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Evidence Guide: DEFLAW011 - 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

 

DEFLAW011 - 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?

Prepare for the case

  1. Advise the accused of his/her rights to application and objection and of his/her legal options.
  2. Prepare the case for the tribunal.
  3. Prepare and dispatch pre-trial documentation.
  4. Advise prosecution of the accused plea.
Advise the accused of his/her rights to application and objection and of his/her legal options.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare the case for the tribunal.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and dispatch pre-trial documentation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advise prosecution of the accused plea.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Defend the accused

  1. Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.
  2. Articulate issues relating to the defence of the accused to the service tribunal’s authority.
  3. Cross-examine witnesses as required.
Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Articulate issues relating to the defence of the accused to the service tribunal’s authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Cross-examine witnesses as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Finalise the case

  1. Provide feedback on outcomes of the tribunal to the accused as required.
  2. Finalise documentation.
Provide feedback on outcomes of the tribunal to the accused as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Finalise documentation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare for the case

  1. Advise the accused of his/her rights to application and objection and of his/her legal options.
  2. Prepare the case for the tribunal.
  3. Prepare and dispatch pre-trial documentation.
  4. Advise prosecution of the accused plea.
Advise the accused of his/her rights to application and objection and of his/her legal options.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare the case for the tribunal.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and dispatch pre-trial documentation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advise prosecution of the accused plea.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Defend the accused

  1. Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.
  2. Articulate issues relating to the defence of the accused to the service tribunal’s authority.
  3. Cross-examine witnesses as required.
Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Articulate issues relating to the defence of the accused to the service tribunal’s authority.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Cross-examine witnesses as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Finalise the case

  1. Provide feedback on outcomes of the tribunal to the accused as required.
  2. Finalise documentation.
Provide feedback on outcomes of the tribunal to the accused as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Finalise documentation.

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 case

1.1 Advise the accused of his/her rights to application and objection and of his/her legal options.

1.2 Prepare the case for the tribunal.

1.3 Prepare and dispatch pre-trial documentation.

1.4 Advise prosecution of the accused plea.

2. Defend the accused

2.1 Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.

2.2 Articulate issues relating to the defence of the accused to the service tribunal’s authority.

2.3 Cross-examine witnesses as required.

3. Finalise the case

3.1 Provide feedback on outcomes of the tribunal to the accused as required.

3.2 Finalise documentation.

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 case

1.1 Advise the accused of his/her rights to application and objection and of his/her legal options.

1.2 Prepare the case for the tribunal.

1.3 Prepare and dispatch pre-trial documentation.

1.4 Advise prosecution of the accused plea.

2. Defend the accused

2.1 Present the case for the defence in accordance with service discipline protocols, procedures and rules of evidence.

2.2 Articulate issues relating to the defence of the accused to the service tribunal’s authority.

2.3 Cross-examine witnesses as required.

3. Finalise the case

3.1 Provide feedback on outcomes of the tribunal to the accused as required.

3.2 Finalise documentation.

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.

briefing

responding to questioning

listening

reflecting

establishing rapport

negotiating

resolving conflicts

preparing statements and completing documentation

analysing and synthesising information

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.

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

origin and structure of the Defence legal system

role, duties and powers of a discipline officer

scales of punishment

service tribunal procedures and processes