DEFCM128A
Make a Defence administrative decision

This unit covers the competency required to manage quick assessment (QA) inquiries and to make administrative decisions in accordance with administrative law, policies and procedures.In the context of this unit, administrative decisions are those that may adversely affect member's rights, interests and expectations and that are within the discretion of the commanding officer (CO) to make.

Application

This unit applies normally to Defence members who have been given command, either as an automatic consequence of appointment, or by an instrument of appointment, as a CO or as an administrative CO; in some circumstances it is by rank only, irrespective of the position held.


Prerequisites

Not applicable.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare for an administrative decision

1.1 Initial action is determined following an initiator.

1.2 Organisational policies and procedures are complied with.

1.3 Quick assessment is instigated.

1.4 Administrative sanction is initiated.

2. Make an administrative decision

2.1 Factors are considered.

2.2 Administrative decision is made in accordance with decision making criteria and policies.

2.3 Stakeholders are informed of the decision and its reasons.

2.4 Documentation is completed in accordance with organisational policies.

Required Skills

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

Required Skills

apply criteria and principles

communicate effectively in writing

communicate effectively orally

conduct interviews

interpret quick assessment and inquiry reports

interpret relevant policies

lead individuals and groups

make sound judgements

manage work effectively

undertake research

Required Knowledge

administrative sanctions

closed inquiry (not public and results given to appointing commanding officer only)

complaints and redress of grievance (ROG)

evidence

imposing authority

initiating authority

inquiry instigation

inquiry monitoring

inquiry planning

relevant Australian Defence Force (ADF) policies

QAs

recommendation implementation

reports

tracking

witnesses and potentially affected persons

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:

locate and interpret appropriate guidance in relevant documents

apply administrative decision making criteria to an ROG of sufficient complexity for which QA and routine inquiry reports are available

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.

Initial actions may include:

determining decision is not within power (jurisdiction) to make

determining whether the initiation has occurred within policy timeframes (for example, rog for termination notice is submitted within fourteen days of notice issue, without exception)

making a decision on a simple issue for which sufficient information has been supplied (resolution by the CO)

making further examination of the issue

offering alternative dispute resolution processes

referring the matter to adfis and/or service police

referring the matter to a superior authority

taking no further action

Initiator may include:

complaint or ROG being made

incident occurring (for instance, an accident)

request being made

request for a review of a previous decision

request for a decision as an imposing authority is received from an initiating authority

Organisational policies may include:

ADF publications

Defence Instructions

Instigating a QA may include:

confirming issue is connected with the scope of the CO’s command

determining need for a QA

selecting and briefing a QA officer

monitoring timeliness of assessment

considering next action upon receipt of QA brief

Initiating administrative sanctions may include:

issuing a Notice to Show Cause as the initiating authority

gathering evidence

gathering specialist and required reports

gathering statement of reasons from member

considering response in determining next action

monitoring timeliness of process

referring collated material to an imposing authority for a decision

Factors may include:

considering inquiry reports:

confirming terms of reference are satisfied and scope is not exceeded

confirming evidence supports the findings

accepting or rejecting the findings

evidence/facts provided in performance appraisal reports, records of conversation, other official documentation

matters raised in the member’s response

policy relied upon

recommendations from subordinates/superiors

specialist advice (legal, psychological, medical)

Administrative decisions may include:

applying administrative sanctions as an imposing authority (from a request and submission from an initiating authority)

approval to live beyond 30 km from position

dealing with a complaint or ROG

eligibility for higher duties allowance

granting leave (such as short-term, carer, parental, maternity, compassionate, long service, leave without pay, leave with holiday pay)

imposing a formal warning

member with dependents (unaccompanied)

recognising Interdependent relationships

Decision making criteria may include:

applying policy but not inflexibly or without proper regard to the merits and circumstances of the matter

decision being reasonable

decision maker having the proper authority and jurisdiction (power)

decision maker not being biased (perceived and actual)

disregarding irrelevant factors while taking relevant considerations into account

making decision after a fair hearing

making decision while not under orders or dictation

sufficient evidence (balance of probabilities [briginshaw v briginshaw])

seeking legal advice where necessary


Sectors

Not applicable.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.