ELEMENT

PERFORMANCE CRITERIA

1. Plan and prepare for the provision of support on service discipline

1.1 Circumstances that require the provision of high-level support on service discipline are identified.

1.2 Circumstances are analysed and discipline issues are interpreted and clearly defined.

2. Receive enquiry

2.1 Enquirer’s needs are identified, analysed and clarified.

2.2 Legal limits of own responsibility are clearly outlined to enquirer before any information is imparted.

2.3 Enquiries outside one’s area of responsibility are identified and assistance is sought or enquiry is referred on to a legal officer where appropriate.

3. Provide information in service discipline

3.1 Enquirer’s or event details and problem/s are recorded.

3.2 Information is relayed where available and appropriate.

3.3 Research is conducted within the scope of own responsibility.

4. Consult legal officer to resolve issues

4.1 Issues are communicated to legal officer and resolution/action is discussed.

4.2 Suggested action/resolution is carried out.

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

Required Skills

analyse information

communicate ideas logically

conduct research

identify and evaluate status of information

prepare legal documents

use appropriate legal terminology

Required Knowledge

applicable legal practices and procedures required in the full range of tasks covered

codes of practice, ethical standards

Defence Force Discipline Act (DFDA) and related legislation

legal limits of own responsibility

relevant legal process, legislation and sections, and stages involved in the legal process

relevant legal terminology

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

provide high level support on service discipline matters

analyse the circumstances surrounding the matter

conduct research

consult legal officers

provide information

while at all times complying with legislative requirements, policy and standards, and demonstrate an awareness of access, equity and diversity principles and practices.

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts.

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 is required to appropriate documentation and resources normally found in the work environment.

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.

Circumstances that require the provision of high-level support on service discipline law matters may include:

complaint

event arising that may disclose a service activity

incidents arising or related to Australian Defence Force (ADF) service

legal inquiry

non-legal inquiry

seeking information

seeking referral

Service discipline may include:

DFDA which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

state/territory and commonwealth law

Enquirer may include:

civilian employees of the Defence organisation

commanders

Defence civilians

disciplinary appointees, including officers, warrant officers, non commissioned officers (NCOs)

other members of the ADF

outside agencies

Identification, analysis and clarification may include:

accommodating any communication difficulties

clarification of request or problem by summarising and repeating summaries to ensure that information gathered is reflective of the information that the enquirer wishes to communicate

sensitivity to enquirer’s emotional/physical state, cultural and service background

and may include the requirement to communicate:

in writing

in person

verbally

via third party

electronically

Legal limits of own responsibility may include:

provision of legal advice by a person who is not a qualified legal officer as defined by the Legal Practice Act

relationship between the client and the Defence legal service (such as Privacy Act, secrecy laws, codes of practice, service requirements)

relevant state/territory/commonwealth legislation

Information may include:

areas of Defence Legal law/practice

charges and review process

correct contact in Defence Legal

disciplinary process

jurisdiction

punishments and orders

Resolution/action may include:

advising the enquirer after researching the appropriate information

not pursuing the matter

referring enquirer to another legal officer or practitioner

referring enquirer to supervisor or appropriate authority

referring enquirer to the appropriate government department

Suggested action/resolution is carried out may include:

alternative dispute resolution processes

documenting and filing communication

informing caller of resolution

notifying relevant department of enquiry

promptly contacting enquirer where appropriate

providing written or oral advice

recording contact on database