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Unit of competency details

DEFCM128A - Make a Defence administrative decision (Release 2)

Summary

Usage recommendation:
Superseded
Mapping:
MappingNotesDate
Is superseded by and equivalent to DEFLAW009 - Make a Defence administrative decisionUnit code updated. Content and formatting updated to comply with the new standards. All PC transitioned from passive to active voice. PC 1.2 removed. PC 2.1 revised. 21/Oct/2015

Releases:
ReleaseRelease date
2 (this release) 24/Jan/2013
(View details for release 1) 15/Mar/2012

Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 091199 Justice And Law Enforcement, N.e.c.  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 091199 Justice And Law Enforcement, N.e.c.  03/Sep/2012 
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Modification History

Release 

TP Version 

Comments 

2

DEF12V2

Layout adjusted. No changes to content.

1

DEF12V1

Primary release.

Unit Descriptor

This unit covers the competency required to manage quick assessment (QA) inquiries and to make administrative decisions in accordance with administrative law, policies and procedures.

In the context of this unit, administrative decisions are those that may adversely affect member's rights, interests and expectations and that are within the discretion of the commanding officer (CO) to make.

Application of the Unit

This unit applies normally to Defence members who have been given command, either as an automatic consequence of appointment, or by an instrument of appointment, as a CO or as an administrative CO; in some circumstances it is by rank only, irrespective of the position held.

Licensing/Regulatory Information

Not applicable.

Pre-Requisites

Not applicable.

Employability Skills Information

This unit contains employability skills.

Elements and Performance Criteria Pre-Content

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.

Elements and Performance Criteria

ELEMENT 

PERFORMANCE CRITERIA 

1. Prepare for an administrative decision 

1.1 Initial action  is determined following an initiator. 

1.2 Organisational policies  and procedures are complied with.

1.3 Quick assessment is instigated. 

1.4 Administrative sanction is initiated. 

2. Make an administrative decision 

2.1 Factors  are considered.

2.2 Administrative decision is made in accordance with decision making criteria  and policies.

2.3 Stakeholders are informed of the decision and its reasons.

2.4 Documentation is completed in accordance with organisational policies.

Required Skills and Knowledge

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills 

  • apply criteria and principles
  • communicate effectively in writing
  • communicate effectively orally
  • conduct interviews
  • interpret quick assessment and inquiry reports
  • interpret relevant policies
  • lead individuals and groups
  • make sound judgements
  • manage work effectively
  • undertake research

Required Knowledge 

  • administrative sanctions
  • closed inquiry (not public and results given to appointing commanding officer only)
  • complaints and redress of grievance (ROG)
  • evidence
  • imposing authority
  • initiating authority
  • inquiry instigation
  • inquiry monitoring
  • inquiry planning
  • relevant Australian Defence Force (ADF) policies
  • QAs
  • recommendation implementation
  • reports
  • tracking
  • witnesses and potentially affected persons

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:

  • locate and interpret appropriate guidance in relevant documents
  • apply administrative decision making criteria to an ROG of sufficient complexity for which QA and routine inquiry reports are available

Consistency in performance 

Competency should be demonstrated 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 

There are no specific resource requirements for this unit.

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.

Initial actions  may include:

  • determining decision is not within power (jurisdiction) to make
  • determining whether the initiation has occurred within policy timeframes (for example, rog for termination notice is submitted within fourteen days of notice issue, without exception)
  • making a decision on a simple issue for which sufficient information has been supplied (resolution by the CO)
  • making further examination of the issue
  • offering alternative dispute resolution processes
  • referring the matter to adfis and/or service police
  • referring the matter to a superior authority
  • taking no further action

Initiator  may include:

  • complaint or ROG being made
  • incident occurring (for instance, an accident)
  • request being made
  • request for a review of a previous decision
  • request for a decision as an imposing authority is received from an initiating authority

Organisational policies  may include:

  • ADF publications
  • Defence Instructions

Instigating a QA  may include:

  • confirming issue is connected with the scope of the CO’s command
  • determining need for a QA
  • selecting and briefing a QA officer
  • monitoring timeliness of assessment
  • considering next action upon receipt of QA brief

Initiating administrative sanctions  may include:

  • issuing a Notice to Show Cause as the initiating authority
  • gathering evidence
  • gathering specialist and required reports
  • gathering statement of reasons from member
  • considering response in determining next action
  • monitoring timeliness of process
  • referring collated material to an imposing authority for a decision

Factors  may include:

  • considering inquiry reports:
  • confirming terms of reference are satisfied and scope is not exceeded
  • confirming evidence supports the findings
  • accepting or rejecting the findings
  • evidence/facts provided in performance appraisal reports, records of conversation, other official documentation
  • matters raised in the member’s response
  • policy relied upon
  • recommendations from subordinates/superiors
  • specialist advice (legal, psychological, medical)

Administrative decisions  may include:

  • applying administrative sanctions as an imposing authority (from a request and submission from an initiating authority)
  • approval to live beyond 30 km from position
  • dealing with a complaint or ROG
  • eligibility for higher duties allowance
  • granting leave (such as short-term, carer, parental, maternity, compassionate, long service, leave without pay, leave with holiday pay)
  • imposing a formal warning
  • member with dependents (unaccompanied)
  • recognising Interdependent relationships

Decision making criteria  may include:

  • applying policy but not inflexibly or without proper regard to the merits and circumstances of the matter
  • decision being reasonable
  • decision maker having the proper authority and jurisdiction (power)
  • decision maker not being biased (perceived and actual)
  • disregarding irrelevant factors while taking relevant considerations into account
  • making decision after a fair hearing
  • making decision while not under orders or dictation
  • sufficient evidence (balance of probabilities [briginshaw v briginshaw])
  • seeking legal advice where necessary

Unit Sector(s)

Not applicable.