DEFCM131
Perform the duties of a prosecuting officer at service tribunals

This unit covers the competency required to prosecute an accused person for the purposes of legal trials and hearings as required under the provisions of the Defence Force Discipline Act (DFDA). It is designed to meet the level of responsibility of a senior supervisor in the Australian Defence Force (ADF).This unit covers the competency required to prosecute an accused service member at summary trials under the Defence Force Disciplinary Act (DFDA). No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. In a Defence context, this means that there is no civilian need to hold this unit in order to meet licensing, legislative, regulatory or certification requirements.applicable.

Application

This competency was developed for Defence personnel.

Typically prosecuting officers act independently using discretion and judgement, and taking responsibility for the quality of their outputs.

All activities are carried out in accordance with relevant organisational policies and procedures.

Prerequisites

Not applicable.

Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare the prosecution’s case

1.1 Accused is advised of the charges preferred against him/her in accordance with standard procedures.

1.2 Prosecution’s case is researched and prepared for the tribunal.

1.3 Pre trial documentation is prepared and dispatched in accordance with standard procedures.

2. Present the prosecution’s case at a service tribunal

2.1 Prosecution’s case is presented in accordance with service discipline protocols, procedures and rules of evidence.

2.2 Issues relating to the prosecution of the accused are effectively communicated to the service tribunal’s authority.

2.3 Witnesses and accused are cross examined as required.

3. Finalise the case

3.1 Feedback on outcomes of the tribunal is provided to the relevant authorities.

3.2 Documentation is finalised.

Required Skills

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

Required Skills

communication skills (briefing, responding to questioning, listening, reflecting, establishing rapport, negotiation, conflict resolution)

decision making and problem solving skills

prepare statements and complete documentation

Required Knowledge

ADF judicial policies and procedures for service tribunals

application of DFDA to service members

composition and content of the DLM and other relevant law including offences under the DFDA and the rules of evidence Equity and diversity

nature and limits of Defence jurisdiction

Work health and safety (OH&S)

origin and structure of the Defence legal system

risk management

role, duties and powers of a discipline officer

scales of punishment

service tribunal procedures and processes

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 analyse and synthesise information.

Consistency in performance

Competency should be demonstrated over time 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

Access to facilities suitable for the conduct of hearings and to relevant personnel.

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.

Standard procedures may include:

Defence Law Manual (DLM) Volumes 1 and 2

provisions of the Defence Act and the DFDA

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

standing operating procedures

standing orders

Documentation may include:

financial statements

opening and closing statements

records of evidence

statements regarding mitigating circumstances

witness statements

Sectors

Not applicable.

Employability Skills

This unit contains employability skills.

Licensing Information

Not applicable.