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Evidence Guide: DEFCM130 - Perform the duties of a defending officer at service tribunals

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

 

DEFCM130 - Perform the duties of a defending officer at service tribunals

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

Advise the accused

  1. Accused is advised of his/her rights to application and objection in accordance with standard procedures.
  2. Accused is advised of his/her legal options and the case is prepared for the tribunal.
  3. Pre trial documentation is prepared and dispatched in accordance with standard procedures.
  4. Prosecution is advised of the accused plea.
Accused is advised of his/her rights to application and objection in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Accused is advised of his/her legal options and the case is prepared for the tribunal.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Pre trial documentation is prepared and dispatched in accordance with standard procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prosecution is advised of the accused plea.

Completed
Date:

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Defend the accused at a service tribunal

  1. Case for the defence is presented in accordance with service discipline protocols, procedures and rules of evidence.
  2. Issues relating to the defence of the accused are effectively articulated to the service tribunal’s authority.
  3. Witnesses are cross examined as required.
Case for the defence is presented in accordance with service discipline protocols, procedures and rules of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Issues relating to the defence of the accused are effectively articulated to the service tribunal’s authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Witnesses are cross examined as required.

Completed
Date:

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Finalise the case

  1. Feedback on outcomes of the tribunal is provided to the accused as required.
  2. Documentation is finalised.
Feedback on outcomes of the tribunal is provided to the accused as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documentation is finalised.

Completed
Date:

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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 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

Access to facilities suitable for the conduct of hearings and to relevant personnel.

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 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 (OH&S)

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.

Standard procedures may include:

Defence Law Manual (DLM) Volumes 1 and 2

provisions of the Defence Act and the DFDA

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

standing operating procedures

standing orders

Documentation may include:

financial statements

opening and closing statements

records of evidence

statements regarding mitigating circumstances

witness statements