Unit of competency details

DEFCM131 - Perform the duties of a prosecuting officer at service tribunals (Release 1)

Summary

Releases:
ReleaseStatusRelease date
1 1 (this release)Current 24/Jan/2013

Usage recommendation:
Superseded
Mapping:
MappingNotesDate
Supersedes and is equivalent to DEFCM114C - Perform the duties of a prosecuting officerComplete revision of language Outcome unchanged 23/Jan/2013
Is superseded by and equivalent to DEFLAW012 - Perform the duties of a prosecuting officer at service tribunalsUnit code updated. Content and formatting updated to comply with the new standards. All PC transitioned from passive to active voice. 21/Oct/2015

Training packages that include this unit

Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  06/May/2013 
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Modification History

Release 

TP Version 

Comments 

1

DEF12V2

Primary release. Supersedes and is equivalent to DEFCM114C. Complete revision of language, outcome unchanged.

Unit Descriptor

This unit covers the competency required to prosecute an accused person for the purposes of legal trials and hearings as required under the provisions of the Defence Force Discipline Act (DFDA).

It is designed to meet the level of responsibility of a senior supervisor in the Australian Defence Force (ADF).This unit covers the competency required to prosecute an accused service member at summary trials under the Defence Force Disciplinary Act (DFDA).

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. In a Defence context, this means that there is no civilian need to hold this unit in order to meet licensing, legislative, regulatory or certification requirements.applicable.

Application of the Unit

This competency was developed for Defence personnel.

Typically prosecuting officers act independently using discretion and judgement, and taking responsibility for the quality of their outputs.

All activities are carried out in accordance with relevant organisational policies and procedures.

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 the prosecution s case 

1.1 Accused is advised of the charges preferred against him/her in accordance with standard procedures. 

1.2 Prosecution s case is researched and prepared for the tribunal.

1.3 Pre trial documentation is prepared and dispatched in accordance with standard procedures.

2. Present the prosecution s case at a service tribunal 

2.1 Prosecution s case is presented in accordance with service discipline protocols, procedures and rules of evidence.

2.2 Issues relating to the prosecution of the accused are effectively communicated to the service tribunal s authority.

2.3 Witnesses and accused are cross examined as required.

3. Finalise the case 

3.1 Feedback on outcomes of the tribunal is provided to the relevant authorities.

3.2 Documentation is finalised.

Required Skills and Knowledge

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

Required Skills 

  • communication skills (briefing, responding to questioning, listening, reflecting, establishing rapport, negotiation, conflict resolution)
  • decision making and problem solving skills
  • prepare statements and complete documentation

Required Knowledge 

  • ADF judicial policies and procedures for service tribunals
  • application of DFDA to service members
  • composition and content of the DLM and other relevant law including offences under the DFDA and the rules of evidence Equity and diversity
  • nature and limits of Defence jurisdiction
  • Work health and safety (OH&S)
  • 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

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 analyse and synthesise information.

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.

Specific resources for assessment 

Access to facilities suitable for the conduct of hearings and to relevant personnel.

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.

Standard procedures  may include:

  • Defence Law Manual (DLM) Volumes 1 and 2
  • provisions of the Defence Act and the DFDA
  • regulations, orders and instructions made under the Defence Act and DFDA
  • standing operating procedures
  • standing orders

Documentation  may include:

  • financial statements
  • opening and closing statements
  • records of evidence
  • statements regarding mitigating circumstances
  • witness statements

Unit Sector(s)

Not applicable.

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