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Evidence Guide: DEFLAW115 - 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

 

DEFLAW115 - 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. Identify and interpret words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal
  2. Explain privileges of witnesses in accordance with common law privilege against self-incrimination
  3. Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member
  4. Explain procedures applying to offenders in custody to subordinates in accordance with legal requirements
  5. Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates
  6. Explain post-tribunal procedures to subordinates in accordance with organisational procedures
  7. Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements, punishments available to a discipline officer and the rights of an accused
  8. Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines
  9. Explain and demonstrate duties of a recorder to subordinates to meet task requirements
Identify and interpret words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain privileges of witnesses in accordance with common law privilege against self-incrimination

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain procedures applying to offenders in custody to subordinates in accordance with legal requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain post-tribunal procedures to subordinates in accordance with organisational procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Inform subordinates 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:

 

 

 

 

 

 

 

Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Explain and demonstrate duties of a recorder to subordinates to meet task requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Perform the duties of a relevant officer

  1. Administer documentation to the defendant in accordance with organisational procedures
  2. Provide advice on the outcome of sub-unit disciplinary matters to the defendant in accordance with legal guidelines
Administer documentation to the defendant in accordance with organisational procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice on the outcome of sub-unit disciplinary matters to the defendant in accordance with legal guidelines

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Arrest members of the ADF who commit an offence/s

  1. Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures
  2. Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements
Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements

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.

1

Provide advice on service discipline law

1.1

Identify and interpret words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal

1.2

Explain privileges of witnesses in accordance with common law privilege against self-incrimination

1.3

Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member

1.4

Explain procedures applying to offenders in custody to subordinates in accordance with legal requirements

1.5

Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates

1.6

Explain post-tribunal procedures to subordinates in accordance with organisational procedures

1.7

Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements, punishments available to a discipline officer and the rights of an accused

1.8

Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines

1.9

Explain and demonstrate duties of a recorder to subordinates to meet task requirements

2

Perform the duties of a relevant officer

2.1

Administer documentation to the defendant in accordance with organisational procedures

2.2

Provide advice on the outcome of sub-unit disciplinary matters to the defendant in accordance with legal guidelines

3

Arrest members of the ADF who commit an offence/s

3.1

Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures

3.2

Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements

Required Skills and Knowledge

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1

Provide advice on service discipline law

1.1

Identify and interpret words or actions constituting common service offences against the DFDA for which a service member may be charged and convicted by a service tribunal

1.2

Explain privileges of witnesses in accordance with common law privilege against self-incrimination

1.3

Advise subordinates of the judicial process, documentation requirements and the legal rights of a service member

1.4

Explain procedures applying to offenders in custody to subordinates in accordance with legal requirements

1.5

Explain professional standards that will be applied in the administration of a summary proceedings, to subordinates

1.6

Explain post-tribunal procedures to subordinates in accordance with organisational procedures

1.7

Inform subordinates of the role and jurisdiction of a discipline officer, disciplinary infringements, punishments available to a discipline officer and the rights of an accused

1.8

Show subordinates how to prepare for proceedings and how to prepare personal statements in accordance with legal guidelines

1.9

Explain and demonstrate duties of a recorder to subordinates to meet task requirements

2

Perform the duties of a relevant officer

2.1

Administer documentation to the defendant in accordance with organisational procedures

2.2

Provide advice on the outcome of sub-unit disciplinary matters to the defendant in accordance with legal guidelines

3

Arrest members of the ADF who commit an offence/s

3.1

Arrest offenders without warrants using necessary force and place arrested offenders in custody in accordance with organisational procedures

3.2

Protect the rights of a person under arrest in accordance with organisational procedures and legal requirements

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria on at least one occasion and include:

advising subordinates including:

during summary proceedings

when being charged

when being questioned

applying relevant organisational policies and procedures

applying safety, legislative and statutory requirements relevant to the risk assessment

arresting members of the Australian Defence Force (ADF) who commit an offence/s

applying communication skills including:

briefing

responding to questioning

listening

reflecting

establishing rapport

negotiation

conflict resolution

applying decisionmaking and problemsolving skills

identifying, interpreting and analysing risk assessment requirements relevant to applying service discipline law

performing the duties of a relevant officer

preparing statements and completing documentation

providing advice on service discipline law.

Evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the elements and performance criteria and include knowledge of:

ADF judicial policies and procedures for service tribunals

application of Defence Force Discipline Act (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

legal rights must include:

arrest

common law privilege against self-incrimination

custody

procedures for summons

nature and limits of Defence jurisdiction

necessary force as defined in organisational policies and procedures

organisational procedures applying to offenders in custody

origin and structure of the Defence legal system

professional standards

records management and required documentation

relevant organisational policies and procedures

risk management organisational procedures

role, duties and powers of a discipline officer and relevant officer

scales of punishment

service tribunal procedures and processes.

Range Statement

Range is restricted to essential operating conditions and any other variables essential to the work environment.

Non-essential conditions may be found in the Companion Volume Implementation Guide.