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ADF LEGAL SERVICES
LTM 1 CONSOLIDATION TASKS
Each task requires the student to review a real document (D) or observe a real activity (A) and then write a 200–300 word report for the student’s supervising legal officer explaining the critical points the student observed[1]. The purpose of the report is to show both comprehension and application of legal issues in the workplace.
DISCIPLINE LAW
No. / Document or Activity / COMMENT[2](D): C1 Infringement Notice / Read Chapter 5, Volume 3, ADFP 06.1.1 DLM.
(D): Brief of evidence / Need not be a service police brief of evidence. Read DI(G) ADMIN 45-2 The reporting and management of notifiable incidents, Chapter 4 (incl. Annex A) Chapter 9, Volume 3, ADFP 06.1.1 DLM.[3]
(D): C2 Charge Sheet and Action Report / Report is to include an examination of the elements of a charge taken from the DLM. Read Chapter6, Volume 3, ADFP 06.1.1 DLM.
(A): Summary authority trial / Read the Summary Authority Rules and Chapters7 and 8, Volume 3, ADFP 06.1.1 DLM.[4]
(D): D4 Record of proceedings
(D): Section 154 report of a summary proceeding / Preferable that this task relates to the trial observed. Read Chapter11, Volume 3, ADFP 06.1.1 DLM.
ADMINISTRATIVE LAW
No. / TASK / COMMENT(D): Defence Incident Record / Read Interim Defence Instruction Administration 45–2 and Incident Reporting and Management Manual
(D): Terms of Reference for an Inquiry / Read Annexes 3E-3H,Administrative Inquiries Manual
(D): Inquiry report / Read Chapter4,Administrative Inquiries Manual.
(D): Legal report of an inquiry report / Read DGADFLS Update 3/2015 and Joint Directive 41/2015.
(D): NTSC for administrative sanction / Read Good Decision-Making in Defence: A guide for decision-makers and those who brief them in particular
Chapter 4 (Procedural Fairness),
Chapter 3 (Fact Finding) &
Chapter 2 (paragraphs 2.20-2.24 Bias and conflict of interest),
(D): Statement of reasons for a decision on administrative sanction / Read Good Decision-Making in Defence: A guide for decision-makers and those who brief them, Chapter7 (Statement of Reasons),
(D): Application for redress of grievance or a response by a decision maker. / Read Chapter 6 Complaints and Resolutions Manual and Chapter10 (Reviewing Decisions), Good Decision-Making in Defence: A guide for decision-makers and those who brief them
OPERATIONS LAW
No. / TASK / COMMENT(D): Standing ROE and operation-specific ROE.
Alternative if legal officer does not hold a Secret clearance
(D) International Institute of Humanitarian Law, Rules of Engagement Handbook / Read ADDP 06.1 Rules of Engagement.
(D): Orders for Use of Force Card / Operational or exercise
(A): LOAC, ROE, OFOF or Boarding Party brief. / Brief must be delivered by a LL3 (or above) legal officer.[5] Brief may be at tactical, operational or strategic level, but must be in an operational or exercise context.
(D): WARNORD, OPORD, OPINST, FRAGO / Read Part 3 ‘Operational Documents’ ADFP 102Defence Writing Standards.
Identify and read the ADDP of most relevance to the operation or exercise to which the operational documents relate.
23 Jan 17
[1]See footnotes to paragraph 6 of the Policy.
[2]In the ‘Comment’ column the documents to ‘read’ are background material to support completing the task. Reading those documents is not the task itself.Where relevant, the report may make reference to thebackground material identified in the ‘Comment’ column.
[3]Designed to inform the student of the extent of ADF jurisdiction and the role of Defence Investigative Authorities vs the role of unit level investigations.
[4]Designed to inform the student of the simplified rules of evidence applicable to summary authority trials.
[5]This need not be the student’s supervising legal officer. Ideally the student will also have observed the steps leading up to the preparation of the document, but that is not an essential component of the tasks.