Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

DEFLAW005 Mapping and Delivery Guide
Conduct a unit level investigation and prefer charges

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency DEFLAW005 - Conduct a unit level investigation and prefer charges
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills required to conduct investigation and to prefer charges in accordance with the Defence Force Discipline Act (DFDA) performing the duty of an investigating officer. This unit applies to those working as investigating officers who operate within the Australian Defence Force and prefer charges in accordance with the DFDA. The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.Those undertaking this unit would work under supervision, while performing complex tasks in a broad range of contexts. If doubt exists concerning the authority or complexity to investigate a service offence then the Defence Investigative Authority (DIA) is to be contacted for advice. The DIA may deem it appropriate to conduct the investigation or may refer back to the commanding officer to deal with the matter.No licensing, legislative or certification requirements apply to unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Competency should be assessed in an actual workplace or in a simulated environment, with access to equipment and infrastructure appropriate to the outcome. Competency should be demonstrated over time to ensure the candidate is assessed across a variety of situations.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Prerequisites/co-requisites
Competency Field Military Justice
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Prepare for the investigation
  • Receive and acknowledge tasking as investigating officer.
  • Confirm and acknowledge independence.
  • Develop investigation plan.
       
Element: Collect and analyse information relevant to the investigation
  • Seek and collect information relevant to the Defence issue.
  • Seek, collect and record complete and accurate evidence.
  • Take decision to search and conduct search within lawful authority.
       
Element: Conduct the interview
  • Seek and take statements.
  • Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.
  • Prepare and submit documentation.
       
Element: Prefer charges
  • Assess evidence against the proofs of the charge and establish a prima facie case.
  • Prefer charge.
  • Produce charge sheet.
       
Element: Prepare for the investigation
  • Receive and acknowledge tasking as investigating officer.
  • Confirm and acknowledge independence.
  • Develop investigation plan.
       
Element: Collect and analyse information relevant to the investigation
  • Seek and collect information relevant to the Defence issue.
  • Seek, collect and record complete and accurate evidence.
  • Take decision to search and conduct search within lawful authority.
       
Element: Conduct the interview
  • Seek and take statements.
  • Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.
  • Prepare and submit documentation.
       
Element: Prefer charges
  • Assess evidence against the proofs of the charge and establish a prima facie case.
  • Prefer charge.
  • Produce charge sheet.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Prepare for the investigation

1.1 Receive and acknowledge tasking as investigating officer.

1.2 Confirm and acknowledge independence.

1.3 Develop investigation plan.

2. Collect and analyse information relevant to the investigation

2.1 Seek and collect information relevant to the Defence issue.

2.2 Seek, collect and record complete and accurate evidence.

2.3 Take decision to search and conduct search within lawful authority.

3. Conduct the interview

3.1 Seek and take statements.

3.2 Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.

3.3 Prepare and submit documentation.

4. Prefer charges

4.1 Assess evidence against the proofs of the charge and establish a prima facie case.

4.2 Prefer charge.

4.3 Produce charge sheet.

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 in writing and orally

questioning and responding to questioning

conducting briefings

listening

displaying empathy and building rapport with colleagues and stakeholders

interpreting policies and instructions

making decisions

showing sound judgement

undertaking research

providing advice that is relevant and appropriate to the circumstances

developing an Investigation plan

identifying avenues of inquiry

identifying conduct or allegation

identifying the framework (applicable law and policies)

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.

charging under the DFDA

discipline law and administrative law policy documents

discipline officer scheme

interview techniques

relevant policies and procedures

relevant legislation

investigation powers and limitations

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Prepare for the investigation

1.1 Receive and acknowledge tasking as investigating officer.

1.2 Confirm and acknowledge independence.

1.3 Develop investigation plan.

2. Collect and analyse information relevant to the investigation

2.1 Seek and collect information relevant to the Defence issue.

2.2 Seek, collect and record complete and accurate evidence.

2.3 Take decision to search and conduct search within lawful authority.

3. Conduct the interview

3.1 Seek and take statements.

3.2 Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.

3.3 Prepare and submit documentation.

4. Prefer charges

4.1 Assess evidence against the proofs of the charge and establish a prima facie case.

4.2 Prefer charge.

4.3 Produce charge sheet.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Receive and acknowledge tasking as investigating officer. 
Confirm and acknowledge independence. 
Develop investigation plan. 
Seek and collect information relevant to the Defence issue. 
Seek, collect and record complete and accurate evidence. 
Take decision to search and conduct search within lawful authority. 
Seek and take statements. 
Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably. 
Prepare and submit documentation. 
Assess evidence against the proofs of the charge and establish a prima facie case. 
Prefer charge. 
Produce charge sheet. 
Receive and acknowledge tasking as investigating officer. 
Confirm and acknowledge independence. 
Develop investigation plan. 
Seek and collect information relevant to the Defence issue. 
Seek, collect and record complete and accurate evidence. 
Take decision to search and conduct search within lawful authority. 
Seek and take statements. 
Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably. 
Prepare and submit documentation. 
Assess evidence against the proofs of the charge and establish a prima facie case. 
Prefer charge. 
Produce charge sheet. 

Forms

Assessment Cover Sheet

DEFLAW005 - Conduct a unit level investigation and prefer charges
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

DEFLAW005 - Conduct a unit level investigation and prefer charges

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: