DEFCM122A
Provide advice on service administrative law

This unit covers the competency required to provide advice to subordinates on the procedural aspects and practical application of service administrative law as it relates to the Australian Defence Force (ADF).While advisors will be under the commander's direction, they must have authority to act independently.

Application

This unit only applies to members of the ADF who have or will have responsibility for subordinates.

This is to assist supervisors in the following situations:

reviewing administrative sanctions

reviewing the Notice to Show Cause process

drafting a regress of grievance

listing common administrative law references

reviewing administrative law principles

outlining how administrative law processes apply to common ADF policies such as illicit drugs, equity and diversity, harassment and bullying, sexual harassment, alcohol abuse


Prerequisites

Not applicable.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Plan and prepare to provide advice on service administrative law

1.1 Circumstances that require the provision of advice on service administrative law are identified in accordance with organisational policies.

1.2 Circumstances are analysed and research is conducted within the scope of own responsibility.

1.3 Appropriate guidance is located in relevant administrative law organisational policy documents and is interpreted.

2. Provide information on service administrative law

2.1 Policy references on common administrative law issues are identified and explained to subordinates in accordance with organisational policies.

2.2 Procedures on common administrative law issues are explained to subordinates in accordance with organisational policies.

2.3 Administrative law principles are explained to subordinates.

2.4 Assistance is provided to subordinates in preparing common administrative law documents.

Required Skills

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

Required Skills

communicate effectively orally (conduct briefings, respond to questioning, listen, reflect)

interpret relevant policies

undertake research

Required Knowledge

ADF administrative policies and procedures for sanctions

ADF drug and alcohol policies

equity and diversity

work health and safety

origin and structure of the Defence administrative system

risk management

role, duties and powers of administrative decision makers

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

Assessment must confirm the ability to:

provide advice that is relevant and appropriate to the circumstances

Consistency in performance

Competency should be demonstrated in a range of situations that could be expected in the workplace.

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

There are no specific resource requirements for this unit.


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.

Circumstances may include:

consequence of an administrative notice/determination

periodic information briefings

sanctions

seeking information

seeking referral

Organisational policies may include:

regulations, orders and instructions made under the Defence Act

standing operating procedures

standing orders


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.