Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates
   • Explain post-tribunal procedures to subordinates in accordance with organisational procedures
   • Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements, punishments available to a discipline officer and the rights of an accused
   • Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines
   • Explain and demonstrate duties of a recorder to subordinates to meet task requirements
2. Perform the duties of a relevant officer
   • Administer documentation to the defendant in accordance with organisational procedures
   • Provide advice on the outcome of sub-unit disciplinary matters to the defendant in accordance with legal guidelines
3. Arrest members of the ADF who commit an offence/s
   • Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures
   • Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements

Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment. Non-essential conditions may be found in the Companion Volume Implementation Guide.

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Performance Evidence

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and include: advising subordinates including: during summary proceedings when being charged when being questioned applying relevant organisational policies and procedures applying safety, legislative and statutory requirements relevant to the risk assessment arresting members of the Australian Defence Force (ADF) who commit an offence/s applying communication skills including: briefing responding to questioning listening reflecting establishing rapport negotiation conflict resolution applying decisionmaking and problemsolving skills identifying, interpreting and analysing risk assessment requirements relevant to applying service discipline law performing the duties of a relevant officer preparing statements and completing documentation providing advice on service discipline law.

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Knowledge Evidence

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of: ADF judicial policies and procedures for service tribunals application of Defence Force Discipline Act (DFDA) to service members composition and content of the Defence Law Manual (DLM) and other relevant law including offences under the DFDA and the rules of evidence legal rights must include: arrest common law privilege against self-incrimination custody procedures for summons nature and limits of Defence jurisdiction necessary force as defined in organisational policies and procedures organisational procedures applying to offenders in custody origin and structure of the Defence legal system professional standards records management and required documentation relevant organisational policies and procedures risk management organisational procedures role, duties and powers of a discipline officer and relevant officer scales of punishment service tribunal procedures and processes.

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