Application
This unit describes the skills required to act in the defence of an accused person for the purposes of legal trials and hearings as required under the provisions of the Defence Force Discipline Act (DFDA).
This unit applies to those defending an accused service member at summary trials under the Defence Force Disciplinary Act (DFDA).
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 autonomously, while performing sophisticated tasks in a broad range of contexts, using discretion and judgement, and taking responsibility for the quality of their outputs.
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. Prepare for the case | 1.1 Advise the accused of his/her rights to application and objection and of his/her legal options. 1.2 Prepare the case for the tribunal. 1.3 Prepare and dispatch pre-trial documentation. 1.4 Advise prosecution of the accused plea. |
2. Defend the accused | 2.1 Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence. 2.2 Articulate issues relating to the defence of the accused to the service tribunal’s authority. 2.3 Cross-examine witnesses as required. |
3. Finalise the case | 3.1 Provide feedback on outcomes of the tribunal to the accused as required. 3.2 Finalise documentation. |
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.
briefing
responding to questioning
listening
reflecting
establishing rapport
negotiating
resolving conflicts
preparing statements and completing documentation
analysing and synthesising information
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 rules of evidence, equity and diversity
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