DEFCM124A
Conduct a unit level investigation and prefer charges

This unit covers the competency required to perform the duty of an investigating officer and to prefer charges in accordance with the Defence Force Discipline Act (DFDA).

Application

This unit only applies to members of the Australian Defence Force.

The unit is relevant for investigating officers who operate within and prefer charges in accordance with the DFDA.

This unit does not result in a Defence Investigative Authority (DIA) - Investigator qualification.

If doubt exists concerning the authority or complexity to investigate a service offence than the 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.


Prerequisites

Not applicable.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare for the investigation

1.1 Tasking as investigating officer is received and acknowledged in accordance with organisational policies.

1.2 Independence is confirmed and acknowledged in accordance with organisational policies.

1.3 Investigation plan is developed.

2. Collect and analyse information relevant to the investigation

2.1 Information sought is relevant to the Defence issue and is collected in accordance with organisationalpolicies and procedures.

2.2 Evidence collected and recorded is complete and accurate in accordance with organisational policies and procedures.

2.3 Decision to search is made and conducted within lawful authority and in accordance with organisational policies and procedures.

3. Conduct the interview

3.1 Statements and interviews relevant to the matter being investigated are sought.

3.2 Comprehensive statements are taken and contain all details relevant to the investigation in accordance with organisational policies and procedures.

3.3 Interviewees are afforded their legal rights and treated fairly and equitably.

3.4 Interviews are conducted in accordance with organisational policies and procedures.

3.5 Documentation is prepared and submitted as required by organisational policies and procedures.

4. Prefer charges

4.1 Evidence is assessed against the proofs of the charge and a prima facie case is established.

4.2 Charge is preferred in accordance with organisational policies and procedures.

4.3 Charge sheet is produced.

Required Skills

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

Required Skills

communicate effectively in writing

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

display empathy and build rapport with colleagues and stakeholders

interpret policies and instructions

make decisions

show sound judgement

undertake research

Required Knowledge

charging under the DFDA

discipline law and administrative law policy documents

discipline officer scheme

interview techniques

relevant policies and procedures

relevant legislation

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.

Independence may include:

confirming lack of bias or declaring bias

confirming lack of conflict of interest or declaring conflict of interest

Investigation plan includes:

identifying avenues of inquiry

identifying conduct or allegation

identifying the framework (applicable law and policies)

investigation powers and limitations

Organisational policies and procedures may include:

Defence Law Manual

Provisions of the Defence Act and the DFDA

Regulations, orders and instructions made under the Defence Act and DFDA

Standing Operating Procedures

Standing Orders

Search may include:

buildings

personal effects

persons

vehicles

vessels

Statements and interviews may include:

audio tape recorders

hand-written and electronically based proforma and reporting styles

Comprehensive statements include:

all relevant information

all details which may assist the investigation

written format that complies with legal requirements for statements

Legal rights may include:

caution

legal representation

notification of family/friends

silence

Interviews may be conducted at:

hospitals

police stations

other agreed locations in accordance with organisational policy


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.