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Evidence Guide: DEFCM116C - Provide advice on 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

 

DEFCM116C - Provide advice on service discipline law

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

Plan and prepare for the provision of advice on service discipline law

  1. Circumstances that require the provision of advice on service discipline law are identified in accordance with standard procedures.
  2. Circumstances are analysed and research is conducted within scope of own responsibility.
Circumstances that require the provision of advice on service discipline law are identified in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances are analysed and research is conducted within scope of own responsibility.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide information 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. Subordinates areadvised 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. Post-tribunal procedures are explained to subordinates as required.
  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.
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:

 

 

 

 

 

 

 

Subordinates areadvised 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:

 

 

 

 

 

 

 

Post-tribunal procedures are explained to subordinates as required.

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:

 

 

 

 

 

 

 

Demonstrate procedural aspects related to the administration of a service tribunal

  1. Subordinates are shown how to prepare for proceedings including the preparation of personal statements.
  2. Duties of a recorder are explained and demonstrated to subordinates as required.
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:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

Assessment must confirm the ability to:

to provide advice that is relevant and appropriate to the circumstances

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 conducting an inquiry.

Specific resources for assessment

There are no specific resource requirements for this unit.

Method of assessment

In a public safety environment assessment is usually conducted via direct observation in a training environment or in the workplace via subject matter supervision and/or mentoring, which is typically recorded in a competency workbook.

Assessment is completed using appropriately qualified assessors who select the most appropriate method of assessment.

Assessment may occur in an operational environment or in an industry-approved simulated work environment. Forms of assessment that are typically used include:

direct observation

interviewing the candidate

journals and workplace documentation

third party reports from supervisors

written or oral questions

Required Skills and Knowledge

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

Required Skills

communicate effectively orally (conduct briefings, respond to questioning, listen, reflect)

undertake research

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 principles

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.

Circumstances may include:

complaints

events arising that may disclose a service offence

periodic information briefings

seeking information

seeking referral

Standard procedures may include:

provisions of the Defence Act and the DFDA

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

standard operating procedure

standing orders

Subordinates are advised may include:

during summary proceedings

when being charged

when being questioned

Documentation may include:

investigating officer’s reports

medical and other specialist reports

statutory declarations

witness statements

Legal rights may include: procedures for

arrest

custody

summons

Procedures applying to offenders in custody may include:

appearance

bearing

code of ethics

confidence

dress standards

impartiality

integrity

language

respect for people and office held

Post-tribunal procedures may include:

appeal for review or redress

implementation of tribunal orders such as custody or for confiscation or destruction of property