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

DEFLAW115 Mapping and Delivery Guide
Apply service discipline law

Version 1.0
Issue Date: March 2024


Qualification -
Unit of Competency DEFLAW115 - Apply service discipline law
Description
Employability Skills
Learning Outcomes and Application This unit specifies the skills and knowledge required to apply service discipline and the provisions of the Defence Force Discipline Act (DFDA).It includes providing advice about service discipline law and performing the duties of a relevant officer. It also includes arresting members of the Australian Defence Force (ADF) who have committed an offence.This unit is designed to meet the level of responsibility of a supervisor in the ADF but not the duties of a prosecutor or Defence Force defending officer.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.Typically, persons undertaking this unit work independently or as part of a team under direct and/or indirect supervision, use discretion and judgement, and take responsibility for the quality of their outputs.No licensing, legislative or certification requirements apply to this unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

As a minimum, assessors must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment.

As a minimum, assessment must satisfy applicable regulatory requirements, which include requirements in the Standards for Registered Training Organisations current at the time of assessment.

Assessment must occur in workplace operational situations where it is appropriate to do so; where this is not appropriate, assessment must occur in simulated workplace operational situations that replicate workplace conditions.

Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate.

Resources for assessment must include access to:

a range of relevant exercises, case studies and/or other simulations

relevant and appropriate materials, tools and equipment currently used in industry

applicable documentation including organisational procedures, regulations, codes of practice and operation manuals.

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: 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
       
Element: 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
       
Element: 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
       


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.

1

Provide advice on service discipline law

1.1

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

1.2

Explain privileges of witnesses in accordance with common law privilege against self-incrimination

1.3

Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member

1.4

Explain procedures applying to offenders in custody to subordinates in accordance with legal requirements

1.5

Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates

1.6

Explain post-tribunal procedures to subordinates in accordance with organisational procedures

1.7

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

1.8

Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines

1.9

Explain and demonstrate duties of a recorder to subordinates to meet task requirements

2

Perform the duties of a relevant officer

2.1

Administer documentation to the defendant in accordance with organisational procedures

2.2

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

3.1

Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures

3.2

Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements

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.

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.


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.

1

Provide advice on service discipline law

1.1

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

1.2

Explain privileges of witnesses in accordance with common law privilege against self-incrimination

1.3

Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member

1.4

Explain procedures applying to offenders in custody to subordinates in accordance with legal requirements

1.5

Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates

1.6

Explain post-tribunal procedures to subordinates in accordance with organisational procedures

1.7

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

1.8

Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines

1.9

Explain and demonstrate duties of a recorder to subordinates to meet task requirements

2

Perform the duties of a relevant officer

2.1

Administer documentation to the defendant in accordance with organisational procedures

2.2

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

3.1

Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures

3.2

Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements

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.

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
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 
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 
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 

Forms

Assessment Cover Sheet

DEFLAW115 - Apply service discipline law
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

DEFLAW115 - Apply service discipline law

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: