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Elements and Performance Criteria

  1. Plan and prepare for the provision of support in service discipline law
  2. Prepare and process documents involved in service discipline law matters
  3. Perform research to support instructing legal officer
  4. Conduct administration after matter as required

Required Skills

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

Required Skills

collate and review information

communicate ideas arguments and conclusions logically

follow legal procedures

follow written and oral instructions with regards to preparation of briefs

prepare legal documents

use appropriate legal terminology

Required Knowledge

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

Defence Force Discipline Act DFDA and related legislation

relationship between the different trialstribunals

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

relevant legal terminology

service discipline proceedings

summary hearingcourttribunal process

Evidence Required

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

Assessment must confirm the ability to

analyse information

prepare documents in service discipline law matters

research case histories

assist the instructing legal officer to prepare for trials and service discipline proceedings

The candidate must at all times comply with legislative requirements policy and standards and demonstrate an awareness of access equity and diversity principles and practices

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts

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 is required to appropriate documentation and resources normally found in the work environment

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.

Instructions may include:

charge sheet

conduct record

documentary material, exhibits and evidence

oral or written correspondence, including from the command structure, commanding officer or an individual

record of evidence

record of prior convictions

summary of matter

witness statements

Service discipline law may include:

Common Law for NSW, Victoria and SA

DFDA which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

Legal practices and procedures may include:

engaging/referral to experts

extent of legal assistance available

practice notes

protocol for accommodating specific client needs such as case manager, social worker, parole officer

protocol for contacting clients such as translator, interpreter

recording information

security/confidentiality/privacy procedures

verifying and authorising information

Trials and service discipline proceedings may include:

general courts martial

magistrates/local trials

restricted courts martial

summary hearings (subordinate, commanding officer, superior)