Administrative Law No. Document or Activity Specific Assessment Criteria 7. (D): Defence Incident Record References: DI ADMIN 45-2 The reporting and management of notifiable incidents Incident Reporting and Management Manual Define what an ‘incident’ is for the purpose of a Defence Incident Record (DIR) Identify the legal and policy guidance on DIR. Identify the key aspects of one ‘real-world’ completed DIR. Explain the additional/alternative potential reporting requirements associated with an incident. Recall the applicable timelines. 8. (D): Terms of Reference for an Inquiry References: Administrative Inquiries Manual Annexes 3E-3H Incident Reporting and Management Manual Outline the basic circumstances [no names/identifying characteristics] of at least one ‘real-world’ completed Terms of Reference (TOR). Identify the situations that require Terms of Reference (TOR). Identify the law and policy applicable to the reviewed TOR. Define the process for formulation of, and amendment to, TOR. Identify whether the reviewed TOR conform to law and policy, and discuss how to rectify any identified deficiencies/shortcomings. 9. (D): Inquiry report References: Administrative Inquiries Manual Chapter 4, Outline the basic circumstances [no names/identifying characteristics] of at least one ‘real-world’ completed Inquiry Officer Inquiry. Identify the law and policy authorities regarding Inquiry Officer Inquiries. Identify what aspects of the particular matter rendered it appropriate for an IOI, or could it have been dealt with via a different mechanism. Recall the process for appointing, conducting, and concluding an Inquiry Officer Inquiry Recall the requirements regarding findings and recommendations, and what options an Appointing Authority has when s/he has queries about one or more of these.
No. Document or Activity Specific Assessment Criteria 13. (D): Application for redress of grievance or a response by a decision maker. References: Good Decision-Making in Defence: A guide for and those who brief them Chap. 6 & 10 Outline the basic circumstances [no names/identifying characteristics] of at least one ‘real-world’ completed Redress of Grievance [‘ROG’] and/or response by a decision maker [‘response’]. Identify whether the ROG and/or response conforms with law and policy. Identify the procedural obligation that command has on receipt of a ROG, and were these applied correctly in the present situation. Identify any notable aspects and/or deficiencies of the ROG and/or response Operations Law No. Document or Activity Specific Assessment Criteria 14 (A): LOAC, ROE, OFOF or Boarding Party brief. Brief must be delivered by a LL3 (or above) Legal Officer. Brief may be at tactical, operational or strategic level, but must be in an operational or exercise context. Demonstrate an appreciation of applicable security classifications. Define the purpose of the relevant briefing. List the topics that were covered during this brief. Identify how these briefs/topics relate to the relevant ROE and operational documentation. References: LTM1 Ops LO 1-2 Legal Assistance No. Document or Activity Specific Assessment Criteria 15. (D): Assist in drafting a member’s Power of Attorney. Assist an LL3 (or above) Legal Officer to receive instructions, draft and execute a Power of Attorney. Identify the key requirements and sensitivities present when receiving instructions from a member regarding a power of attorney. Contrast the types of powers of attorney available and identify the key advantages/disadvantages of each for ADF members. Identify common issues using one States Powers of Attorney template in another State. References: Chapter 5 - Defence Casualty and Bereavement Support Manual (DCBSM) DGADFLS directive 1/2014: legal aid and legal assistance