DEFCM127A
Conduct a Defence administrative inquiry

This unit covers the competency required to conduct administrative inquiries under the inherent authority of commanders and under the Defence (Inquiry) Regulations.

Application

This unit has application to warrant officers and officers of the Australian Defence Force (ADF), and some civilian staff of the Australian Defence Organisation.

Staff may be appointed to conduct administrative inquiries to determine the facts and circumstances surrounding an incident or situation so that an informed decision may be taken about the action required including, where appropriate, action to avoid a recurrence.

The type of inquiry conducted will be dependent on the level of authority, rank or position.


Prerequisites

Not applicable.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare to conduct an inquiry

1.1 Appointment as inquiry officer is received from appointing authority and is acknowledged in accordance with organisational policies and procedures.

1.2 Inquiry circumstances are analysed and discussed, if necessary, with the appointing authority.

1.3 Independence is confirmed and acknowledged in accordance with organisational policy.

1.4 Appropriate Defence publications are referred to, to determine the appropriate course of action.

2. Plan an inquiry

2.1 Inquiry Terms of Reference are identified, analysed and clarified in accordance with organisational policies and procedures.

2.2 Inquiry plan is developed in accordance with organisational policies and procedures.

2.3 Advice is sought, where appropriate, in accordance with organisational policies and procedures.

3. Gather and analyse evidence

3.1 Evidence is identified and acquired in accordance with organisational policies and procedures.

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

3.3 Evidence is confirmed and analysed in accordance with organisational policies and procedures.

3.4 Progress reports are provided in accordance with the Terms of Reference and appointing authority requirements.

3.5 Inquiry is suspended (in the particular area) and appointing authority is notified when Defence Force Discipline Act (DFDA) offence or other notifiable incident is suspected, in accordance with organisational policies.

4. Present inquiry findings

4.1 Conclusions and recommendations are made on the basis of the analysis of the evidence.

4.2 Inquiry findings are presented in accordance with the Terms of Reference and appointing authority requirements.

Required Skills

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

Required Skills

analyse evidence

communicate ideas, arguments and conclusions logically

conduct interviews

interpret policies

prepare complex documents

undertake required tasks with objectivity and impartiality

use appropriate legal terminology

Required Knowledge

Defence (Inquiry) Regulations

inquiry processes

interview techniques

relevant Defence publications

relevant legislation

relevant organisational policies and procedures

scope of authority of an investigating officer undertaking an administrative inquiry

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:

identify the issues surrounding the inquiry

adhere to the Terms of Reference

analyse evidence to form conclusions and recommendations

Consistency in performance

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

Context of and specific resources for assessment

Context of assessment

Competency should be assessed in the workplace or in a simulated workplace environment conducting an inquiry.

Specific resources for assessment

Access is required to:

documentation and resources normally found in the work environment and required to allow the inquiry to be properly performed


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.

Inquiry may include:

CDF Commission/Board of inquiry

General court of inquiry

IG-ADF inquiry

Inquiry officer inquiry

Routine inquiry

Appointing authority may include:

commanders

commanding officers

Organisational policies and procedures may include:

conventions including those covered by:

ADFP 06.1.4

Defence Act, Naval Defence Act, Air Force Act

DFDA

Defence (Inquiry) Regulations

legislation

Independence may include:

confirming lack of bias or declaring bias

confirming lack of conflict of interest or declaring conflict of interest

Appropriate Defence publications may include:

Australian Defence Force Publication 06.1.4

Inquiry plan may include:

allegations

chronology of events

itinerary

list of evidence considered relevant

list of issues requiring resolution

list of preliminary questions for key witnesses

list of witnesses to be interviewed

Advice is sought from:

Complaint Resolution Agency

Defence Equity Organisation

Defence legal service legal officer

specialist personnel with experience relevant to the topic of investigation

Interviews may include:

advising witnesses of their rights and obligations

advising witnesses that no guarantee of confidentiality can be given and that disclosure may occur (but not in contravention of the privacy act)

applying fair hearing rules and no bias rule

producing written transcripts and inquiry officer notes

recording interviews by audio or visual means

Conclusions and recommendations only include those:

based on the evidence gathered

within the boundaries of the terms of reference

Inquiry findings may:

be in the form of a written report

have time constraints imposed


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.