Unit of competency details

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DEF12V2

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DEF12V1

Primary release.

Elements describe the essential outcomes of a Unit of Competency.

Performance Criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised  text is used, further information is detailed in the Required Skills and Knowledge and/or the Range Statement. Assessment of performance is to be consistent with the Evidence Guide.

ELEMENT 

PERFORMANCE CRITERIA 

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

1.1 Circumstances  that require the provision of advice on service discipline law are identified in accordance with standard procedures .

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

2. Provide information on service discipline law 

2.1 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.

2.2 Privileges of witnesses are explained as required.

2.3 Subordinates are advised  of the judicial process, documentation  requirements and the legal rights  of a service member.

2.4 Procedures applying to offenders in custody  are explained to subordinates as required.

2.5 Professional standards to be applied in the administration of a summary proceedings are explained to subordinates as required.

2.6 Post-tribunal procedures  are explained to subordinates as required.

2.7 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.

3. Demonstrate procedural aspects related to the administration of a service tribunal 

3.1 Subordinates are shown how to prepare for proceedings including the preparation of personal statements.

3.2 Duties of a recorder are explained and demonstrated to subordinates as required.

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

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

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