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Elements and Performance Criteria

Plan and prepare for the provision of advice on service discipline and criminal law
- Circumstances that require the provision of advice on service discipline and criminal law are identified in accordance with legal practices and procedures
- Circumstances are analysed and the discipline issues are interpreted and clearly defined
Receive enquiry
Provide information in service discipline and criminal law
Consult legal officer to resolve issues
- Issues are communicated to legal officer and resolution/action is discussed in accordance with legal practices and procedures
- Suggested action/resolution is carried out in accordance with legal practices and procedures

Required Skills

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

Required Skills

analyse information

apply complex legal procedures

apply legal practices and procedures

communicate ideas arguments and conclusions logically

conduct research

identify and evaluate status of information

prepare complex legal documents

use appropriate legal terminology

Required Knowledge

applicable legal practices and procedures required in the full range of tasks covered

codes of practice ethical standards

DFDA and related legislation

legal limits of own responsibility

legal terminology

legal terminology specific to service discipline and criminal law

relevant legal process legislation and sections and stages involved in the legal process

Evidence Required

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to identify the issues surrounding the provision of advice on service discipline and criminal law matters and to research and analyse information relating to these issues to provide advice and information within the legal limits of own responsibility to comply with professional codes of practice and ethical standards at all times and to implement access equity and diversity principles and practices

Consistency in performance

Competency should be demonstrated providing a range of advice and information over time

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment providing a range of advice and information that could be expected in the workplace

Specific resources for assessment

Access to appropriate documentation and resources normally found in the work environment and required for the job or task to be properly performed

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.
Service discipline and criminal law may include	Defence Force Discipline Act (DFDA) which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act State criminal law including the following: Criminal Codes (Queensland, WA) Criminal Code (Tasmania) Crimes Act 1900 (NSW & ACT) Crimes Act 1958 (Victoria) Criminal Law Consolidation Act 1935 (SA) Common Law for NSW, Victoria and SA
Circumstances that require the provision of advice on service discipline and criminal law may include	Complaint Events arising that may disclose a service offence Legal inquiry Non-legal inquiry Seeking information Seeking referral Someone seeking disclosable information
Legal practices and procedures may include	Emergency procedures Handling contingencies Information sources Information specific to the defence legal service Interviewing process Protocol for accommodating special client needs e.g. case manager, social worker, parole officer, translator, interpreter, service requirement Protocol for handling enquiries Providing disclaimers Recording information Security/confidentiality/privacy procedures Telephone protocol Verifying and authorising information
Enquirer may include	Commanders Civilian employees of the defence organisation Defence civilians Disciplinary appointees, including officers, warrant officers, non commissioned officers Other members of the Australian Defence Force (ADF) outside agencies
Identification, analysis and clarification of enquirer's needs may include	Accommodating any communication difficulties Clarification of request or problem by summarising and repeating summaries to ensure that information gathered is reflective of the information that the enquirer wishes to communicate And may include the requirement to communicate: in writing in person verbally via third party electronically Sensitivity to enquirer's emotional/physical state, cultural and service background
Legal limits of own responsibility may include those covered by	Client and the Defence legal service (e.g. Privacy Act, secrecy laws, ethical practices, codes of practice) Provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act Relevant state/territory/commonwealth legislation
Information may include	Areas of the Defence legal service law/practice Charges and review process Correct contact in the Defence legal service Disciplinary process Jurisdiction Non-disciplinary process Punishments and orders
Non-disclosable information may include that covered by	Legally privileged information Organisationally classified or caveated information Relevant state/territory/commonwealth legislation
Resolution/action may include	Advising the enquirer after researching the appropriate information Not pursuing the matter Referring enquirer to another legal officer or practitioner Referring enquirer to supervisor or appropriate authority Referring enquirer to the appropriate government department
Carrying out resolution/action may include	Alternate dispute resolution processes Documenting and filing communication Informing caller of resolution Notifying relevant department of enquiry Promptly contacting enquirer where appropriate Providing written or oral advice Recording contact on database