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17 May 18
ADF LEGAL OFFICERS’ SPECIALIST OFFICER
CAREER STRUCTURE (LOSOCS) POLICY
INTRODUCTION
1. To be a Legal Officer in the Australian Defence Force (ADF) one must:
a. be appointed as an officer in one of the three single Services;
b. be admitted as a lawyer, legal practitioner, barrister, solicitor or barrister and
solicitor of the High Court or the Supreme Court of an Australian State or
Territory; and
c. be a member of the Legal Officers’ Specialist Officer Career Structure
(LOSOCS) or
d. make an application to the Legal Officer Career and Professional
Development Committee (LO CPDC) to be recognised as a Legal Officer for
a period of up to three (3) years and that application is approved by the LO
CPDC.
2. Legal Officers in the ADF are subject to the technical control and professional
administrative oversight of the Director General ADF Legal Service (DGADFLS). This
technical control and professional administrative oversight by the DGADFLS will be
exercised with advice from the head of Corps/Category (HOC) and in consultation with Head
Defence Legal (HDL)1.
Background
3. The ADF sought the establishment of the LOSOCS to improve retention rates of
Legal Officers by ensuring recognition of specialist skills and remuneration which was
consistent with market value. In 2000 the Defence Force Remuneration Tribunal (DFRT)
approved the introduction of the LOSOCS from 16 Mar 00 and the formation of the Legal
Officer Career and Professional Development Committee (LO CPDC). For Legal Officers
serving in the ADF as at 16 Mar 00 transfer to the LOSOCS was optional for those in the
permanent force2 and automatic for those in the reserve forces.
4. Since that time there have been various decisions of the DFRT which update and
develop the original LOSOCS. DFRT decisions relevant to the LOSOCS are at the DFRT
Decisions & Determinations link of the ADF Legal Officer Career Management page
http://www.defence.gov.au/legal/CareerManagement/.
5. The creation of the LOSOCS saw the introduction of legal levels (LL, sometimes
referred to as CL) which range from LL1 to LL5. Legal Officers serving in the ADF as at 16
Mar 00 were transferred to the LOSOCS at a specific LL by their Service career/personnel
1 On 26 May 09 the Chiefs of Staff Committee (COSC) agreed to implement recommendation 30 of the
Report of the Independent Review on the Health of the Reformed Military Justice System (the Street Fisher
Report). Recommendation 30 states: Professional Rules for ADF legal officers be introduced with technical
control and professional administrative oversight by the Director General ADF Legal Services on advice from
head of Corps/Category and in consultation with Head Defence Legal. 2 Only one legal officer in the permanent force has chosen not to transfer to the LOSOCS.
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manager (CM). The LL on transfer was based on a recommendation made by the LO CPDC
for the officer to be deemed at a particular LL taking into account the Legal Officer’s rank,
experience and qualifications.
6. Linked with advancement from LL1 to LL5 are the training, Service and promotion
requirements associated with being an officer in one of the single Services. Further details
are available from the relevant single Service CM.
Responsibilities
7. In addition to their normal responsibilities as a military officer, each individual Legal
Officer is responsible for:
a. nominating for and satisfactorily completing appropriate courses, duties and
tasks to satisfy the various LOSOCS advancement criteria; and
b. making timely LOSOCS advancement applications to the LO CPDC.
Content
8. This policy covers:
a. Becoming a member of the LOSOCS – Part A;
b. Legal Levels, Legal Level advancement and Promotion in rank – Part B;
c. Legal Training and Academic qualifications – Part C; and
d. The LO CPDC, including applications and reviews – Part D.
PART A – BECOMING A MEMBER OF THE LOSOCS
Avenues of Entry to LOSOCS
9. Only applicants who have been admitted as a lawyer, legal practitioner, barrister,
solicitor or barrister and solicitor of the High Court or the Supreme Court of an Australian
State or Territory (qualified applicants) and are, or have applied to be, appointed as an officer
are eligible to be a member of the LOSOCS. For detail concerning appointment as a Legal
Officer of one of the three single Services see the Legal Officer link in any of the three
Services on the Defence web site
http://www.defencejobs.gov.au/search/?q=Legal+Officer. Applicants may become
qualified to be a member of the LOSOCS through a variety of avenues, not all of which are
necessarily utilised by each of the Services. Opportunities to become a Legal Officer are
dependent upon the needs of the Services. The avenues by which applicants may become
eligible to be a member of the LOSOCS are:
a. appointment as a Legal Officer in the ADF through the Undergraduate
Scheme;
b. appointment as a Legal Officer in the ADF by a qualified applicant with no
previous military experience;
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c. appointment as a Legal Officer in the ADF by a qualified applicant with
previous military experience through:
(1) re-appointment following resignation;
(2) inter-service transfer;
(3) appointment following service in the military forces of another
country; or
d. appointment as a Legal Officer in the ADF by a qualified applicant via intra-
service transfer from another employment category (permanent or reserves)
or commissioning (generally following Civil Schooling sponsorship).
10. Qualified applicants seeking to become a member of the LOSOCS must complete the
appropriate form3 and lodge the request with the Secretary of the LO CPDC4. Where possible
the request to become a member of the LOSOCS should be made as soon as practical after
the applicant has been successful in the application for entry as a legal officer to the single
Service. The LO CPDC will consider the request to join the LOSOCS and make a
recommendation to the appropriate Service CM.
Appointment and Transfer Conditions
11. Appointment as a Legal Officer in the ADF through the Undergraduate Scheme.
Subject to the individual terms of appointment offered by each Service, successful
undergraduate applicants are normally appointed in the rank of midshipman or officer cadet
until successful completion of degree studies after which they will be promoted to the O01
rank5. Potential Legal Officers who have completed degree studies normally are required to
complete a Graduate Diploma in Legal Practice to be admitted as a legal practitioner, barrister
or solicitor. Once arrangements have been made to meet admission requirements, potential
Legal Officers must request to join the LOSOCS in order for the LO CPDC to make a
recommendation as to rank and seniority. This recommendation will be based on recognition
of the member’s prior experience as outlined in paragraphs 17 – 22. Upon admission and
subject to approval by the CM delegate, the Legal Officer will be granted LL1 status and
promoted to the O02 rank6.
12. Appointment as a Legal Officer in the ADF by a qualified applicant with no
previous military service. Subject to the individual terms of appointment offered by CMs,
where a lawyer seeks a direct entry appointment and is considered suitable for appointment
as a Legal Officer by the LO CPDC and relevant CM, the applicant will be appointed at the
O02 or O03 rank7 (refer to paragraphs 17 – 22) and granted LL1 status. During service as a
LL1 Legal Officer the member will be required to undertake single Service Initial Officer
Training (IOT) and Legal Training Module (LTM) 1. Where a lawyer seeking a direct entry
appointment or transfer as a Legal Officer in the reserve forces has made an outstanding
contribution to the practice of a relevant area of law through distinguished contributions to
legal policy or practice and has attained peer and/or industry recognition as an authority in
their area of law and is considered suitable for appointment or transfer as a Legal Officer by
3 These forms at the LOCPDC Forms link of the ADF Legal Officer Career Management page
http://www.defence.gov.au/legal/CareerManagement/. 4 For further guidance on applications to the LO CPDC see paragraphs 69-71. 5 The O01 rank is either Acting Sub Lieutenant, Second Lieutenant or Pilot Officer. 6 The O02 rank is either Sub Lieutenant, Lieutenant or Flying Officer. 7 The O03 rank is either Lieutenant, Captain or Flight Lieutenant.
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the LO CPDC and relevant CM, the applicant may be appointed directly at the O03 or O04
rank8 and granted LL-B status. The LL-B applicant will still be required to complete LTM1
and some form of IOT as determined by the relevant CM delegate. Where a lawyer seeking
a direct entry appointment or transfer as a Legal Officer in the reserve forces has made a
singular contribution to the practice of a relevant area of law through original, innovative and
distinguished contributions to legal policy or practice and has attained peer and/or industry
recognition as an authority of national or international standing in their area of law and is
considered suitable for appointment or transfer as a Legal Officer by the LO CPDC and
relevant CM, the applicant may be appointed directly at the O03, O04 or O05 rank9 and
granted LL-A status. The LL-A applicant will still be required to complete LTM1 and some
form of IOT as determined by the relevant CM delegate.
13. Appointment as a Legal Officer in the ADF by a qualified applicant with
previous military experience. An officer or ex-officer of the permanent or reserve ADF
who is qualified to become a member of the LOSOCS may seek transfer or re-appointment
in the ADF and placement within the LOSOCS. Former Legal Officers in the ADF may be
re-appointed at the same rank and LL as that held prior to resignation. Officers and former
officers of the ADF, other than former Legal Officers, will be appointed with LL1 status
unless they have completed LTM1, in which case they may be appointed with LL2 status,
with rank, salary and seniority in rank and salary depending on prior experience (refer to
paragraphs 17 – 22). During service as a LL1 Legal Officer the member will be required to
undertake LTM1. Suitably qualified applicants of foreign military forces may also seek
appointment via single Service lateral recruitment programs. The suitability for appointment
or transfer of such officers will be considered by the LO CPDC and a recommendation made
to the CM. Appointment or transfer is not a right and is subject to Service requirements.
14. Where a qualified applicant other than a former Legal Officer in the ADF has previous
or current military experience, the LO CPDC may recommend that the officer is suitable for
appointment or transfer at a lower rank than that currently held by the officer or held by the
officer upon resignation. In most circumstances the maximum rank on re-appointment or
transfer will be O03 rank. In exceptional circumstances an officer or former officer who has
completed LTM1 may be appointed or transferred in the 004 rank. Officers who seek transfer
may obtain an ‘in-principle’ recommendation from the LO CPDC and CM regarding their
rank, seniority and LL status prior to making a formal application to transfer.
15. Appointment as a Legal Officer in the ADF by a qualified applicant via intra-
service transfer and commissioning. Officers who become eligible to become a Legal
Officer may seek transfer to the Legal Officer specialisation or Corps in their parent Service.
Such transfers may be effected between employment categories within the permanent force
or between the permanent and reserve parts of the Service and applicants will need to comply
with single Service transfer requirements. Enlisted members who are admitted may apply
for appointment (commissioning as an officer) to become a Legal Officer. Again applicants
will need to comply with single Service requirements. Qualified applicants who are
considered suitable for transfer or appointment as a Legal Officer by the LO CPDC and
relevant CM, will be appointed with LL1 status unless they have completed LTM1, in which
case they may be appointed with LL2 status, with rank, salary and seniority in rank and salary
depending on prior experience (refer to paragraphs 17 – 22). During service as a LL1 Legal
Officer the member will be required to undertake LTM1. Often intra-service transfer and
commissioning actions are linked to the completion of service-sponsored study such as civil
schooling (see below).
8 The O04 rank is either Lieutenant Commander, Major or Squadron Leader. 9 The O05 rank is either Commander, Lieutenant Colonel or Wing Commander.
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16. Lateral Transfers of Legal Officers from foreign military forces. To facilitate
lateral transfer of Legal Officers from foreign military forces with comparable legal systems,
a process of recognition of current competence against LOSOCS Skills Grades can be
applied.
16A. Policy Principles for lateral transfers of legal officers from foreign military forces are:
a. Competence - the ability to perform tasks and duties to the 'standard of
employment', including consistent application of knowledge and skill.
b. Standard of employment - is the Legal Levels as set within LOSOCS policy;
and
c. Recognition - is the determination of the skills and knowledge obtained by a
learner through previous training, work experience and/or life experience, in
combination with the individual’s ability to currently perform a task at a
determined level of competence.
17. Recognition of current competence against LOSOCS Skills Grades will be applied as
follows:
a. Applications are limited to proposed lateral transfers of Legal Officers from
Militaries with comparable legal systems and are to operate in conjunction with
single service policies for recruitment of lateral transfers.
b. Process:
(1) The CPDC Secretary will on request provide the applicant with a
description of the workplace standards for relevant Legal Levels.
(2) The applicant must apply to the CPDC for recognition of current
competency at an appropriate legal level with submission of evidence to
support the application.
(3) On receipt of the application and supporting evidence the CPDC Secretary
will seek DMLC recommendation on application.
(4) The CPDC consider application and DMLC recommendation.
(5) The CPDC may agree to recognition of current competence and
appointment at a particular Legal Level with or without conditions. A
recommendation is then made by the CPDC to the relevant service
personnel agency for consideration of conditions to be included in the
'Letter of Offer' to the proposed lateral transferee.
(6) On appointment of the office, the relevant HOC is to monitor compliance
with any CPDC recommended conditions imposed on the lateral transferee
and report to the career manager when the conditions have been met.
18. Civil Schooling. An ADF member may seek approval for civil schooling sponsorship
under extant Civil Schooling policy procedures to undertake or complete a law degree and/or
admission requirements in order to be eligible to become a Legal Officer. The suitability of
such a member to receive civil schooling will be considered by the CM; however advice from
the LO CPDC should be sought prior to granting approval.
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Recognition and Credit for Prior Experience
19. Legal Officers or potential Legal Officers may have their prior legal, paralegal and/or
military experience considered by the LO CPDC and CM when determining their rank, salary
and seniority in rank and salary upon appointment as a legal officer.
20. For the purposes of this instruction, the following definitions apply:
a. Legal experience means experience in legal matters as a person admitted as a
legal practitioner, barrister or solicitor of the Federal Court of Australia or a
Supreme Court of an Australian State or Territory; and
b. Paralegal experience means experience in legal matters as a person not
admitted to practice and includes experience as a legal clerk or articled clerk.
21. Credit Policy. Where a Legal Officer or potential Legal Officer with prior legal,
paralegal and/or military experience seeks recognition of such experience, the LO CPDC will
consider the relevance of the experience to the performance of duties as a Legal Officer in
the ADF. The LO CPDC may recommend the following levels of credit for rank, salary and
seniority in rank and salary upon appointment as a legal officer:
a. for prior Initial Officer Training – credit of 100%, up to a maximum of six
months;
b. for prior legal experience after admission – credit of 50%, up to a maximum
of three years for seniority in rank purposes and six years for seniority in
salary;
c. for prior paralegal experience – credit of 25%, up to a maximum of one year
for seniority in rank and salary, or, in the case where the prior paralegal
experience was gained whilst a member of the permanent force – credit of
25%, up to a maximum of 18 months for seniority in rank and salary
increment; and/or
d. for prior military service not otherwise considered – credit of up to 25%,
decided on a case by case basis, up to a maximum of one year;
provided that the maximum credit for seniority in rank purposes is three years and
for seniority in salary at LL2 is six years. Where the experience is part-time, the LO
CPDC will consider the full-time equivalent of the part-time experience.
22. In accordance with sub-paragraph 19.d., the LO CPDC may consider prior military
service not otherwise considered and grant credit up to a maximum of 25% where the LO
CPDC is satisfied that the previous military service will enable the Legal Officer to achieve
a demonstrated skill standard at a faster rate than Legal Officers who have no prior military
service. The previous military service will be considered relevant if it gives the member a
practical grasp or knowledge of command and personnel management in the military context
and a greater awareness of the military environment, such as weapons systems, employment
of weapons, the service discipline system, redresses of grievance, administrative inquiries,
administrative sanctions and contractual matters.
23. In determining credit for prior military service in accordance with sub-paragraph 19.d.
and paragraph 20, the LO CPDC will consider the following guidelines:
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a. 25% where the applicant gained relevant practical experience as an officer;
b. 20% where the applicant gained relevant knowledge as an officer;
c. 15% where the applicant gained relevant practical experience as a warrant
officer / non-commissioned officer ;
d. 10% where the applicant gained relevant knowledge as a warrant officer / non-
commissioned officer.
24. Having determined the level of credit, the LO CPDC will provide the CM delegate
with a detailed justification for the recommendation.
PART B – LEGAL LEVELS, LEGAL LEVEL ADVANCEMENT AND PROMOTION
IN RANK
Legal Levels
24A. The following LL have been approved.
a. LL1 – Trainee in Military Law
A LL1 legal officer will work under the close supervision of a LL3 or above legal officer and
is expected to develop their expertise in providing written and oral advice in operations law,
military administrative law, military discipline law and legal assistance, with an increasing
degree of autonomy.
A LL1 legal officer will contribute to the output of their office at a level appropriate to their
skills and experience. Their contribution will primarily be in general legal research and
drafting. They are not authorised to provide legal advice on behalf of the Commonwealth.
A LL1 legal officer will be admitted to the Supreme Court of an Australian State or Territory
and will hold a restricted practising certificate in an Australian State or Territory (exception:
judicial and quasi-judicial (tribunal) members).
b. LL2 - Supervised
A LL2 legal officer will work under the direct technical legal supervision of a LL3 or above
legal officer (in the same office or remotely) and is expected to develop their expertise in
providing written and oral advice in operations law, military administrative law, military
discipline law and advocacy, with an increasing degree of autonomy.
A LL2 legal officer will contribute to the output of their office at a level appropriate to their
skills and experience. Their contribution will primarily be in correctly applying the law and
policy to routine matters. A LL2 legal officer will provide independent legal assistance to
ADF members in areas appropriate to their skills and experience.
A LL2 legal officer will have completed LTM1 and will hold a restricted practising certificate
in an Australian State or Territory (exception: judicial and quasi-judicial (tribunal) members).
c. LL3 - Independent
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A LL3 legal officer will provide independent legal advice to unit commanders on operations
law, military administrative law and military discipline law, where that advice is consistent
with existing legal and policy understanding. They provide advice under the technical control
and professional oversight of a LL4 or LL5 legal officer, where their advice is reviewed for
precision.
A LL3 legal officer can identify inconsistencies in the law, conflicts between law and policy,
gaps in law and policy and opportunities for improvement to law, policy and/or practice. They
can propose solutions to identified issues for consideration by LL4 and LL5 legal officers.
A LL3 legal officer can be deployed on active duty overseas. A CL3 legal officer can
supervise paralegal staff and LL1 or LL2 legal officers.
A LL3 legal officer will have completed LTM1 and LTM2 and will hold a restricted
practising certificate in an Australian State or Territory (exception: judicial and quasi-judicial
(tribunal) members).
d. LL4 – Proficient Generalist
A LL4 legal officer will make a significant contribution to legal advice and legal policy
development within the Department of Defence in the areas of operations law, military
administrative law and military discipline law.
A LL4 legal officer will make original contributions to the resolution of inconsistencies in
the law, conflicts between law and policy, gaps in law and policy and opportunities for
improvement to law, policy and/or practice. They provide advice and legal policy
development under the technical control and professional oversight of a LL5 legal officer.
A LL4 legal officer can be deployed on active duty overseas in senior legal roles. A LL4 legal
officer can supervise legal officers LL3 and below, and will be expected to provide a
significant degree of leadership in mentoring and developing more junior officers within their
technical chain.
A LL4 legal officer will have completed LTM1, LTM2 and LTM3 and have a minimum four
years skill and experience as an independent legal adviser and as a supervisor. They will hold
a restricted practising certificate in an Australian State or Territory (exception: judicial and
quasi-judicial (tribunal) members).
e. LL5 – Legal Manager
A LL5 legal officer will provide leadership and foster excellence in legal advice and legal
policy development within the Department of Defence.
A LL5 legal officer will provide original and innovative solutions to the resolution of
inconsistencies in the law, conflicts between law and policy, gaps in law and policy and
opportunities for improvement to law, policy and/or practice. They will make a
commensurate contribution to the work of the Department of Defence.
A LL5 Legal officer will provide strategic level legal policy advice to senior members of the
Department.
A LL5 legal officer can provide legal technical and professional supervision to legal officers
LL4 and below.
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A LL5 legal officer will have completed LTM1, LTM2 and LTM3. Within a reasonable
period after attaining LL5, they will hold an unrestricted practising certificate in an Australian
State or Territory (exception: judicial and quasi-judicial (tribunal) members).
f. LL-B – Proficient Specialist (Reserve Only)
A LL-B legal officer will make an outstanding contribution to the practice of an area of law
in which expertise is required by the Department of Defence through distinguished
contributions to legal policy or practice in their area of expertise.
A LL-B legal officer will have attained peer and/or industry recognition as an authority in
their area of law. They will make a commensurate contribution to the work of the ADF.
A LL-B legal officer will hold a practising certificate (of any kind) in an Australian State or
Territory (exception: judicial officers). A LL-B legal officer will have successfully completed
LTM1 within 12 months of joining LOSOCS but will not be required to complete any LTM2
or LTM3 subjects.
g. LL-A – Expert (Reserve Only)
A LL-A legal officer will make a singular contribution to the practice of an area of law in
which expertise is required by the Department of Defence through original, innovative and
distinguished contributions to legal policy or practice in their area of expertise.
A LL-A legal officer will have attained peer and/or industry recognition as an authority of
national or international standing in their area of legal practice. They will make a
commensurate contribution to the work of the ADF
A LL-A legal officer will hold a practising certificate (of any kind) in an Australian State or
Territory (exception: judicial officers). A LL-A legal officer will have successfully completed
LTM1 within 12 months of joining LOSOCS but will not be required to complete any LTM2
or LTM3 subjects.
Advancement in LL
25. Legal Officers in the ADF seeking to advance in LL must comply with the
advancement criteria of the LOSOCS.
26. Legal Officers may apply, in accordance with the procedures set out in paragraphs
73-75, to the LO CPDC for advancement in LL at any time. Legal Officers need to satisfy
certain criteria to advance in LL; however, a Legal Officer may make an application for
advancement in LL in anticipation of a subsequent promotion and/or posting to a higher LL
position. In such circumstances the LO CPDC may recommend advancement subject to the
required promotion and/or posting to a higher LL position and, if approved by the delegate,
the LL advancement will be effective when the Legal Officer is promoted and/or takes up the
posting into a position at the higher LL.
Transfer Between Streams
26A. A Reserve Legal Officer may apply, in accordance with the procedures set out in
paragraphs 73-75, to the LO CPDC to transfer between generalist (LL1-5) and specialist
streams (LL-A and LL-B) and vice versa, at any time. An applicant seeking to transfer from
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specialist to generalist stream will not be granted a higher status than LL2 unless the applicant
also applies for advancement to LL 3 (or a higher LL) and satisfies the criteria for
advancement to that LL. A Legal Officer may make an application for advancement in LL in
anticipation of a subsequent promotion and/or posting to a higher LL position.
26B. In such circumstances the LO CPDC may recommend advancement subject to the
required promotion and/or posting to a higher LL position and, if approved by the delegate,
the LL advancement will be effective when the Legal Officer is promoted and/or takes up the
posting into a position at the higher LL. An applicant seeking to transfer from generalist to
specialist stream must nominate a specialist category (LL-B or LL-A) for recognition and
satisfy the criteria for the nominated specialist category. An LL-B Legal Officer may apply
to the LO CPDC for recognition as an LL-A Legal Officer and be recognised as such provided
the applicant satisfies the criteria for recognition as an LL-A Legal Officer.
26C. Transfers between the specialist and generalist streams will have financial
consequences and may have rank implications for a Reserve Legal Officer. Accordingly, an
applicant for a transfer is to include in their application an acknowledgement of the specific
effects (financial/rank) anticipated by the proposed transfer. To facilitate this
acknowledgement, the applicant should consult with their single Service Career Manager and
HOC to confirm the effect of the proposed transfer.
Advancement in LL after 31 Jan 13
27. The criteria that must be satisfied to advance in LL after 31 Jan 13, apart from those
seeking advancement under either of the transitional arrangements outlined in paragraphs 26-
35, are set out below.
a. Table 1 sets out the criteria for advancement to LL2.
Table 1 – Criteria for advancement to LL2
Legal level
Component
Permanent Legal Officer
recognition of legal level
component
Reserve Legal Officer
recognition of legal level
component
Rank requirement Minimum rank of substantive O03 As for Permanent Legal
Officer
Service officer
training requirement
Successful completion of initial
officer training (appointment
course)
As for Permanent Legal
Officer
Academic
qualification
(Military-Legal
specific training)
Successful completion of LTM1
and LTM1 Consolidation Tasks
As for Permanent Legal
Officer
b. Table 2 sets out the criteria for advancement to LL3.
Table 2 – Criteria for advancement to LL3
Legal level
Component
Permanent Legal Officer
recognition of legal level
component
Reserve Legal Officer
recognition of legal level
component
Rank requirement Minimum rank of substantive O03 As for Permanent Legal
Officer
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Academic
qualification
(Military-Legal
specific training)
Successful completion of LTM2 As for Permanent Legal
Officer
c. Table 3 sets out the criteria for advancement to LL4.
Table 3 – Criteria for advancement to LL4
Legal level
component
Permanent Legal
Officer recognition of
legal level component
Reserve Legal Officer recognition
of legal level component
Rank requirement Minimum rank of
substantive O04
As for Permanent Legal Officer
Advanced legal
expertise in a military
context
Take up a posting to a
designated LL4 position
As for Permanent Legal Officer or,
if not so posted, satisfactory
observed performance of a range of
military legal work normally carried
out in a designated LL4 position
(minimum 20 reserve days and 4
separate matters)
Advanced critical legal
skills: problem solving
& analysis
Satisfactory observed
performance10 as a LL3
legal officer in a
designated LL3 role
over a minimum period
of four years11.
Satisfactory observed performance
as a LL3 legal officer in a
designated LL3 reserve role over a
minimum period of 80 days (spread
over a minimum of 4 years) and
satisfactory reported performance of
civilian legal work involving
commensurate problem solving &
analysis
Demonstrated skill
supervising, mentoring
and developing
personnel12 (in a
military or civilian
environment)
Minimum four years
(total) service reporting
at satisfactory or above
Minimum four years (total)
satisfactory reported performance of
civilian legal practice involving
supervision of subordinates; or
Minimum four years (total) service
reporting at satisfactory or above.
10 Satisfactory observed performance means no instance of providing below competent level legal advice.
Should a member provide legal advice below a competent level that legal officer will not have achieved
satisfactory observed performance until the officer establishes that he/she has provided competent level legal
advice in a similar matter at a time subsequent to the below competent level legal advice. 11 Only postings to a designated LL3 or LL4 legal officer billet or ACSC satisfy this requirement. 12 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are
appropriate:
a. tasking a subordinate with work;
b. communicating effectively with a subordinate PLO, RLO or APS member;
c. providing direction as to the performance of work, behaviour, ethics and communication by a
subordinate;
d. managing the workload of a subordinate;
e. checking the accuracy and quality of work performed by a subordinate;
f. building the potential of and supervising the wellbeing, ethical and professional development of
a subordinate;
g. appraising the performance of a subordinate;
h. providing a role model to a subordinate in officer-like qualities, professionalism, values and
Service traditions; and
i. mentoring a subordinate.
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Academic
qualification
(Military-Legal
specific training)
Successful completion
of LTM3 (as detailed in
paragraphs 42-44)
Successful completion of the three
core subjects of LTM3 (as detailed
in paragraphs 42-44)
d. Table 4 sets out the criteria for advancement to LL5.
Table 4 – Criteria for advancement to LL5
Legal level
component
Permanent Legal Officer
recognition of legal level
component
Reserve Legal Officer recognition
of legal level component
Rank
requirement
Minimum rank of substantive
O05
As for Permanent Legal Officer
Legal Manager
expertise in a
military context
Take up a posting to a
designated LL5 position
As for Permanent Legal Officer or, if
not so posted, satisfactory observed
performance of a range of military
legal work normally carried out in a
designated LL5 position (minimum
20 reserve days and 4 separate
instructions)
Critical legal
manager skills:
strategic
problem
solving &
analysis in a
government
context
Satisfactory observed
performance13 in providing
strategic-level advice to
government (Commonwealth or
State/Territory) on legal policy.
For permanent officers this
would usually be satisfied
through a posting (minimum 12
months), to a Directorate in
Defence Legal Division,
Canberra at O04 rank or above.
(a) Satisfactory observed
performance of military strategic-
level legal policy advice over a
minimum period of 20 reserve days;
or
(b) Minimum 12 months
demonstrated civilian strategic-level
experience advising a government
(Commonwealth or State/Territory)
on legal policy.
Continued next page
Management of
subordinates
Either As for Permanent Legal Officer.
13 Satisfactory observed performance means no instance of providing below competent level legal advice.
Should a member provide legal advice below a competent level that legal officer will not have achieved
satisfactory observed performance until the officer establishes that he/she has provided competent legal advice
in a similar matter at a time subsequent to the below competent level legal advice.
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13
Attainment of a
management-related
qualification covering
practical management issues
for senior managers in a
professional workplace
(minimum 24 contact hours/
certificate level course –
approved by CDF14) and
Demonstrated skill
supervising, mentoring and
developing personnel15 (not
limited to supervision of
legal officers) in a military
or civilian environment,
evidenced, through a
minimum 8 years, in total,
of satisfactory supervisory
performance in service
reporting or equivalent
Or
Equivalent experience in a
management role16 (for example
CO or XO of a unit, managing
partner, Director-level public
servant).
14 The CDF delegate has approved a number of courses, subject to the qualifying notes, in CPDC Decision
56/13. Other qualifying courses may be approved from time to time. Details of management courses approved
from time to time are listed under the heading of Advancement in Legal Levels (LL) on the CPDC Policy
Decisions link of the ADF Legal Officer Career Management page
http://www.defence.gov.au/legal/CareerManagement/. 15 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are
appropriate:
a. tasking a subordinate with work;
b. communicating effectively with a subordinate PLO, RLO or APS member;
c. providing direction as to the performance of work, behaviour, ethics and communication by a
subordinate;
d. managing the workload of a subordinate;
e. checking the accuracy and quality of work performed by a subordinate;
f. building the potential of and supervising the wellbeing, ethical and professional development of a
subordinate;
g. appraising the performance of a subordinate;
h. providing a role model to a subordinate in officer-like qualities, professionalism, values and Service
traditions; and
i. mentoring a subordinate. 16 At least 18 months.
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Advancement in LL under Transitional Arrangement A
28. Provided the member qualified for advancement under transitional arrangement A by
31 Jan 14 in all respects other than taking up a posting to a higher LL position or promotion
to a higher rank, Legal Officers who entered the LOSOCS before 01 Jul 04 may apply to the
LO CPDC to advance from the LL held as at 30 Jun 04 to the next LL on satisfying the
following criteria:
a. for advancement to LL4 only, experience as a Legal Officer in the ADF
(taking account of credit granted for prior experience) of ten years effective
service;
b. for advancement to LL4 only, completion of academic requirements (see Part
C);
c. the appropriate minimum rank17 or a higher rank;
d. take up a posting to a position that has the requisite LL or a higher LL;
e. for advancement to LL4 and LL5, demonstration of satisfactory observed
performance of legal skill in one or more subject areas of law; and
f. for advancement to LL5 only, management of subordinates, particularly in
relation to leadership, ethos and appraising the performance of subordinates18
(evidenced e.g. by Performance Appraisal Reports [PARs] or a separate report
from a superviser).
29. Table 5 summarises the criteria for advancement under Transitional Arrangement A.
Table 5- Criteria for Advancement in LL under Transitional Arrangement A
To Advance
to Legal
Level (LL)19
Skill in
Areas of
Law
Total
Experience
as a LO
Academic
Requirements
Manag’t
of
subordinates
Minimum
Rank
LL4 2 10 yrs LTM3 N/A O04
LL5 3 N/A N/A Yes O05
17 For members of the Navy, Army and PAF it is substantive rank. For members of the RAAFSR it is
substantive or temporary rank, whichever is the higher. 18 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are
appropriate:
a. tasking a subordinate with work;
b. communicating effectively with a subordinate PLO, RLO or APS member;
c. providing direction as to the performance of work, behaviour, ethics and communication by a
subordinate;
d. managing the workload of a subordinate;
e. checking the accuracy and quality of work performed by a subordinate;
f. building the potential of and supervising the wellbeing, ethical and professional development of a
subordinate;
g. appraising the performance of a subordinate;
h. providing a role model to a subordinate in officer-like qualities, professionalism, values and Service
traditions; and
i. mentoring a subordinate. 19 The Legal Officer must take up the posting to a position that has this LL status or a higher LL status
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30 To demonstrate satisfactory observed performance of legal skill in an area of law
under the transitional arrangements A, the Legal Officer must identify the area of military
law in which the officer seeks to demonstrate skill and:
a. detail in dot point form the legal tasks completed within the identified area of
law and the number of times these tasks have been completed;
b. provide at least two varying and substantial examples of written legal work
which demonstrate legal skill in the identified area of law; and
c. provide evidence of the Legal Officer’s satisfactory observed performance20
of legal duties in the identified area of law (e.g. PARs or a separate report from
a supervising legal officer).
Advancement in LL under Transitional Arrangement B
31. Provided the member qualified for advancement under transitional arrangement B by
31 Jan 14 in all respects other than taking up a posting to a higher LL position or promotion
to a higher rank, Legal Officers who entered the LOSOCS before 31 Jan 13 may apply to the
LO CPDC to advance from their current LL to the next LL on satisfying the following criteria:
a. for advancement to LL4 only, completion of academic requirements (see Part
C);
b. the appropriate minimum rank21 or a higher rank;
c. take up a posting to a position that has the requisite LL or a higher LL;
d. for advancement to LL4 and LL5 only, completion of the qualification
requirements for one or more Legal Task Journals (see paragraphs 28 – 32)
and no instance of providing below competent level legal advice22; and
e. for advancement to LL4 and LL5 only, management of subordinates,
particularly in relation to leadership, ethos and appraising the performance of
subordinates23 (evidenced e.g. by PARs or a separate report from a superviser).
20 Satisfactory observed performance means no instance of providing below competent level legal advice.
Should a member provide legal advice below a competent level that legal officer will not have achieved
satisfactory observed performance until the officer establishes that he/she has provided competent legal advice
in a similar matter at a time subsequent to the below competent level legal advice. 21 For members of the Navy, Army and PAF it is substantive rank. For members of the RAAFSR it is
substantive or temporary rank, whichever is the higher. 22 Should a member provide legal advice below a competent level that legal officer will not be advanced until
the officer establishes that he/she has provided competent legal advice in a similar matter at a time subsequent
to the below competent level legal advice. 23 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are
appropriate:
a. tasking a subordinate with work;
b. communicating effectively with a subordinate PLO, RLO or APS member;
c. providing direction as to the performance of work, behaviour, ethics and communication by a
subordinate;
d. managing the workload of a subordinate;
e. checking the accuracy and quality of work performed by a subordinate;
f. building the potential of and supervising the wellbeing, ethical and professional development of a
subordinate;
g. appraising the performance of a subordinate;
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32. Table 6 summarises the criteria for advancement under Transitional Arrangement B.
Table 6- Criteria for Advancement under Transitional Arrangement B
To Advance to
Legal
Competency
Level (LL)24
Legal Task Journals Academic
Requirements
Manag’t
of
subordinates
Minimum
Rank
Level Areas of
Law
LL4 Advanced 2 LTM3 Yes O04
Alternatively
LL4
Advanced
& Specialist
1 LTM3 Yes O04
LL5 Specialist 2 N/A Yes O05
33. LL4 may be achieved by satisfactory completion of Task Journals at the Advanced
level in two of the three main areas of military law or, alternatively, by completing both the
Advanced and Specialist level Task Journals in one area of law. If advanced to LL4 by the
alternative means, subsequent advancement to LL5 requires satisfactory completion of the
qualification requirements of both the Advanced and Specialist level Task Journals in another
area of military law.
Legal Task Journals and Areas of Law
34. Legal Task Journals are effective from 01 Jul 04 until 31 Jan 14. Task Journals have
been developed reflecting the tasks normally undertaken by ADF Legal Officers. The Task
Journals are in the military law subject areas of Administrative Law, Discipline Law and
Operations Law at Competent, Advanced and Specialist levels. These levels accurately
reflect the required progression of Legal Officers throughout their career and provide an
appropriate basis for matching each Legal Officer with ADF capability requirements.
35. The Task Journal qualification requirements to advance in LL are set out in the Task
Journal Assessment Policy at the Legal Task Journal link of the ADF Legal Officer Career
Management page http://www.defence.gov.au/legal/CareerManagement/.
36. These qualification requirements have been modified for Legal Officers who
advanced to LL4 under the previous transitional arrangements and who now choose to
complete Legal Task Journal qualification requirements to advance further. Under these
special arrangements the requirement set out in the Task Journal Assessment Policy is
modified so that the Legal Officer is required only to complete the qualification requirements
for two Task Journals at the Specialist level and are not required to complete the qualification
requirements at the Advanced level.
37. In accordance with the Task Journal Assessment Policy, assessment for Advanced
and Specialist levels is to be by self-assessment, assessment by an assessor of each completed
task and a further assessment of a limited number of such assessed tasks by a senior assessor.
The LO CPDC will monitor the assessment process and results.
Judge Advocates/Defence Force magistrates
h. providing a role model to a subordinate in officer-like qualities, professionalism, values and Service
traditions; and
i. mentoring a subordinate. 24 The Legal Officer must take up the posting to a position that has this LL status or a higher LL status.
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38. Legal Officers who are Judge Advocates or Defence Force magistrates will not be
assessed on the performance of their judicial functions.
Promotion in rank
39. Rank promotion will be in accordance with extant single Service policies. As
distinct from LL advancement, LOSOCS officers are subject to single Service promotion
requirements including service needs, time in rank, Service individual readiness
compliance, residual service, PAR competitiveness, completion of general officer courses,
experience and technical qualifications, and promotion suitability. In addition, the attainment
of a particular legal competency level or legal specialisation, linked with satisfactory
military performance, may be a core selection criterion within promotion board
deliberations.
40. As well as meeting single Service promotion requirements, to be eligible for selective
promotion Legal Officers who are administered, advanced and paid within the LOSOCS need
to have met the minimum competency requirements as follows:
a. for promotion to O04, Legal Officers must be at least LL2 or LL-B;
b. for promotion to O05, Legal Officers must be at least LL3 or LL-B; and
c. for promotion to O06, Legal Officers must be at least LL4 or LL-B.
d. for promotion to O07, Legal Officers must be LL5; and
e. for promotion to O08, Legal Officers must be LL5.
PART C - LEGAL TRAINING AND ACADEMIC QUALIFICATIONS
41. Legal Officers are required to undertake academic training in order to satisfy the
criteria for advancement in LL. For the purposes of advancement in LL, completion of
academic qualifications means satisfactory completion of the appropriate LTM1, 2 or 3
course. LTM1 consists of a two week residential course held at and conducted by the staff
of the Military Law Centre (MLC) in Victoria Barracks, Paddington followed by completion
of LTM1 Consolidation Tasks. LTM2 and LTM3 are post-graduate tertiary education
programs conducted by a university or universities and administered by the MLC.
42. Legal Officers should undertake LTM1 at the earliest possible opportunity once they
have an understanding of the Defence organisation, roles and structure and do not need to
have completed IOT before undertaking LTM1, although it is preferred. Supervisors who
seek to have Legal Officers who have not completed IOT attend LTM1 should, after
consultation with HOC, make a submission to the MLC.
43. LTM2 requires the satisfactory completion of the following four subjects:
a. Military Administrative Law;
b. Military Discipline Law;
c. Military Operations Law; and
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d. Advocacy for Military Lawyers up till 2013 and thereafter, Military Legal
Practice.
From 2014, satisfactory completion of these subjects normally leads to the grant of a Graduate
Certificate in Military Law. However, where one or more LTM2 subjects were completed
prior to 2014, satisfactory completion of these subjects normally leads to the grant of a
Graduate Diploma of Military Law.
43A. Where a Legal Officer has received recognition of prior learning (RPL) for one of the
above subjects, that Legal Officer may apply to the LO CPDC for funding for an elective
subject in order to qualify for the grant of a Graduate Certificate/Diploma of Military Law.
44. LTM3 requires the satisfactory completion of the following core subjects:
a. Advanced Military Administrative Law;
b. Advanced Military Discipline Law;
c. Advanced Military Operations Law;
and, in the case of Legal Officers in the permanent force without an existing master of laws
(LLM) degree, LTM3 requires the satisfactory completion of four or five elective subjects
from a list of elective subjects approved by the LO CPDC.
45. Satisfactory completion of these seven or eight subjects will lead to the grant of a
Master of Military Law or, at the request of the member and approval by the university, a
LLM or other masters degree. From 2014 Advanced Military Administrative Law and
Advanced Military Discipline Law will be 9 unit subjects rather than 6 unit subjects as was
the case up till 2013. Accordingly Legal Officers who complete these two subjects from 2014
onwards will only be required to complete Advanced Military Operations Law and four
elective subjects to be eligible for award of a masters degree.
46. Legal Officers in the permanent force who hold a LLM degree and all reserve Legal
Officers are only required to undertake the three LTM3 core subjects listed at subparagraphs
42.a-c above. Those officers who, after completion of the three LTM3 core subjects, have not
completed 24 units may seek LO CPDC approval to undertake one elective subject from the
LO CPDC approved list. Satisfactory completion of these three/four subjects will lead to the
grant of a Graduate Diploma of Advanced Military Law.
47. Completion of a LTM Subject. For the purposes of advancement in LL a Legal
Officer will have completed a LTM subject on the day that the Legal Officer submits the
completed final examination or paper for that subject, provided the student is subsequently
awarded a pass in that subject.
47A. Completion of LTM1. In order to be eligible to advance to LL2, Legal Officers must
satisfactorily complete both the LTM1 residential course and all the LTM1 consolidation
tasks. Legal Officers shall be considered to have completed LTM1 on the day they were
certified as having successfully completed their last LTM1 consolidation task, provided all
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consolidation tasks are confirmed to be satisfactory by the DMLC25 after submission of the
summary sheet and all task reports to MLC.26
48. Breaches. All integrity related breaches of training standards, such as plagiarism, are
treated very seriously by the university and the ADF. Legal Officers are reminded that they
remain ADF members when undertaking LTM subjects and any integrity related breaches of
university standards may be subject to disciplinary action and/or military administrative
action in addition to university action.
Recognition of Prior Learning
49. Prior learning is recognised within the LOSOCS under a process of recognition of
prior learning (RPL) by the LO CPDC. RPL for LTM2 Advocacy is available only to Legal
Officers who have completed at least one LTM2 subject by the end of 2013. LO CPDC Policy
decisions relating to RPL (LO CPDC Policy Decisions 242/04 and 84/08), are available at
the CPDC Policy Decisions link of the ADF Legal Officer Career Management page http://www.defence.gov.au/legal/CareerManagement/.
50. In addition to these general RPL provisions, specific RPL arrangements applied to
Legal Officers in the ADF as at 16 Mar 00, the date the LOSCS was introduced. Legal
Officers who were:
a. deemed LL3 as at 16 Mar 00, are deemed to have RPL of LTM2;
b. deemed LL2 as at 16 Mar 00 and had completed the Legal Officers
Initial/Basic Course prior to 16 Mar 00, are deemed to have RPL of LTM2;
c. deemed LL4 as at 16 Mar 00, are deemed to have RPL of LTM3;
d. deemed LL3 as at 16 Mar 00 and had completed the Legal Officers Advanced
Course prior to 16 Mar 00, are deemed to have RPL of LTM3;
e. deemed LL3 as at 16 Mar 00, had been a Legal Officer for 10 years taking into
account credit granted for prior experience and held the 04 rank for three (3)
years, are deemed to have RPL of LTM3.
Panelling Criteria for LTM Courses
51. DMLC is the Panelling Authority for all LTM courses. Authority for funding approval
for Legal Officers seeking to undertake an elective subject in order to complete the Graduate
Diploma in Advanced Military Law remains with DGADFLS (with LO CPDC advice).
52. DMLC does not guarantee placement on any LTM core or elective subject. Students
will be panelled on courses in accordance with the panelling criteria outlined below. The
panelling criteria are based upon the following principles:
25 If DMLC does not find the submitted consolidation tasks to be satisfactory, s/he may take any action s/he
deems reasonable in the circumstances including, but not limited to, returning the tasks to the Legal Officer
for resubmission, or direct referral to the member’s HOC. 26 Where Legal Officers have been authorised to undertake and do complete Consolidation Tasks before the
residential course, ‘completion’ of LTM1 for the purposes of this paragraph will occur upon the successful
completion of the residential component or the consolidation tasks, whichever occurs later.
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a. Funding available for legal training is not unlimited;
b. Panelling of LTM courses should achieve equity between nominating Legal
Officers;
c. Legal Officers should be adequately prepared to attend LTM subjects as active
participants;
d. Legal Officers identified for deployment should be given priority for LTM
Operations Law subjects.
53. DGADFLS reserves the right, in exceptional circumstances, to direct the Panelling
Authority in respect of panelling decisions. In this regard, DGADFLS may impose decisions
on the Panelling Authority that do not comply with the following panelling criteria.
LTM Courses
54. The following panelling criteria apply generally:
a. Only Legal Officers who are members of the LOSOCS or are recognised by the
LO CPDC as a Legal Officer are eligible for empanelment on any LTM course.
(1) Except where an applicant is the subject of a CPDC decision
recommending admission to the LOSOCS or recognition as a Legal Officer
but where the admission to the LOSOCS or recognition is not yet effective.
DGADFLS may approve empanelment on LTM1 if there is a vacancy on
the course.
b. Unless a Legal Officer in the Standby reserve has a current undertaking for
service under section 26 of the Defence Act 1903 that officer is not eligible for
empanelment on any LTM course.
c. Reserve Legal Officers, while on continuous full-time service (CFTS), are
entitled to the same funding and funding priority as Legal Officers in the
permanent force.
LTM1
55. The following panelling criteria apply to LTM1:
a. Permanent Legal Officers, including officers recognised by the LO CPDC as a
Legal Officer will be given priority over Reserve Legal Officers for empanelment
on LTM1.
b. Legal Officers who have completed IOT will be given priority over Legal Officers
who have not yet completed IOT.
LTM2
56. The following criteria apply to LTM2:
a. Before they become eligible for empanelment on LTM2 subjects an officer
recognised as a Legal Officer must have satisfactorily completed both the LTM1
residential course and all the LTM1 consolidation tasks and be LL2 IAW a LO
CPDC decision specific to them.
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(1) Legal Officers who were admitted to the LOSOCS at LL2 are still required
to complete LTM1.
b. Omitted.
c. Omitted.
d. Eligible Legal Officers will be prioritised for empanelment on LTM2 subjects
in accordance with their relative seniority at LL2. Officers recognised as Legal
Officers will be prioritised for empanelment on LTM2 subjects in accordance
with their relative seniority since completing LTM1.
(1) Except Permanent Legal officers will be given priority over Reserve Legal
Officers unless the Reserve Legal Officer holds seniority at LL2 of greater
than twelve months more than the comparative Permanent Legal Officer.
(2) Except where a Legal Officer has been identified for deployment and
completion of a LTM Operations Law subject is required for that Legal
Officer.
e. Legal Officers will not normally be panelled on more than two LTM2 subjects in
any one calendar year unless they have at least two years’ seniority at LL2.
Officers recognised as Legal Officers will not normally be panelled on more than
two LTM2 subjects in any one calendar year unless they have at least two years
seniority since completing LTM1.
(1) Discretion will be used when applying this criterion. Legal Officers who
have completed the Task Journal for the relevant area of military law at the
Competent Level should not be disadvantaged in the panelling process.
(2) Except where a Legal Officer has been identified for deployment and
completion of a LTM Operations Law subject is required for that Legal
Officer.
LTM3
57. The following criteria apply to LTM3:
a. Legal Officers must have satisfactorily completed LTM2 and be LL3 IAW a LO
CPDC decision specific to them or be LL-B or LL-A before they become eligible
for empanelment on LTM3 subjects.
b. Eligible Legal Officers will be prioritised for empanelment on LTM3 subjects in
accordance with their relative seniority at LL3. DMLC will decide the priority of
empanelling candidates on LTM3 subjects in consultation with, DNLS, DALS,
DAFLS and DGADFLS taking into account single Service and joint capability
needs.
(1) Except Permanent Legal officers will be given priority over Reserve Legal
Officers unless the Reserve Legal Officer holds seniority at LL3 of greater
than twelve months more than the comparative Permanent Legal Officer.
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(2) Except where a Legal Officer has been identified for deployment and
completion of LTM3 Advanced Operations Law is identified as desirable
for that Legal Officer.
c. Legal Officers will not normally be panelled on more than two core subjects for
LTM3 in any one calendar year unless they have at least two years’ seniority at
LL3.
(1) Discretion will be used when applying this criterion.
(2) Except where a Legal Officer has been identified for deployment and
completion of LTM3 Advanced Operations Law is identified as desirable
for that Legal Officer.
d. Reserve Legal Officers, other than on CFTS, will not be funded for LTM3
electives unless:
(1) Prior to Feb 03, the Reserve Legal Officer had been given approval to
undertake the full LTM3 program, including electives;
(2) Prior to 4 Mar 08, the Reserve Legal Officer had been a member of the
permanent force when approval had been given to undertake the full LTM3
program, including electives, and had since transferred to the Reserve; or
(3) Completion of an elective within the LTM3 program is required for the
Reserve Legal Officer to carry out duties that the officer is or may be
required to carry out and the Committee has approved completion of the
elective by that officer.
e. Empanelment on LTM3 elective subjects will be supported where possible,
subject to funding constraints and equitable treatment of Legal Officers.
(1) Where funding constraints mandate limits to elective subject approvals, the
factors considered by DMLC will include the number of subjects each
Legal Officer is seeking to undertake and the respective seniority in LL.
Guidance on Legal Officer Training
58. The LO CPDC has provided guidance on Legal Officer training to commanders27.
59. In short, the intention is to achieve a balance between career progression
requirements, members’ desires and operational requirements. The decision to release
Legal Officers for legal training should take into account the need of the member to
undertake professional Legal Officer training as well as unit requirements and attendance at
major exercises or deployments, which are equally critical for professional development
and progression.
27 See LO Policy Decision 57/07 at the LOCPDC Policy Decisions link of the ADF Legal Officer Career
Management page http://www.defence.gov.au/legal/CareerManagement/.
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60. Table 8 below is the example timeline for Legal Officer training progression provided
in the guidance to commanders.
Table 8 - Example Legal Officer Training Progression
Year in Service Legal Officer Specialist
Training
Military Skills/Promotion
Training (not all
mandatory)
1 LTM1
LTM2 – one or two subjects
IOT
2 LTM2 – two subjects Single Service promotion
prerequisite training
Joint warfare training
3 Any remaining LTM2
subjects
LTM3 – one or two subjects
4 LTM3 – two subjects
5 LTM3 – two subjects Single Service promotion
prerequisite training
Command and Staff college
Joint warfare
6 LTM3 – two subjects
7 Any remaining LTM3
subjects
8 Any remaining LTM3
subjects
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Failure of Legal Training Module Subjects
61. LTM1. In order to successfully complete the LTM1 qualification, Legal Officers
must pass the LTM1 residential course and successfully complete all the LTM1 consolidation
tasks. After successfully completing the residential course, Legal Officers have no more than
18 months to complete the LTM1 Consolidation Tasks.28 The Consolidation Tasks,
instructions and the process for review of submissions are contained at Annex A (“LTM1
Consolidation Task Booklet”).
62. Legal Officers who do not pass the LTM1 residential course or who fail to
successfully complete all LTM1 Consolidation Task within the allotted time, will have their
role as Legal Officers reviewed by their Head of Category (HOC) and/or DGADFLS. In
consultation with DMLC and other subject matter experts as necessary, the HOC (in
consultation with DGADFLS) and/or DGADFLS may provide advice to the relevant service
career management agency regarding the suitability and/or authority of that Legal Officer to
perform the duties of an ADF legal officer. For example, based on the Legal Officer's
performance with respect to LTMl, the HOC (in consultation with DGADFLS) and/or
DGADFLS may recommend to Head Defence Legal (HDL) that the Legal Officer's authority
to provide legal advice and or legal services be withdrawn or restricted (in accordance with
HDL's authority pursuant to the A/Secretary and CDF charter letter to HDL of 21 Jun 16)
and, subsequently, advise the relevant service career management agency of HDL's decision.
62A. The HOC (in consultation with DGADFLS) or DGADFLS may also recommend to
the relevant service career management agency that the Legal Officer be issued with a
termination notice or that the Legal Officer's current period of engagement not be extended.
It may also be possible for a HOC or DGADFLS (if authorised) to issue a Notice to Show
Cause for consideration by the career management agency delegate under s24 of the Defence
Regulation 2016.
63. LTMs 2 and 3. The following policy applies to failures of LTM2 and LTM3 subjects:
a. Legal Officers who fail any LTM2 or LTM3 subject (including withdrawals
that attract financial penalty or any other form of failure to pass) are liable to
fully fund the university fees on any repeat or replacement subject.
b. If the Legal Officer considers there are extenuating circumstances (i.e. reasons
beyond their control) that account for the failure, the Legal Officer is to:
(1) make application through the University appeals system to state their
case. If the extenuating circumstances relate to service reasons the
MLC is available to provide input in support of such an application;
and
(2) where the University does not agree to waive the fees for a repeat or
replacement subject and the Legal Officer believes the extenuating
circumstances to be service related, the Legal Officer may make an
application to the LO CPDC for funding and the LO CPDC will
consider the application on its merits, taking into account the policy
set out in subparagraph 55.a.
28 DGADFLS (or DMLC on DGADFLS’ behalf) may, in exceptional circumstances, and on a case by case
basis upon written application, approve Legal Officers to extend beyond 18 months.
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64. Legal Officers who are unable to complete LTM2 or LTM3 because of repeated
failure in one or more subjects will have their role as Legal Officers reviewed by their HOC
and/or DGADFLS. That review may result in the same kind of action that would follow
failure to successfully complete LTMl (as detailed in paragraphs 62 and 62A).
Study Leave
65. The LO CPDC has authorised reserve Legal Officers to claim up to three days per
subject for study and the undertaking of the examination or completion of paper. The LO
CPDC has authorised reserve Legal Officers to claim up to nine days to complete the LTM1
Consolidation Tasks. Where a Legal Officer has failed LTM1 and is required to complete a
supplementary exam or is required to submit a fresh report, no further days will be allocated
for completion of the supplementary exam.
66. Legal Officers in the permanent force will need to seek approval for study leave. If a
commander seeks guidance on the amount of short leave to be approved, the LO CPDC
considers that short leave of three days per subject is reasonable.
Enrolment in LTM 1, 2 and 3 Courses
67. Reserve Legal Officers will be approved training days to undertake pre-reading for
LTM courses.
68. Reserve Legal Officers may be approved 2 training days to undertake pre-reading for
LTM1 Course.
Enrolment in LTM 1, 2 and 3 Courses
69. For information concerning enrolment in LTM 1, 2 and 3 courses (including elective
subjects for which funding by Defence Legal is sought) view the Legal Training Modules
link of the Military Law Centre page http://www.defence.gov.au/legal/LawCentre/. After
viewing the web site if further information is required contact the MLC by:
Email to: [email protected]
Phone: 02-8335 5626
Fax: 02-8335 5634
Or mail to: Military Law Centre
Building 113, Victoria Barracks
Oxford Street
Paddington NSW 2021
PART D - THE LO CPDC, INCLUDING APPLICATIONS AND REVIEWS
70. The Legal Officers’ Career and Professional Development Committee (LO CPDC)
consists of:
a. Chair. Director General ADF Legal Services (DGADFLS).
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b. Advisers.
(1) Director Navy Legal Services (DNLS);
(2) Director Army Legal Services (DALS);
(3) Director Air Force Legal Services (DAFLS);
(4) Director of the Military Law Centre (DMLC);
(5) National Practice Manager - Defence Legal (NPM);
(6) One representatives from each of the single Service CMs; and
(7) LO CPDC Secretary.
c. Secretary. The LO CPDC Secretary is the secretary to the Committee.
71. The functions of the LO CPDC are to advise the DGADFLS on:
a. Any changes to the assessment criteria for LL consistent with the decisions of
the DFRT;
b. Recommendations concerning the LL, legal specialist category, rank,
seniority and salary increment of applicants being considered for appointment
as a Legal Officer in the ADF;
c. Recommendations concerning the LL, legal specialist category, rank,
seniority in rank and salary increment of officers seeking to transfer as a Legal
Officer in the ADF;
d. Decisions or recommendations on the progression of Legal Officers to higher
LL or legal specialist category within the LOSOCS;
e. Legal Officer legal training policy;
f. Training issues relating to individual Legal Officers;
g. The LL or legal specialist category of legal officer positions; and
h. Any other matter relating to the professional development of Legal Officers.
72. DGADFLS is to:
a. review the assessment criteria for LL and make any policy decision or
recommendation for change consistent with the decisions of the DFRT;
b. assess and make recommendations to the relevant CM concerning the LL,
legal specialist category, rank, seniority in rank and salary increment of
applicants being considered for appointment as a Legal Officer in the ADF;
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c. assess and make recommendations to the relevant CM concerning the LL,
legal specialist category, rank, seniority in rank and salary increment of
officers seeking to transfer as a Legal Officer in the ADF;
d. decide or make recommendations, as appropriate, to the relevant CM on the
progression of Legal Officers to higher LL or legal specialist category within
the LOSOCS;
e. determine ADF Legal Officer legal training policy;
f. determine training issues relating to individual Legal Officers;
g. make recommendations to the relevant CM concerning the LL or legal
specialist category of Legal Officer positions;
h. determine whether an ADF legal officer is competent and fit to be permitted
to engage in military legal practice; and
a. determine or make recommendations, as appropriate, on any other matter
relating to the professional development of Legal Officers.
Applications to the LO CPDC
73. Requests to join the LOSOCS, applications for advancement in LL and all other
applications to the LO CPDC are to be initiated by the individual Legal Officer or applicant.
Requests and applications should be sent directly to the LO CPDC Secretary, preferably by
e-mail, as follows:
E-mail to: [email protected]
Alternative methods of forwarding requests and applications are:
Fax: 02-626 63192 (Attn: LO CPDC Secretary)
or mail to: LO CPDC Secretary
Defence Legal, CP2-4-049
Department of Defence
PO Box 7911
CANBERRA BC ACT 2610
74. Applications to the LO CPDC should be in accordance with the appropriate form at
the LO CPDC Forms link of the ADF Legal Officer Career Management page http://www.defence.gov.au/legal/CareerManagement/.
75. Advice in relation to LO CPDC applications may be sought from LO CPDC
Secretary.
76. A recommendation or decision of the LO CPDC, including any explanation or
reasons, is to be signed by the Chair and, where a decision or action is required from the CM
delegate, forwarded to the single Service CM for consideration or action by the CM delegate,
with a copy provided to the member.
77. When a decision is made by the CM delegate, reasons for the decision are to be passed
by the CM to the Legal Officer with the decision, and will include:
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a. the evidence considered in making the assessment, including the relevant
factors taken into account (i.e. the basis for the assessment);
b. the recommendation and decision itself;
c. the date of effect of any decision;
d. the date of effect of any pay, seniority or increment placement that may
eventuate; and
e. any other relevant matter which may affect the future placement of the Legal
Officer within the LOSOCS.
Reviews
78. In the first instance, where a Legal Officer does not accept the CM delegate’s
decision, the Legal Officer may request that the matter be reconsidered and may provide new
or additional material for reconsideration. In such circumstances the CM is to
forward the request and any new or additional evidence to the LO CPDC for reconsideration.
79. The LO CPDC is to notify the CM of the fresh recommendation to enable the CM
delegate to make a fresh decision. The Legal Officer will be advised of the delegate’s fresh
decision by the CM. If the Legal Officer does not accept the CM delegate’s fresh decision
the Legal Officer may request that the matter be considered by the Review Committee and
may provide new or additional material for consideration.
80. In such circumstances the CM is to forward the request and any new or additional
evidence to the Review Committee for consideration. The Review Committee is to consider
the material, make a recommendation and notify the CM delegate of the recommendation of
the Review Committee. The CM delegate will make a decision and inform the Legal Officer
and the Chair of the LO CPDC of the delegate’s decision in relation to the application for
review and will provide reasons for the decision.
81. Review Committee. The composition of the Review Committee will include:
a. Chair - an officer appointed by Director General Navy Personnel and Training,
Director General Career Management-Army or Director General Personnel-
Air Force as the Chair of the Review Committee;
b. a senior Legal Officer nominated by DGADFLS; and
c. a single Service CM representative.
82. The review process does not restrict the right of a member to make Application for
Redress of Grievance (AROG) in accordance with Complaints and Resolutions Manual,
Chapter 6 – Redress of Grievance.
Annex:
A. LTM1 Consolidation Task Booklet