Application
This unit describes the skills required to provide advice to subordinates on the procedural aspects and practical application of service discipline law (SDL) as it relates to the Defence Force Discipline Act (DFDA) in the Australian Defence Force (ADF).
This unit applies to those working as members of the ADF.
The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.
Those undertaking this unit must have authority to act independently, have or will have responsibility for subordinates, and would work under the commander’s direction, while performing complex tasks in a broad range of contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
ELEMENTS | PERFORMANCE CRITERIA |
Elements describe the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section. |
1. Plan and prepare for the provision of advice on service discipline law | 1.1 Identify circumstances that require the provision of advice on service discipline law. 1.2 Analyse circumstances and conduct research within scope of own responsibility. |
2. Provide information on service discipline law | 2.1 Identify words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal. 2.2 Explain privileges of witnesses. 2.3 Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member. 2.4 Explain procedures applying to offenders in custody to subordinates. 2.5 Explain professional standards to be applied in the administration of a summary proceeding to subordinates. 2.6 Explain post-tribunal procedures to subordinates. 2.7 Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements and/or punishments available to a discipline officer and the rights of an accused. |
3. Demonstrate procedural aspects related to the administration of a service tribunal | 3.1 Show subordinates how to prepare for proceedings including the preparation of personal statements. 3.2 Explain and demonstrate duties of a recorder to subordinates. |
Evidence of Performance
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. The candidate must demonstrate evidence of performance of the following on at least one occasion.
communicating orally
conducting briefings
responding to questioning
listening
reflecting
undertaking research
providing advice that is relevant and appropriate to the circumstances
Evidence of Knowledge
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.
ADF judicial policies and procedures for service tribunals
application of DFDA to service members
composition and content of the Defence Law Manual (DLM) and other relevant law including offences under the DFDA and the principles
equity and diversity principles
nature and limits of Defence jurisdiction
origin and structure of the Defence legal system
role, duties and powers of a discipline officer
scales of punishment
service tribunal procedures and processes
Assessment Conditions
Competency should be assessed in an actual workplace or in a simulated environment, with access to equipment and infrastructure appropriate to the outcome. Competency should be demonstrated over time to ensure the candidate is assessed across a variety of situations.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
The foundation skills demands of this unit have been mapped for alignment with the Australian Core Skills Framework (ACSF). The following tables outline the performance levels indicated for successful attainment of the unit.
ACSF levels indicative of performance:
Further information on ACSF and the foundation skills underpinning this unit can be found in the Foundation Skills Guide on the GSA website.
Competency Field
Military Justice