Application
This unit describes the skills required to provide advice to subordinates on the procedural aspects and practical application of service administrative law as it relates to the Australian Defence Force (ADF). This is to assist supervisors in the following situations:
reviewing administrative sanctions
reviewing the Notice to Show Cause process
drafting a regress of grievance
listing common administrative law references
reviewing administrative law principles
outlining how administrative law processes apply to common ADF policies such as illicit drugs, equity and diversity, harassment and bullying, sexual harassment, alcohol abuse
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, 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 to provide advice on service administrative law | 1.1 Identify circumstances that require the provision of advice on service administrative law. 1.2 Analyse circumstances and conduct research within the scope of own responsibility. 1.3 Locate and interpret guidance in relevant administrative law organisational policy documents. |
2. Provide information on service administrative law | 2.1 Identify and explain policy references on common administrative law issues to subordinates. 2.2 Explain procedures on common administrative law issues and administrative law principles to subordinates. 2.3 Provide assistance to subordinates in preparing common administrative law documents. |
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 effectively orally
conducting briefings
responding to questioning
listening
reflecting
interpreting relevant policies
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 administrative policies and procedures for sanctions
ADF drug and alcohol policies
equity and diversity principles
origin and structure of the Defence administrative system
role, duties and powers of administrative decision makers
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