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Evidence Guide: DEFLAW005 - Conduct a unit level investigation and prefer charges

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

 

DEFLAW005 - Conduct a unit level investigation and prefer charges

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

Prepare for the investigation

  1. Receive and acknowledge tasking as investigating officer.
  2. Confirm and acknowledge independence.
  3. Develop investigation plan.
Receive and acknowledge tasking as investigating officer.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm and acknowledge independence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Develop investigation plan.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Collect and analyse information relevant to the investigation

  1. Seek and collect information relevant to the Defence issue.
  2. Seek, collect and record complete and accurate evidence.
  3. Take decision to search and conduct search within lawful authority.
Seek and collect information relevant to the Defence issue.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek, collect and record complete and accurate evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Take decision to search and conduct search within lawful authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct the interview

  1. Seek and take statements.
  2. Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.
  3. Prepare and submit documentation.
Seek and take statements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and submit documentation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prefer charges

  1. Assess evidence against the proofs of the charge and establish a prima facie case.
  2. Prefer charge.
  3. Produce charge sheet.
Assess evidence against the proofs of the charge and establish a prima facie case.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prefer charge.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Produce charge sheet.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare for the investigation

  1. Receive and acknowledge tasking as investigating officer.
  2. Confirm and acknowledge independence.
  3. Develop investigation plan.
Receive and acknowledge tasking as investigating officer.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Confirm and acknowledge independence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Develop investigation plan.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Collect and analyse information relevant to the investigation

  1. Seek and collect information relevant to the Defence issue.
  2. Seek, collect and record complete and accurate evidence.
  3. Take decision to search and conduct search within lawful authority.
Seek and collect information relevant to the Defence issue.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek, collect and record complete and accurate evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Take decision to search and conduct search within lawful authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct the interview

  1. Seek and take statements.
  2. Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.
  3. Prepare and submit documentation.
Seek and take statements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and submit documentation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prefer charges

  1. Assess evidence against the proofs of the charge and establish a prima facie case.
  2. Prefer charge.
  3. Produce charge sheet.
Assess evidence against the proofs of the charge and establish a prima facie case.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prefer charge.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Produce charge sheet.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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 investigation

1.1 Receive and acknowledge tasking as investigating officer.

1.2 Confirm and acknowledge independence.

1.3 Develop investigation plan.

2. Collect and analyse information relevant to the investigation

2.1 Seek and collect information relevant to the Defence issue.

2.2 Seek, collect and record complete and accurate evidence.

2.3 Take decision to search and conduct search within lawful authority.

3. Conduct the interview

3.1 Seek and take statements.

3.2 Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.

3.3 Prepare and submit documentation.

4. Prefer charges

4.1 Assess evidence against the proofs of the charge and establish a prima facie case.

4.2 Prefer charge.

4.3 Produce charge sheet.

Required Skills and Knowledge

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 investigation

1.1 Receive and acknowledge tasking as investigating officer.

1.2 Confirm and acknowledge independence.

1.3 Develop investigation plan.

2. Collect and analyse information relevant to the investigation

2.1 Seek and collect information relevant to the Defence issue.

2.2 Seek, collect and record complete and accurate evidence.

2.3 Take decision to search and conduct search within lawful authority.

3. Conduct the interview

3.1 Seek and take statements.

3.2 Conduct interviews relevant to the matter being investigated ensuring interviewees are afforded their legal rights and treated fairly and equitably.

3.3 Prepare and submit documentation.

4. Prefer charges

4.1 Assess evidence against the proofs of the charge and establish a prima facie case.

4.2 Prefer charge.

4.3 Produce charge sheet.

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.

communicating in writing and orally

questioning and responding to questioning

conducting briefings

listening

displaying empathy and building rapport with colleagues and stakeholders

interpreting policies and instructions

making decisions

showing sound judgement

undertaking research

providing advice that is relevant and appropriate to the circumstances

developing an Investigation plan

identifying avenues of inquiry

identifying conduct or allegation

identifying the framework (applicable law and policies)

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.

charging under the DFDA

discipline law and administrative law policy documents

discipline officer scheme

interview techniques

relevant policies and procedures

relevant legislation

investigation powers and limitations