34
Annex C to Summary Discipline System Review Report 17 November 2017 DEFENCE FORCE DISCIPLINE TRAINING Introduction 1. The effective functioning of a Summary Discipline System (SDS) is underpinned by a sound training system designed to deliver skilled personnel who can undertake the roles assigned to them with confidence and certainty. The Summary Discipline Review has identified that the current training system is not delivering all the outcomes needed by command and by those involved in the summary discipline process. The key issues identified are the lack of consistent and validated discipline course material available across the ADF, insufficient command input into the training of prospective commanders and incomplete governance arrangements. Nonetheless, there are pockets of excellence with locally designed and developed training delivered by enthusiastic and committed individual legal officers and senior NCOs. Unfortunately, this training is often ad hoc, lacks consistency of course content and is not subject to regular validation. 2. The Military Law Centre is tasked by the Services to conduct pre-command training and this training, in the main, is delivered by legal officers. The Review noted a common view across all three Services that DFDA training and education does not always equip personnel for the roles they are required to perform. Commanders in particular have noted that their respective pre-command courses have often been too process-focused with little time for quality discussion and input from experienced Commanding Officers or mentors. This situation is compounded when there is a substantial lapse of time between undertaking training and education and actually being involved in summary discipline proceedings. The complexity and legalistic nature of SDS in 2017 is such that there is a significant and ongoing training burden which is difficult to sustain for the Services as well as the Military Law Centre. 3. The Review notes that the deficiencies in the training system have been identified by a number of previous military justice system reviews. These reviews, along with the current Review, note that timely and relevant training is an essential underpinning of an efficient and effective discipline system. The training requirement though is burdensome and unsustainable, particularly in the contemporary ADF where there is far less uniformed support staff. Until such time as the SDS itself can be simplified and a commensurate change of training can occur, it will be necessary for the current training system to be validated, rationalised and refreshed to deliver consistent outcomes and provide better support to commanders. Background Previous Reviews 4. Mr. J.C.S. Burchett QC’s 2001 Report of an Inquiry into Military Justice in the Australian Defence Force observed that: ‘lack of familiarity with the Act [DFDA], and of sufficient training to use it efficiently and effectively, is a significant disincentive to the taking of formal disciplinary action.1 Burchett made a number of recommendations in relation to discipline training which can be broadly stated as a requirement for ‘the development of common legal training in discipline law’ and ‘development and introduction of competency standards for personnel involved in the disciplinary process at the summary level.’ 2 1 J.C.S. Burchett QC, Report of an Inquiry into Military Justice in the Australian Defence Force, July 2001, p.8 2 Ibid, pp 29-30

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Annex C to Summary Discipline System Review Report

17 November 2017

DEFENCE FORCE DISCIPLINE TRAINING

Introduction

1. The effective functioning of a Summary Discipline System (SDS) is underpinned by

a sound training system designed to deliver skilled personnel who can undertake the roles

assigned to them with confidence and certainty. The Summary Discipline Review has

identified that the current training system is not delivering all the outcomes needed by

command and by those involved in the summary discipline process. The key issues identified

are the lack of consistent and validated discipline course material available across the ADF,

insufficient command input into the training of prospective commanders and incomplete

governance arrangements. Nonetheless, there are pockets of excellence with locally designed

and developed training delivered by enthusiastic and committed individual legal officers and

senior NCOs. Unfortunately, this training is often ad hoc, lacks consistency of course content

and is not subject to regular validation.

2. The Military Law Centre is tasked by the Services to conduct pre-command training

and this training, in the main, is delivered by legal officers. The Review noted a common

view across all three Services that DFDA training and education does not always equip

personnel for the roles they are required to perform. Commanders in particular have noted

that their respective pre-command courses have often been too process-focused with little

time for quality discussion and input from experienced Commanding Officers or mentors.

This situation is compounded when there is a substantial lapse of time between undertaking

training and education and actually being involved in summary discipline proceedings. The

complexity and legalistic nature of SDS in 2017 is such that there is a significant and ongoing

training burden which is difficult to sustain – for the Services as well as the Military Law

Centre.

3. The Review notes that the deficiencies in the training system have been identified by

a number of previous military justice system reviews. These reviews, along with the current

Review, note that timely and relevant training is an essential underpinning of an efficient and

effective discipline system. The training requirement though is burdensome and

unsustainable, particularly in the contemporary ADF where there is far less uniformed support

staff. Until such time as the SDS itself can be simplified and a commensurate change of

training can occur, it will be necessary for the current training system to be validated,

rationalised and refreshed to deliver consistent outcomes and provide better support to

commanders.

Background – Previous Reviews

4. Mr. J.C.S. Burchett QC’s 2001 Report of an Inquiry into Military Justice in the

Australian Defence Force observed that: ‘lack of familiarity with the Act [DFDA], and of

sufficient training to use it efficiently and effectively, is a significant disincentive to the taking

of formal disciplinary action.’1 Burchett made a number of recommendations in relation to

discipline training which can be broadly stated as a requirement for ‘the development of

common legal training in discipline law’ and ‘development and introduction of competency

standards for personnel involved in the disciplinary process at the summary level.’2

1 J.C.S. Burchett QC, Report of an Inquiry into Military Justice in the Australian Defence Force, July 2001, p.8

2 Ibid, pp 29-30

Annex C to Summary Discipline System Review Report

17 November 2017

5. Burchett further commented that, ‘room has to be found in the training of the modern

Defence Force for the disciplinary law, not as an add-on, but as something that is a military

matter.’3

6. Similarly, the 2005 Senate Foreign Affairs Defence and Trade References

Committee on the Effectiveness of Australia’s military justice system and the 2009 Report of

the Independent Review on the Health of the Reformed Military Justice System by Sir

Laurence Street and Air Marshal Leslie Fisher (Retd) recommended the introduction of

appropriate training for participants in the discipline system.

7. In March 2009, Chiefs of Service Committee considered the discipline training

recommendations of previous reviews in Chiefs of Service Committee Agendum 13/09,

‘Military Justice Training – Competency and Governance Frameworks’. The Agendum

recommended the development of a military justice competency framework (Burchett) and

alignment by the Services and Commander Joint Education, Training and Warfare Command

(for Australian Defence Force Academy) of their training courses within this framework by

December 2010. The Chiefs of Service Committee agreed these recommendations and the

Military Justice Functional Competency Framework (Competency Framework) and the

Governance of Military Justice Training Manual (Governance Manual) were promulgated in

2012.

8. The Chiefs of Service Committee Agendum proposed ‘a common training approach

rather than common training’ to give the Services the flexibility they needed to adapt training

to their unique cultural and structural requirements. The Paper also identified four

‘governance principles’ upon which military justice training in the ADF should be based:

accessibility, competence, timeliness and currency.

Current Situation - Governance

9. The Governance Manual notes in its Introduction that:

‘Military justice training will be assessed as successful when all Defence members

have the knowledge, skills and professionalism required to undertake their military

justice system roles and functions competently, and

The Military Justice Competency Framework … is based on the principle that

participants must attain certain competencies before undertaking military justice

functions … The intention of the framework is to produce standardised military

justice training outcomes across the ADF.’

10. The ‘standardised military justice training outcome’ intended by the introduction of

the competency framework is not being uniformly achieved and the deficiencies in training

noted in the 2009 Chiefs of Service Committee Paper, and previous military justice reviews,

are still being observed today.

11. The evolution of joint training management and rationalised training, the increasing

numbers of ADF personnel working in joint team environments, and continued joint

operations, necessitate a more contemporary approach to the management and delivery of

training that is common across the ADF – discipline training is such a ‘common’ subject.

This approach needs to be underpinned by consistency of the training content and learning

outcomes associated with each role in the discipline system. Nonetheless, the timing,

audience and method of delivery of the common training should remain the decision of the

individual Services to recognise their different cultures and unique operating environments.

3 Ibid, p.8

Annex C to Summary Discipline System Review Report

17 November 2017

12. The Governance Manual appoints the Director General Australian Defence Legal

Service as the Military Justice Training Policy Owner and details roles and responsibilities

associated with this appointment. For example, some of the roles are:

a. ‘act as the ‘Analyse and Evaluate’ authority for military justice training’;

b. ‘conduct analysis and development of competency standards in military justice’;

c. ‘prescribe competency standards for … disciplinary law roles along functional lines

under the Defence Training Model…’;

d. ‘evaluate military justice training and incorporate relevant evaluation feedback into

the design of the competency standards...’

13. The Defence Instruction Administrative Policy issued 17 August 2017 promulgated

the Administrative Policy Framework for Defence with the Vice Chief of the Defence Force

as the Accountable Officer for military justice. The Defence Instruction further outlines the

responsibilities of Policy Owners to their Accountable Officers regarding developing,

maintaining, and implementing policies and procedures relevant to their business functions

including the issuing of manuals. It has been recommended in the main Report that the

Director General ADF Legal Services be the Policy Owner for military justice and

responsible to the Vice Chief of the Defence Force accordingly. It is within the

Administrative Policy Framework that the revised Governance Manual should be developed.

14. Currently the Director Military Law Centre represents Director General ADF Legal

Service for many of the Military Justice Training Policy Owner functions, particularly the

roles and responsibilities of the position. Advice from the Military Law Centre is that there is

currently no promulgated Standard Operating Procedure or internal policy regarding

managing the Military Justice Training Policy Owner responsibilities. There are significant

resource limitations impeding the manner in which the Military Law Centre can analyse and

evaluate training being delivered across the ADF, and ensuring changes occur to training

packages in a timely manner is a significant overhead. The Military Law Centre has no

formal oversight of discipline system training delivered by units external to it, therefore it is

difficult for them to monitor compliance with the Competency Framework.

15. The Military Law Centre is reviewing the Governance Manual and the Competency

Framework in accordance with the promulgated review date of 25 September 2017. Initial

review considerations by the Military Law Centre, in consultation with stakeholders, is that

the revised Manual should aim to deliver the strategic level governance for discipline training

while having regard to the principles of the Systems Approach to Defence Learning model.

This review will need to be coordinated with the review of the SDS and the subsequent

implementation actions, and is an essential task that will require additional resources.

16. Regular engagement between Australian Defence College, the Military Law Centre,

Director General ADF Legal Services and Service training authorities will be essential from

this point on to ensure the confusion that currently exists regarding governance of discipline

training is resolved in a way that will meet the current and future needs of all involved. The

simplified future SDS will still require a governance framework for the development, delivery

and monitoring of compliance within the discipline training system.

Current Situation – Training

17. A desktop analysis by the Review Team, supplemented by input from the Services

training authorities, has revealed the availability of an extensive suite of formal training for

ADF personnel involved in, or likely to be involved in, summary discipline proceedings. To

date the Review Team has identified over 50 such training courses (Appendix 1). Generally,

Annex C to Summary Discipline System Review Report

17 November 2017

this formal training is provided to support personnel when they take up a specific position eg

a command appointment, or is delivered as part of each Service’s professional and military

education training continuum, frequently on promotion courses. The level of training

provided, the content and course materials, and the learning outcomes, differ on these courses

depending on the single Service requirements at each rank and experience level.

18. Air Force. Air Force Training Group has taken steps to implement the Competency

Framework into its training continuum and is continuing to evolve its training packages to

meet evolving needs. Air Force continues to explore options to determine how to maintain the

currency of these competencies and is actively reviewing their training continuum to ensure

discipline-related training is current and relevant. Air Force has assessed a number of specific

military discipline roles and developed a framework of ‘content and concepts’ to be taught

associated with each of these roles. This framework is being shared with the Military Law

Centre, Army, Navy, Australian Defence Force Academy and Australian Defence College and

will inform future discussions regarding the development of agreed Job Task Profiles,

proficiencies and eventually, synchronized training products.

19. Navy. Navy Training Command uses the Competency Framework as a guide to

develop and design the relevant discipline modules of the various courses delivered. The

technical input into these modules is provided by Navy Legal Officers while the course

development is undertaken by specialist training development staff.

20. Army. Army places significant emphasis on discipline training in their professional

military education and training programs and specialist role courses (e.g. Regimental Sergeant

Major). The pre-command course delivered by the Military Law Centre has been designed to

meet Chief of Army requirements of command and is currently under review. The

application of the Competency Framework in the design, development and delivery of

training across the professional military education and training continuum is variable. That

said, Forces Command has developed an online SDS resource that is comprehensive,

contemporary and easy to use. These online information and training packages are widely

used within Army, and Navy working group participants advised the Review Team that they

also used the resource.

21. Australian Defence Force Academy. The discipline training delivered at

Australian Defence Force Academy to Officer Cadets and Midshipmen is largely the

responsibility of the Academy Legal Officer. The modules combine face-to-face sessions

with the Legal Officer, role playing, quizzes, examinations and subsequent online sessions

using the Academy learning management system, Australian Defence Education Learning

Environment4. The use of multiple delivery mechanisms is proving successful with an

increase in confidence being expressed by Officer Cadets and Midshipmen in their

understanding of the SDS. The training provided at the Academy is designed using the

proficiencies promulgated in the Competency Framework.

22. Online. Campus is the Defence online training resource, and for some discipline

courses, these training packages form pre-requisite training before participation in a

professional and military education training and development course5. The current series of

online courses could benefit by improved interactivity, and should be reviewed to ensure

currency when mapped against the updated role specific proficiencies under development.

The Military Law Centre should have the lead in designing and developing the Campus

4 MLC also uses ADELE for some of the training courses they deliver and consider it a versatile and useful training tool. 5 Army All-Corps Captains Course (ACCC) requires completion of ULDA Investigating Officer, ULDA Discipline Officer, Fact Finding Incident Management; Service Police Initial Employment Training requires completion of Conducting Administrative Inquiries, ULDA

Summary Authority, ULDA Clerk, ULDA Defending Officer, ULDA Prosecuting Officer, ULDA Discipline Officer, ULDA Investigating

Officer

Annex C to Summary Discipline System Review Report

17 November 2017

courses to support the summary discipline system. Because of the unique skills required to

develop and support online training, it will be necessary for the Military Law Centre to be

assigned additional resources to undertake this activity.

23. Locally delivered training. The Review Team has found a significant level of

locally designed and delivered training, which is more ad hoc in nature, and driven by local

requirements and the capacity and enthusiasm of the local staff to support and deliver. The

primary initiators of such training tend to be the unit legal officer or the Regimental Sergeant

Major, Warrant Officer Disciplinary, Naval Police Coxswain. It is not evident how the

content of this local training is evaluated and validated, nor if it is designed using the

competency framework. The Military Law Centre has advised that they have no role in

developing these packages nor have a mechanism by which they can validate and evaluate

such training. Working group participants have reported that this local training is essential in

preparing summary authorities, and prosecuting and defending officers to undertake their role

in a summary proceeding. Rehearsals are often conducted prior to a hearing to further

develop the confidence and skills needed by the participants to ‘perform’ their roles.

24. In the absence of sound training packages in some areas, commanders ‘shop’ for the

best available, irrespective of its origin (for example, a ship using the Forces Command

online package). While this is a laudable initiative, the effectiveness of this method is reliant

on the skill and enthusiasm of individuals, rather than the structured and coordinated

approach to training consistent across the Services. A decentralised system of training design

and delivery may provide a degree of organisational flexibility, however this approach is

accompanied by the risk of inefficiencies and content currency degradation. Further

disaggregation of the training presents a real risk to the effectiveness of the SDS.

Review Working Group Feedback

25. Pre-Command training. All three Services provide pre-command courses for

officers posted to command positions. The ‘legal’ component of these courses is generally

considered adequate, but too process focused and delivered by legal officers. Many working

group participants commented that the ‘legal’ component of their command course would

have been enhanced by greater opportunity for discussion, to share experiences, and to

explore the nuances of decision-making, particularly regarding the awarding of punishments.

In essence, what was missing from pre-command courses was the input of actual experienced

commanders. Supplementing the Military Law Centre with experienced commanders to

advise on the design, and assist in delivery, of these pre-command courses, would add a

qualitative dimension currently missing. Additionally, the opportunity to discuss experiences,

pitfalls and case studies with Regimental Sergeant Majors, Warrant Officers Disciplinary and

Naval Police Coxswains could also help commanders undertaking this training to feel more

confident in the skills and knowledge they will take with them to the subsequent command

roles.

26. Professional Military Education and Training. Reliance on undertaking

professional military education and training courses to ensure skills are current and relevant is

not always possible. While such training is mandatory for all three Services, the challenges of

unit workloads, reduced staffing, and operational commitments sometime force commanders

to balance priorities with professional military education and training often being assessed as

of lesser immediate need to achieve unit operational effectiveness. There is a paradox in this

argument in that unit operational effectiveness is underpinned by good discipline.

Nonetheless it is a challenge for commanders and the solution could lie in more targeted

training, with a range of delivery options being made available.

Annex C to Summary Discipline System Review Report

17 November 2017

27. Just-in-Time Training. The provision of ‘Just-in-Time’ training, beyond that

delivered in pre-command courses and something more readily and broadly available,

combined with training or competency refresh mechanisms for those undertaking roles in

summary proceedings, would address the skill-fade concerns expressed. However, as noted

throughout this report, there is a resource dimension to achieving such training outcomes and

perhaps, in some instances, leveraging off the pool of Reserve legal officers could provide a

much needed surge capacity.

28. Additional Comments. Other suggestions relating to training raised during working

group discussions include:

a. provision of coaching and mentoring at the local level or across units and peer

groups; establishment of peer networks to share experiences and discuss concerns;

b. shadowing those involved in a summary proceeding to observe and learn before

undertaking the roles themselves;

c. provision of training videos or online support that could be used whenever needed –

personal paced training based on individual confidence levels;

d. testing of understanding and knowledge at the time of undertaking formal training;6 7

e. development of an ongoing mechanism to provide certification / requalification /

refresher training opportunities;8 and

f. balancing face-to-face training with online courses, for example, summary

authorities like to be able to ask questions and explore nuances which cannot be

achieved online.

Recommendations – Training Design, Development and Delivery

29. The Review Team considers that the reported deficiencies with the SDS training

have multiple origins:

a. complexity of the SDS resulting in decreasing use and therefore a loss of skills and

subsequent loss of confidence by commanders and those involved in summary

discipline proceedings;

b. the complexity and decreasing use also make it difficult for those involved in the

SDS to become technically ‘competent’;

c. inconsistent approaches by the Services to the use of the Competency Framework in

the design of training;

d. lack of resources and competing priorities at the Military Law Centre to analyse and

evaluate military justice training, and to monitor compliance with the Competency

Framework;

e. no mechanism to monitor currency of training and no certification or requalification

options available;

6 Within the Canadian military justice system, ‘regulations require that all presiding officers be trained in accordance with a curriculum

established by the JAG, and that they be certified by the JAG as being competent to perform their duties. The training that presiding officers

currently receive consists of a pre-instruction package and a threshold knowledge test, followed by a two-day course taught by legal

officers.’ An Overview of Canada’s military Justice System, p 4/10 7 The NZDF requires a Certificate of Competency be attained before undertaking Summary Authority duties or performing the roles of

Defending and Presenting Officers. These certificates are issued by DGDLS and are based on completion of relevant training and achieving

a minimum pass level on prescribed examinations. 8 COSC Agendum 13/09 Military Justice Training Competency and Governance Framework, proposed establishing PMKeyS proficiency

numbers associated with each competency unit and that the Services should enter training undertaken and proficiencies achieved IAW

applicable recording processes.

Annex C to Summary Discipline System Review Report

17 November 2017

f. pre-command courses are process-focused with little time for commanders to discuss

and share understanding with experienced Commanding Officers; and

g. locally delivered training is seen as more timely and can be tailored to meet the

specific Service needs of those involved in summary discipline proceedings.

30. The combination of the factors above has seen the design, development and delivery

of discipline training drift off course from the intent of the Governance Manual. Nonetheless,

the system of discipline training for the ADF can be revitalized. Unfortunately, the broader

difficulties associated with the inherent complexity and time-consuming nature of the SDS as

it exists will still remain.

31. The Competency Framework is an excellent tool and is already being used in varying

ways to either inform or prescribe discipline training delivered to the ADF. The review of the

Governance Manual is already underway and early indications are that the competency

framework will be replaced by a series of proficiencies associated with military discipline

roles. These proficiencies will relate to learning outcomes and a series of Job Task Profiles

will be developed which will form the basis of the development of training packages.

Recommendation 1: Military Justice Functional Competency Framework is to be reviewed,

validated and updated as necessary as part of the Governance of Military Justice Training

Manual review and finalised by end of year 2017 and issued by VCDF.

32. Based on discussions the Review Team has had with ADF personnel during working

groups, Military Law Centre staff, and Australian Defence College Education and Learning

staff, the flexibility to deliver discipline training in accordance with Service needs is a feature

worth retaining in any future training system. That said, there was agreement that the design

and develop phases should rest with the legal technical authority. The conduct, or delivery,

phase should be a Service responsibility to ensure the flexibility referred to above. It is worth

noting that the Review Team was consistently advised by working group participants that a

range of delivery methods was important in achieving learning outcomes. Accordingly,

training packages should provide options for a range of delivery mechanisms.

33. In 2017, as in previous years, MLC (in consultation with Single Service legal

officers) directly and centrally designs, develops and delivers the discipline system training

for the three Services respective pre-command courses. As discussed above, this training will

be enhanced by the inclusion of an experienced commander and Regimental Sergeant Major /

Warrant Officer Disciplinary / Naval Police Coxswain in the design and delivery of the pre-

command courses. All other training for non-Legal officers (other than those specialists who

receive initial and post-grad training at the Defence Force School of Policing) is designed and

delivered in an uncoordinated way as discussed above and relies heavily on the knowledge,

time and enthusiasm of local legal officers, senior non-commissioned officers and other

‘discipline’ specialist staff.

34. Centralising the content development with the Military Law Centre will ensure the

alignment of training packages / modules for each competency or military discipline role-

specific proficiency and maintain the integrity and consistency of training delivered across the

ADF. In 2009, it was proposed to the Chiefs of Service Committee in Agendum 13/09 that

MLC prepare ‘a suite of model Training Management Plans and training aids … to align …

training with the competencies under the proposed Framework.’

35. This approach is supported today but will require the allocation of resources to the

military Law Centre. Indeed, the Military Law Centre believes that not only should the

development of the content of the Job Task Profile training packages be the responsibility of

Annex C to Summary Discipline System Review Report

17 November 2017

the Military Justice Training Policy Owner, but it would be beneficial to have these packages

available through a central portal – the Military Law Centre website. This approach would

mitigate the current problems associated by having a multitude of training packages in use

across the Services.

36. The Review Team understands that the expertise to act fully as the military Justice

Training Policy Owner regarding the design and development of common training packages

to meet competencies is not always resident within the Military Law Centre. Expertise in the

various elements of discipline and administrative law is dispersed across the Defence Legal

Branch, and a mechanism to identify and task these experts will need to be developed.

37. The Military Justice Training Policy Owner may need additional resources to

undertake the initial design and development of the training packages necessary to support the

required proficiencies and learning outcomes of the future discipline system Job Task

Profiles. Longer term, the effectiveness of a revised military discipline training regime will be

dependent on appropriate resourcing to ensure the training system has the flexibility to meet

the changing demands of the evolving recommended SDS. In the immediate term, the

Campus training packages, the Forces Command website, the content in the Australian

Defence Force Academy learning management system, Army’s extensive suite of training and

the Air Force professional military education and training packages could be leveraged to

design and develop the first tranche of ‘joint’ training. Future discipline training packages

should be developed in accordance with the Systems Approach to Defence Learning to ensure

alignment with the broader Defence joint management framework.

Recommendation 2: Joint training packages for each discipline system Job Task Profile be

developed, maintained and validated by the Military Law Centre (in accordance with the

Systems Approach to Defence Learning guidelines) for delivery by the respective Service

training authorities and Australian Defence Force Academy.

Recommendation 3: Pre-command training to be reviewed to include greater command input

into the design and delivery of these courses. Consideration should also be given to

appointing a command-experienced officer and Regimental Sergeant Major, or equivalent, to

supplement Military Law Centre staff.

38. One of the recurring themes regarding discipline training is the issue of ‘skill fade’.

Courses are undertaken and then often a significant time passes before someone is called upon

to perform a role in a summary discipline proceeding. To counter this skill-fade, it may be

appropriate to develop certification and requalification options. This practice is common in

the Canadian Armed Forces and the New Zealand Defence Force. The 2009 Chiefs of

Service Committee Agendum proposed that the requalification occur at a 36-month internal

and this may be appropriate, but would need to be assessed over time. A system of

certification and proficiency monitoring would need resourcing and the nature of this

personnel requirement will need to be assessed by the Implementation Team in consultation

with the Military Law Centre and Service Training Authorities.

39. Monitoring of proficiency attainment and maintenance of those proficiencies should

be PMKeyS (Defence One) reportable. Self-monitoring of skills requirements and

requalification training would be enhanced by a refresh and modernisation of the online

Campus courses as discussed above. As with the design and development of the Job Task

Profiles proficiency training packages, this initial activity to make Campus training

contemporary and relevant would come with a resource burden that would have to be

addressed.

Annex C to Summary Discipline System Review Report

17 November 2017

Recommendation 4: Director General ADF Legal Services, Military Law Centre, Service

personnel and training authorities to consider a mechanism to ensure qualifications gained on

a discipline / military justice training courses are refreshed or recertified to ensure currency of

knowledge.

Recommendation 5: Director General ADF Legal Services, Military Law Centre in

conjunction with Defence Learning Branch review the suite of Campus discipline / military

justice training courses to validate currency and update as necessary to facilitate self-paced

learning or requalification.

40. The Governance Manual directs the Military Justice Training Policy Owner to

‘incorporate changes into competency units required by developments or changes in

discipline and administrative law, and advise the Service training authorities of these changed

competencies’. In keeping with the proposal that the Training Policy Owner undertake the

design and development phases of discipline training, it is therefore appropriate for the

Military Justice Training Policy Owner to also take the lead on incorporating changes in

discipline and administrative law into the joint training packages they design and updating

Job Task Profiles and proficiencies as necessary. This function will become critical as the

recommended changes to the SDS are rolled-out and the training needs of the workforce

evolve.

Recommendation 6: Military Justice Training Policy Owner to be responsible for

incorporating changes in discipline and administrative law into the design of joint training

packages and updating Job Task Profiles and proficiencies as necessary.

41. The recommendations above are essentially a re-baselining exercise to reinvigorate

the competency framework, to strengthen the role of the Military Justice Training Policy

Owner as the technical authority for discipline / military justice training, to centralize and

coordinate the design and delivery of training packages, and to rebuild confidence in the

integrity of the training system. While there are extant training resources that can be

leveraged to provide an interim training capability, the longer term viability of such a training

system will require effort, oversight, and ongoing review and evaluation. This process is

likely to require additional resources to support the Military Justice Training Policy Owner /

Military Law Centre and is a matter for further exploration by the Implementation Team.

42. The training provided to ADF personnel in military administrative law, while not

part of this Review, should be considered in any future ‘legal’ training management

framework as it does form part of the Military Justice training continuum.

Recommendations – Governance

43. As with the discussion above regarding training design, development and delivery,

the situation regarding training governance can be rectified without the need to ‘reinvent the

wheel’. The Governance Manual and the principles upon which the Manual is based, the

Defence Learning Environment governance framework, and elements of the Chiefs of Service

Committee Agendum 13/09 provide a solid foundation from which to build, or rather re-build,

a rigorous and accountable training governance framework.

44. Commander Australian Defence College is currently reviewing the Defence training

management framework with a view to expanding it to include a governance mechanism for

common training. The inclusion of discipline / military justice training into a Defence

governance framework is recommended, as was previously agreed by the Services and

Director General ADF Legal Services in 2012. The initial work undertaken by the military

Law Centre to overlay the Defence Learning Manual’s Systems Approach to Defence

Annex C to Summary Discipline System Review Report

17 November 2017

Learning onto a future military justice / discipline training model will provide the foundation

for a future, contemporary governance framework.

Conclusion

45. Given the fundamental role of training in the effective operation of the ADF’s

discipline system, the Review Team believes that consistency and timeliness of training is

essential. This is not currently the case, although there are pockets of excellence and

commitment in the field and exemplars that could be used across the ADF. Effective

application of the DFDA requires consistent training packages to be delivered face-to-face

and online. These packages should be maintained under the technical auspices of Director

General ADF Legal Services, delivered by the Services to meet their individual and unique

requirements, but within a common training framework. Pre-command training needs

special attention to meet the unique needs of those posted to command positions with greater

input from experienced commanders in developing the course content and course delivery.

To achieve this outcome, a command-experienced officer should be posted to the military

Law Centre.

A Simplified Future

46. If the current structure and processes of the SDS as it is today are revised and

simplified following the SDS Review, the training element of the future system can also be

simplified, with substantial reductions in the personnel load and training requirements.

Transitioning training to the recommended SDS will need to be supported by additional

resources to assist the Military Law Centre design and develop appropriate training packages.

The design of the future training system will have to occur in parallel with the design of the

future summary discipline system to ensure the link between training and effect is not

compromised.

Appendix:

1. Discipline Training Courses being delivered in 2017

APPENDIX 1 TO

DEFENCE FORCE

DISCIPLINE TRAINING ANNEX

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Fact Finding in

Incident

Management

MLC Supervisors of

ADF members

both ADF and

APS; persons

directed to

undertake fact

finding

To have the knowledge

of how to conduct fact

finding, including an

understanding of how

and when to take

formal, recorded

statements; how to

weigh evidence; and

how and when to

provide procedural

fairness

Military Law Centre /

Online via Campus

LTM2 Military

Discipline Law

MLC ADF Legal

officers

8 elements in this

module relating to

the history and

development of

Australia’s military

discipline / military

justice system

including the distinct

phases of an

investigation, the role

of prosecutorial

discretion in relation

to laying charges,

punishments under

MLC/MLC

A-2

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

the DFDA

LTM2 Military

Legal Practice

MLC ADF legal

officers

4 elements in this

module one of which

is: develop the

capacity of ADF

legal officers to

prepare and deliver

legal training in a

variety of contexts

MLC/MLC

DFDA Hearings:

Summary

Authorities and

Discipline

Officers

(DVD)

MLC ADF members as

they progress

through the ranks

and take up new

discipline

appointments and

roles

Designed to assist in

ensuring a fair and just

discipline system in the

ADF

Army Learning

Production Centre DVD

for Military Law Centre

to support instructor-led

training of ADF

members

Unit Level

Discipline

Appointments

(DVD)

MLC Uniformed

members of

various ranks

who are

appointed to

undertake roles

related to unit-

level disciplinary

action

Provides blueprints for

the various roles related

to unit-level discipline

and an outline of the

requirements associated

with the appointments

8 training modules

covering:

Summary

Authority

Prosecuting

Officer

Defending

Officer

Clerk

Recording

Officer

Army Learning

Production Centre DVD

for Military Law Centre

to support computer-

based learning

A-3

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Investigating

Officer

Discipline Officer

Relevant Officer

Military Justice

Awareness

Seminar

IGADF All ADF

members

To provide ADF

members with a basic

overview of the

military justice system,

to explain its purpose,

and to provide some

basic guidance to ADF

members on how to

deal with problems that

they may encounter

with the military justice

system

Defence and

Strategic Studies

Course

CDSS

(ADC/

VCDF)

senior military

and civilian

officers with the

potential for

further

advancement and

who are in or

likely to move

into strategic

command,

planning and

decision-making

It aims to develop the

knowledge and skills

that senior leaders

require to operate

successfully at the

strategic level in the

complex contemporary

security environment.

The course is a one

year accredited study

program that focuses on

the role of the senior

Block 4. Higher

Command and the

conduct of Joint,

Multi-agency and

combined operations.

Learning outcomes

relating to ‘higher

command and

military strategic

leadership including

the impact of

international law, law

Unknown / Unknown

A-4

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

roles Australian security

practitioner.

of armed conflict,

relations with the

media and ethical

considerations on

senior leaders

decision-making…’

Operate within

the ADF military

justice system /

understand ADF

military justice

system

ADFA Year one

Familiarisation

Training – Navy

Midshipmen

An awareness /

introduction to the

ADF’s military justice

system to ensure

midshipmen

undertaking YOFT

have a basic

understanding

ADFA/ADFA

Operate within

the ADF military

justice system /

understand ADF

military justice

system

ADFA Year one officer

cadets and

midshipmen –

Semester One

There are 9 modules

in this AMET

program:

- describe incident

reporting and

commanders fact-

finding

- describe the

discipline officer

scheme

- describe discipline

officer infringements

-respond to an

infringement notice

AMET = Academy

Military Education and

Training

Understanding of some of

the elements of these

modules is tested via an

online exam

A-5

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

-describe the

principles of

administrative

decision making

-describe

administrative

sanctions

-respond to a Notice

to Show Cause

-describe the system

of administrative

inquiries in the ADF

-describe the

mechanism for

complaints and

dispute resolution in

the ADF

Operate within

the ADF military

justice system /

understand ADF

military justice

system

ADFA Year one officer

cadets and

midshipmen –

Semester Two

There are 7 modules

in this AMET

program:

-describe proving

service offences

-describe service

offence

investigations

-describe service

tribunals and

summary proceeding

A-6

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

participants

-describe summary

proceedings

-prepare a D4 record

of proceedings

-describe

punishments

available under the

DFDA

-describe reviews,

petitions and appeals

Operate within

the Military

Justice System

ADFA Year two officer

cadets and

midshipmen –

Semester Two

There are 3 modules

in this AMET

program:

-interpret the military

justice system

-provide basic advice

to an infringed

member

-provide basic advice

on a Notice to Show

Cause

Pre-lesson revision and

learning occurs using the

ADFA LMS, ADELE.

Understanding of some the

elements of these modules

is tested with a quiz and an

online exam

Operate within

the Military

Justice System

ADFA Year three officer

cadets and

midshipmen

There are 4 modules

in this AMET

program:

-interpret the military

justice system

-provide basic advice

Pre-lesson revision and

learning occurs using the

ADFA LMS, ADELE.

The learning outcomes of

2 of these modules are

A-7

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

to a charged member

-provide basic advice

on dispute resolution

-conduct

commander’s fact

finding

supported by role-playing

Do You

Understand: A

look at the

Defence Force

Corrective

Centre (DFCE)

(DVD)

OIC

DFCE

Personnel who

are at risk of

being sent to

DFCE??

To provide an overview

of the procedures and

corrective training

regimes used at the

DFCE, and to explain

the consequences of

certain breaches of

Defence rules and

regulations

Army Learning

Production Centre DVD

for OIC DFCE

Recruit Course RAAF Initial Airmen

enlisted to the

RAAF

2.5hr discipline law

training (Service

tribunals, common

offences/punishments

/discipline officer

scheme/rights of an

accused)

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development

1RTU (Implement)

Delivered by WOD

Military Skills

Instructor (MSI)

RAAF Airmen identified

as potentially

suitable for

remuster to MSI

1.5 days Prosecuting

and Defending

Officer training

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

A-8

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

(LAC and above) 1RTU (Implement)

Delivered by LEGALO

Warrant Officer

Disciplinary

(WOD)

RAAF Airmen identified

as potentially

suitable for

remuster to WOD

(SGT and above)

Apply the provisions of

the Defence Force

Discipline Act (DFDA)

120hr DFDA

training/assessment.

Covers role of

discipline,

investigations, trial

procedure, offences,

trial procedure,

reviews and

Discipline Officer

scheme.

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

1RTU (Implement)

Delivered by LEGALO

This course will be sunset,

and will be replaced with a

SQNWOFF and Base

WOFF course – content

will be similar, but

Analysis work still to be

completed.

Corporal

Residential

Course (PMET)

RAAF RAAF Corporal The aim of the Corporal

course is to, through

education; equip

Corporals with the

knowledge and skills

necessary to deliver an

Air Force of influence.

This knowledge and

skills will lead to an

understanding of Air

Force’s strategic

environment through

mastery of Airpower,

Military Management,

Communication,

Leadership and Values

Overview of

discipline law,

common offences,

service tribunals,

punishments,

reviews, Discipline

Officer scheme.

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

SPS (Implement)

Delivered by LEGALO

A-9

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

& Ethics

Sergeant

Residential

Course (PMET)

RAAF RAAF Sergeant The aim of the course is

to graduate Senior Non-

Commissioned Officers

with the knowledge,

skills and attitudes for

effective performance

at SGT rank

Provide advice on

aspects of service

discipline law

Revise discipline law

concepts

(jurisdiction,

common offences,

Discipline Officer

and service

tribunals), procedures

applying to offenders

in custody,

preparation of

statements for

disciplinary

proceedings, post-

tribunal processes,

reviews

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

SPS (Implement)

Delivered by LEGALO

Flight Sergeant

Residential

Course (PMET)

RAAF RAAF Flight

Sergeant

The aim of the course is

to graduate Senior Non-

Commissioned Officers

with the knowledge,

skills and attitudes for

effective performance

at FSGT rank

Nil (admin law

focus)

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

SPS (Implement)

Delivered by LEGALO

Whilst no ‘structured’

discipline training is

delivered, during Q&A the

LEGALO will answer

questions raised by

students on issues of

discipline law which

happens usually on each

course.

Warrant Officer

Residential

RAAF RAAF Warrant

Officer

The aim of the course is

to graduate Warrant

Discipline Officer

scheme

CDR AFTG

(Analysis/Design)

A-10

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Course (PMET) Officers with the

knowledge, skills and

attitudes for effective

performance at WOFF

rank

Describe the powers

and procedures

associated with

discipline officer

proceedings

Managing sub-

standard performance

or conduct

COMDT RAAFCOL

(Development)

SPS (Implement)

Delivered by LEGALO

Initial Officer

Course

RAAF Initial Officers’

appointed to the

RAAF

Introduction to MJ,

Decision to charge,

common offences,

investigations,

drafting

charges/infringement

s, service tribunals,

punishments,

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

OTS (Implement)

Delivered by LEGALO

Scenario exercise on

providing advice to a

subordinate used to

consolidate

Specialist

Reserve

Induction Course

RAAF Specialist

Reserve Officers

initially

appointed to the

RAAF

Apply the military

justice system in the

role of a junior officer –

explain the military

justice system

Purpose of the MJ

system, outline of

military discipline

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

OTS (Implement)

Delivered by LEGALO

Undergraduate RAAF Undergraduates Apply the military Purpose of the MJ CDR AFTG Course is undertaken at

A-11

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Familiarisation

Course

appointed into the

RAAF.

justice system in the

role of a junior officer –

explain the military

justice system

system, outline of

military discipline

(Analysis/Design)

COMDT RAAFCOL

(Development)

OTS (Implement)

Delivered by LEGALO

the commencement of the

UGRAD sponsorship

period

Flight Lieutenant

Residential

Course (PMET)

RAAF RAAF Flight

Lieutenant

Provide advice on

aspects of service

discipline law

Describe the powers

and procedures

associated with

discipline officer

proceedings

Describe the powers &

procedures associated

with arrests

Revise basic

discipline concepts,

trial procedure, post-

tribunal procedures,

Discipline Officer

Scheme, powers of

arrest

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

SPS (Implement)

Delivered by LEGALO

Squadron Leader

Residential

Course (PMET)

RAAF RAAF Squadron

Leader

to develop the

knowledge, skills and

attitudes for effective

performance at

SQNLDR rank

Summary Authority

awareness/current

issues, Discipline

Officer scheme

CDR AFTG

(Analysis/Design)

COMDT RAAFCOL

(Development)

SPS (Implement)

Delivered by LEGALO

Students participate in a

practical exercise with

other SMEs (ie ASMR,

PERSBR-AF, etc) relating

to the management of staff

Commander’s

Seminar

RAAF Officers selected

for command

appointments

To provide officers

selected for command

with the necessary

3-day Military Justice

Training module to

provide officers with

CAF directed content.

SPS facilitated. MLC

develop and present

Use of DFDA Hearing

DVD for practical

simulated DFDA hearing

A-12

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

(O4/O5/O6) skills and information

to aid them to manage

the demands and

challenges of command

a sound working

knowledge

administrative law

and discipline law

responsibilities and

obligations. Covers

topics such as

jurisdiction,

investigations, trial

procedure, evidence,

punishments, reviews

and Discipline

Officer scheme.

material (LEGALO

delivered)

process and procedures.

Currently two days

discipline law, one day

administrative law

Personnel

Capability

Officer Initial

Course

RAAF Initial

Employment

Training for

Officers

appointed as

PCOs

Awareness training -

Discipline

appointments,

common offences,

service tribunals,

punishments,

CDR AFTG

(Analysis/Design)

OC GTW (Development)

RAAFSALT

(Implement)

Delivered by LEGALO

Only an awareness of

issues is provided.

Prosecuting and

Defending

Officer

RAAF RAAF Sergeant

to Flight

Lieutenant

Roles of a PO/DO,

common offences,

evidence, trial

procedure, preparing

a case

Ad hoc – delivered by

local LEGALO

Summary

Authority

Awareness

RAAF RAAF Flight

Lieutenant to

Squadron Leader

Overview of trial

process, common

issues/trends in

summary authority

Ad hoc – delivered by

local LEGALO

A-13

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

matters

CO/XO

Designate

Course

Navy Officers selected

for CO and XO

positions of ship

and shore units

This course aims to

provide Commanding

Officers and Executive

Officer Designates

with:

-an appropriate

framework upon which

to base their mental

preparation for

command,

-adequate knowledge to

effectively manage and

implement policy,

regulations and

requirements relevant

to command, and

-competencies, skills

and the understanding

necessary to achieve

and maintain

operational capability.

3.5 day Military

Justice Module

MLC / Navy Training

Authority Maritime

Warfare

Pre-course recommended

reading list includes the

DLM

Unit Discipline

Officer

Navy -

ITLM

LIET, NOLC2,

WOPC

Enable personnel to

fulfil the role of a unit

discipline officer. They

will be aware of the

limitations of the

discipline office

Navy Legal Officer

A-14

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

scheme, why the

scheme is used and the

powers of punishment

available

Make

Administration

Decisions Work

Shop

Navy -

ITLM

LCPC To enable personnel to

make administrative

decisions within and

outside of the military

justice system, be

familiar with the

limitations and

processes of the

military

administrative system

and be able to both

interpret relevant

reports and conduct

research as required.

Defending

Officer

Navy -

ITLM

NOLC2,

LIET,CPOPC,

POPC

Enable trainees to

perform the role of

defending officer for

both guilty and not

guilty pleas, be familiar

with the processes of a

summary authority

proceeding, research

and prepare a case,

enable them to conduct

A-15

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

witness examinations

and

prepare all relevant and

necessary

documentation.

Introduction to

Military

Discipline

Navy -

ITLM

NEOC, LIET,

REOC,

UEOC,GSDR

To give personnel an

introduction to and

understanding of the

military justice system

used in the AD.F

Locally delivered

training

Army Extent and locations

unknown

Pre-Command

Course

Army All officers

selected to

undertake a

command

position

The purpose of the PCC

is to prepare designated

officers for formation

command, unit

command and selected

independent sub-unit

command with a view

to revise and update

selected personnel in

topics of operations and

corporate governance,

as well as current

command, leadership

and management

issues.

Land Warfare Centre Delivered before, or

immediately upon, taking

up command post

A-16

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Army GSO

Course

Army Direct Entry

GSOs

There are 15 relevant

modules in the GSO

initial course:

- Apply Service

discipline law

- Explain the

structure and

application of service

discipline law

- State the content of

service law manuals

Charging service

offences

- Explain types of

summary authorities

and the discipline

officer scheme

- Explain types, scale

and limitations of

punishments

- Identify framing of

charges and summary

authorities

- Revise Service

discipline law

- Explain jurisdiction

- Explain

investigation of

A-17

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

service offences

- Explain custody and

search procedures

- Explain framing

and compiling of a

charge report

- Explain the law of

evidence

- Explain and

demonstrate a

summary proceeding

-Explain the post-

trial procedures.

All-Corps

Officer Training

Continuum

(ACOTC) – 2

relevant courses

All Corps

Captains Course

(ACCC)

All Corps Majors

Course (ACMC)

CLMT

Army Army Captains

and Majors

ACCC: to prepare

personnel for the duties,

functions and tasks of

the All Corps Captain

employed as a sub-unit

second-in-command or

as a Grade 3 Staff

Officer in a unit or on a

formation headquarters.

Support the

maintenance of military

justice in a subunit and

unit.

ACMC CLMT: to

prepare personnel for

Officer Training Wing /

RMC / Land Warfare

Centre

ACCC pre-course study

requires completion of

Campus modules:

- ULDA Investigating

Officer

- ULDA Discipline Officer

- Fact Finding Incident

Management

ACMC pre-course study

requires completion of

Campus modules:

- Summary Authority

Familiarisation and

Refresher

- IGADF Trained Inquiry

A-18

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

the duties, functions

and tasks of the All

Corps Major employed

as a sub-unit

commander or as a

Grade 2 Staff Officer in

a unit or on a formation

headquarters. Modules

on the Military Justice

System and

administrative decision-

making.

Officer

Army Recruit

Course

Army Initial trainees Introduction to military

discipline and the

DFDA

Three relevant

modules:

- Explain military

DFDA and common

military offences

- Explain the

discipline officer

system

- Explain the powers

of arrest, charging,

rights of the accused

and SUBSA/CO

powers

RMC / Land Warfare

Centre

Army Corporal

Course

Army On promotion

corporals -

mandatory

To prepare Army

personnel for the

responsibilities of a

There are five

relevant modules:

- Apply the military

A-19

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

team leader and to

develop the skills,

knowledge and

attitudes required to

apply service discipline

and the provisions of

the DFDA in the

regular army

justice system

- Apply the

fundamentals of

service discipline law

- Complete service

discipline law

processes

- Describe summary

authority processes

- Perform the duties

of a relevant officer

within the discipline

officer scheme

Army Sergeant

course

Army On promotion

Sergeants -

mandatory

There are three

relevant modules:

- Apply the military

justice system

(including perform

the duties of a

prosecuting and

defending officer at

service tribunals)

- Prepare the

prosecution and

defending officer

case for a service

tribunal

Warrant Officer & Non-

Commissioned Officer

Academy / Land Warfare

Centre

A-20

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

- Produce a defence

incident record

Regimental

Sergeant Major

Course

Army WO1 and WO2

who have been

selected for

appointment as

an RSM

To qualify selected

warrant officers in the

all corps requirements

of Command,

Leadership,

Management,

Operations and

Training for their first

appointment as a

Regimental Sergeant

Major

There are five key

strands to the course

including,

‘Enhancement of

responsibilities

related to the military

justice system’ with

two specific

modules:

- Apply the military

justice system

- Apply the military

justice system at unit

level

Warrant Officer & Non-

Commissioned Officer

Academy / Land Warfare

Centre

Subject One for

Warrant Officer

Sergeants To qualify personnel in

the all corps

requirements of

command, leadership,

management,

operations and training

for the rank of Warrant

Officer

There are five

modules to this

course with the

Command module

featuring:

- Provide DFDA

advice for the

conduct of a SUBSA

summary

proceedings

- Perform the court

clerk duties for

Warrant Officer & Non-

Commission Officer

Academy / Land Warfare

Centre

Pre-course study includes

completion of Campus

modules:

- ULDA Prosecuting

Officer

- ULDA Defending

Officer

- ULDA Relevant Officer

A-21

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

SUBSA summary

proceedings

- Perform the post-

SUBSA hearing/trial

administration as a

court clerk

- Conduct a

discipline officer

hearing

- Conduct an

administrative

inquiry

Service Police

Officer Basic

Course –

Common

Defence

Force

School

of

Policing

ADF police

(regular and

reserve)

To train selected

officers in the planning,

command and control

of Service Police

operations in a variety

of operational contexts

including Joint,

Combined and single

Service environments.

The course has three

phases: Common,

Service Police

Investigations and

Operations. Within

these phases are

selected modules that

relate to the

investigative

elements /

requirements

necessary to support

the ADF legal

/discipline system

DFSP / Police Training

Wing

Oversight by the Service

Police Training Advisory

Group (SERPOLTAG) in

the design, develop,

conduct and evaluation of

joint Service Police

training

Service Police

Initial

Defence

Force

ADF Service

Police Trainees /

To qualify selected

personnel as SPs for

The course has three

phases: SPIET

DFSP / Police Training

Wing

Prerequisite training – a

range of Campus courses

A-22

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Employment

Training

School

of

Policing

trade transfers

(PTE(E)-SGT(E))

further employment

within their respective

Service’s SP capability

Common, SPIC and

Army and Navy

Single Service

components. Within

these phases are

selected modules

relating to the legal

framework of Service

policing, the DFDA,

DLM Vol3,

investigating officer

responsibilities,

operations law and

the summary

discipline system

to ensure a baseline /

common understanding :

- Classified document

handling

- Conducting

Administrative Inquiries

- ULDA – Summary

Authority

- ULDA – Clerk

- ULDA – Defending

Officer

- ULDA – Discipline

Officer

- ULDA – Investigating

Officer

- ULDA – Prosecuting

Officer

- ULDA – Relevant

Officer

Forces

Command Legal

Branch Tools

and Resources

Website

Army All personnel A one-stop shop for

news, templates and

training for all

aspects of military

law including:

Forces Command HQ,

Legal Branch

Web link:

http://legacy/TeamWeb20

10/ARMY/forcomd/hqforc

omd/legal/default.aspx

A-23

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

- Admin Law

- Discipline Law

- Operations Law

- General Law

- Legislation Library

- Policy and Doctrine

Library

ULDA – Clerk MLC All ADO

Personnel

Prepare personnel

tasked with carrying

out the role of a Clerk

Online Campus Module

ULDA –

Defending

Officer

MLC All ADO

personnel

Prepare personnel

tasked with carrying

out the role of a

Defending Officer

Online Campus Module

ULDA –

Discipline

Officer

MLC All ADO

Personnel

Prepare personnel

tasked with carrying

out the role of a

Discipline Officer

Online Campus Module

ULDA –

Investigating

Officer

MLC All ADO

Personnel

Prepare personnel

tasked with carrying

out the role of an

Investigating Officer

Online Campus Module

ULDA –

Prosecuting

Officer

MLC All ADO

Personnel

Prepare personnel

tasked with carrying

out the role of a

Prosecuting Officer

Online Campus Module

ULDA – MLC All ADO Prepare personnel Online Campus Module

A-24

Course Name /

Training

Support

Service /

Sponsor

Target Audience Learning Outcomes /

Intent

Relevant Modules /

training packages

Designed by / Delivered

by

Comments

Summary

Authority

Personnel tasked with carrying

out the role of a

Summary Authority

ULDA –

Relevant Officer

MLC All ADO

Personnel

Prepare personnel

tasked with carrying

out the role of a

Relevant Officer

Online Campus Module