DEFLAW008
Conduct a Defence administrative inquiry


Application

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

This unit applies to those working as warrant officers and officers of the Australian Defence Force (ADF), and some civilian staff of the Australian Defence Organisation.

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 would work under indirect supervision, while performing sophisticated tasks in a broad range of contexts. The type of inquiry conducted will be dependent on the level of authority, rank or position.

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.

1

Prepare to conduct an inquiry

1.1

Receive and acknowledge appointment as inquiry officer from appointing authority

1.2

Analyse and discuss inquiry circumstances if necessary, with the appointing authority

1.3

Confirm and acknowledge independence

1.4

Determine course of action by referring to the appropriate Defence publications

2

Plan an inquiry

2.1

Identify, analyse and clarify inquiry Terms of Reference

2.2

Develop an inquiry plan

2.3

Seek advice where appropriate

3

Gather and analyse evidence

3.1

Conduct interviews

3.2

Identify, acquire, confirm and analyse evidence

3.3

Provide progress reports in accordance with the Terms of Reference and appointing authority requirements

3.4

Suspend inquiry and notify appointing authority when Defence Force Discipline Act (DFDA) offence or other notifiable incident is suspected

4

Present inquiry findings

4.1

Draw conclusions and recommendations, based on the evidence gathered and within the boundaries of the Terms of Reference

4.2

Present inquiry findings in accordance with the Terms of Reference and appointing authority requirements

Evidence of Performance

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and includes:

analysing evidence to form conclusions and recommendations

communicating ideas, arguments and conclusions logically

conducting interviews

interpreting policies

preparing complex documents

identifying the issues surrounding the inquiry


Evidence of Knowledge

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of:

Defence (Inquiry) Regulations

inquiry processes

interview techniques

relevant Defence publications

relevant legislation, policies and procedures

scope of authority of an investigating officer undertaking an administrative inquiry


Assessment Conditions

Assessors must hold credentials specified within the Standards for Registered Training Organisations current at the time of assessment.

Assessment must satisfy the Principles of Assessment and Rules of Evidence and all regulatory requirements included within the Standards for Registered Training Organisations current at the time of assessment.

Assessment processes and techniques must be appropriate to the language, literacy and numeracy requirements of the work being performed and the needs of the candidate.

Assessment must occur in workplace operational situations. Where this is not appropriate, assessment must occur in simulated workplace operational situations that reflect workplace conditions.

Resources for assessment must include access to:

a range of relevant exercises, case studies and/or simulations

relevant materials, tools, equipment and personal protective equipment currently used in industry

applicable documentation, including workplace procedures, regulations, codes of practice and operation manuals

acceptable means of simulation assessment.


Foundation Skills

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.


Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment.

Non-essential conditions may be found in the Companion Volume Implementation Guide.


Sectors

Not applicable.


Competency Field

Military Justice