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Evidence Guide: DEFPL023 - Provide support in service discipline law matters

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

 

DEFPL023 - Provide support in service discipline law matters

What evidence can you provide to prove your understanding of each of the following citeria?

Plan and prepare for the provision of support in service discipline law

  1. Instructions that require the provision of support in service discipline law are received and acted upon
  2. Circumstances are analysed and discipline issues are interpreted and clearly defined
Instructions that require the provision of support in service discipline law are received and acted upon

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances are analysed and discipline issues are interpreted and clearly defined

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and process documents involved in service discipline law matters

  1. Documents are identified, prepared and processed in accordance with legal practices and procedures
  2. Documents are despatched in accordance with legal practices and procedures
  3. Incoming documents are checked for completeness and timely delivery, and sender is contacted where insufficient information or deadlines are not honoured
  4. Requests for information are reviewed with instructing legal officer
Documents are identified, prepared and processed in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documents are despatched in accordance with legal practices and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Incoming documents are checked for completeness and timely delivery, and sender is contacted where insufficient information or deadlines are not honoured

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Requests for information are reviewed with instructing legal officer

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Perform research to support instructing legal officer

  1. Files are reviewed and search requirements are determined in conjunction with instructing legal officer
  2. Relevant documents and exhibits are retrieved and processed
  3. Precedent and case law are retrieved, researched and reviewed, and summaries are made where appropriate
  4. Summaries are forwarded to instructing legal officer and explanations are presented where necessary
Files are reviewed and search requirements are determined in conjunction with instructing legal officer

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant documents and exhibits are retrieved and processed

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Precedent and case law are retrieved, researched and reviewed, and summaries are made where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Summaries are forwarded to instructing legal officer and explanations are presented where necessary

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct administration after matter as required

  1. Post-matter administration is conducted as required
Post-matter administration is conducted as required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

analyse information

prepare documents in service discipline law matters

research case histories

assist the instructing legal officer to prepare for trials and service discipline proceedings

The candidate must at all times comply with legislative requirements, policy and standards, and demonstrate an awareness of access, equity and diversity principles and practices.

Consistency in performance

Competency should be demonstrated in a range of actual or simulated workplace contexts.

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 is required to appropriate documentation and resources normally found in the work environment.

Required Skills and Knowledge

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

Required Skills

collate and review information

communicate ideas, arguments and conclusions logically

follow legal procedures

follow written and oral instructions with regards to preparation of briefs

prepare legal documents

use appropriate legal terminology

Required Knowledge

applicable legal practices and procedures required in the full range of tasks covered

Defence Force Discipline Act (DFDA) and related legislation

relationship between the different trials/tribunals

relevant legal process, legislation and sections, and stages involved in the legal process

relevant legal terminology

service discipline proceedings

summary hearing/court/tribunal process

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.

Instructions may include:

charge sheet

conduct record

documentary material, exhibits and evidence

oral or written correspondence, including from the command structure, commanding officer or an individual

record of evidence

record of prior convictions

summary of matter

witness statements

Service discipline law may include:

Common Law for NSW, Victoria and SA

DFDA which has jurisdiction over service personnel and incorporates the Commonwealth Crimes Act and Commonwealth Evidence Act

Legal practices and procedures may include:

engaging/referral to experts

extent of legal assistance available

practice notes

protocol for accommodating specific client needs such as case manager, social worker, parole officer

protocol for contacting clients such as translator, interpreter

recording information

security/confidentiality/privacy procedures

verifying and authorising information

Trials and service discipline proceedings may include:

general courts martial

magistrates/local trials

restricted courts martial

summary hearings (subordinate, commanding officer, superior)