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Evidence Guide: DEFCM115B - Apply service discipline law

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

DEFCM115B - Apply service discipline law

What evidence can you provide to prove your understanding of each of the following citeria?

Provide advice on service discipline law

  1. Words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal are correctly identified as required.
  2. Privileges of witnesses are explained as required.
  3. Subordinatesare advised of the judicial process, documentation requirements and the legal rights of a service member.
  4. Procedures applying to offenders in custody are explained to subordinates as required.
  5. Professional standards to be applied in the administration of a summary proceedings are explained to subordinates as required.
  6. Posttribunal procedures are explained to subordinates as required in accordance with standard procedures.
  7. Subordinates are informed of the role and jurisdiction of a discipline officer, disciplinary infringements, punishments available to a discipline officer and the rights of an accused.
  8. Subordinates are shown how to prepare for proceedings including the preparation of personal statements.
  9. Duties of a recorder are explained and demonstrated to subordinates as required.
Words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal are correctly identified as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Privileges of witnesses are explained as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Subordinatesare advised of the judicial process, documentation requirements and the legal rights of a service member.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Procedures applying to offenders in custody are explained to subordinates as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Professional standards to be applied in the administration of a summary proceedings are explained to subordinates as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Posttribunal procedures are explained to subordinates as required in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Subordinates are informed of the role and jurisdiction of a discipline officer, disciplinary infringements, punishments available to a discipline officer and the rights of an accused.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Subordinates are shown how to prepare for proceedings including the preparation of personal statements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Duties of a recorder are explained and demonstrated to subordinates as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Perform the duties of a relevant officer

  1. Documentation is administered to the defendant in accordance with standard procedures.
  2. Advice on the outcome of subunit disciplinary matters is provided to the defendant in accordance with standard procedures.
Documentation is administered to the defendant in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advice on the outcome of subunit disciplinary matters is provided to the defendant in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Arrest members of the ADF who commit an offence/s

  1. Offenders are arrested without warrants, using the necessary force and are placed in custody in accordance with standard procedures.
  2. Rights of a person under arrest are protected in accordance with standard procedures.
Offenders are arrested without warrants, using the necessary force and are placed in custody in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Rights of a person under arrest are protected in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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

Assessment must confirm the ability to analyse and synthesise information.

Consistency in performance

Competency should be demonstrated over time in a range of situations that could be expected in the workplace.

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

There are no special resource requirements for this unit.

Required Skills and Knowledge

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

Required Skills

communication skills (briefing, responding to questioning, listening, reflecting, establishing rapport, negotiation, conflict resolution)

decision making and problem solving skills

prepare statements and complete documentation

Required Knowledge

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

Work health and safety (WHS)

origin and structure of the Defence legal system

risk management

role, duties and powers of a discipline officer

scales of punishment

service tribunal procedures and processes

Range Statement

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.

Subordinates are advised

during summary proceedings

when being charged

when being questioned

Documentation may include:

form numbers PD 103, 104, 105, 108

investigating officer’s reports

medical and other specialist reports

statutory declarations

witness statements

Legal rights include

arrest

custody

procedures for summons

Procedures applying to offenders in custody may include:

attendance checks

effect on pay

effects on the performance of duty

reporting conditions

rights of persons

Professional standards may include:

appearance

bearing

code of ethics

confidence

dress standard

impartiality

integrity

language

respect for people and office held

Standard procedures may include:

provisions of the Defence Act and the DFDA

regulations, orders and instructions made under the Defence Act and DFDA

Standing Operating Procedures

Standing Orders