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MILITARY LAW CENTRE

LEGAL TRAINING HANDBOOK

FEBRUARY 2019

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CONTENTS

GLOSSARY OF TERMS 3

PREFACE 5

1 OVERVIEW—LEGAL TRAINING CONTINUUM 6

2 LEGAL TRAINING MODULE 1 (LTM1)—INTRODUCTORY COURSE 14

3 LEGAL TRAINING MODULE 2 (LTM2)—GRADUATE CERTIFICATE IN MILITARY LAWS 17

4 LEGAL TRAINING MODULE 3 (LTM3)—GRADUATE DIPLOMA OR MASTERS OF MILITARY LAWS 18

5 LEGAL TRAINING MODULE 4 (LTM4)—LEGAL PRACTICE MANAGEMENT 20

6 ADMINISTRATIVE INFORMATION FOR COURSES CONDUCTED AT MLC (LTM1, JOLT AND APCML COURSES) 24

7 ADMINISTRATIVE INFORMATION FOR LTM2 AND LTM3 COURSES CONDUCTED AT ANU AND UoA 27

8 GENERAL POLICY REGARDING LTM2 AND LTM3 PROGRAMS 30

9 COURSE/SUBJECT ENROLMENT PROCEDURES 33

10 STUDENT TRAVEL BOOKING INSTRUCTIONS 35

11 EMPLOYMENT ADMINISTRATION FOR RESERVE LEGAL OFFICERS 39

12 MLC ASSESSMENT MANAGEMENT AND RECORD KEEPING POLICY 40

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GLOSSARY OF TERMS

ADF – Australian Defence Force

ANU – Australian National University

APCML – Asia Pacific Centre for Military Law

BoS – Board of Studies

DG ADFLS – Director General Australian Defence Force Legal Services

DMLC – Director Military Law Centre

DPN – Defence Protected Network (previously known as the DRN)

DTBC – Defence Travel Budget Calculator

HOC – Heads of Community (Navy)/Corps (Army)/Category (RAAF), being Director of Navy Legal Service (DNLS), Director of Army Legal Service (DALS) and Director of Air Force Legal Service (DAFLS) respectively.

LO CPDC - Legal Officer Career Development and Progression Committee

LOSOCS – Legal Officer Specialist Officer Career Structure

LL – Legal Competency Level

LTM – Legal Training Module

MLC – Military Law Centre

PLO – Permanent Legal Officer

RLO – Reserve Legal Officer

RPL – Recognition of Prior Learning

TDO – Training Development Officer.

TPR – Training Progress Report

UoA – University of Adelaide

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MLC course acronyms

a. AIOC – Advanced Inquiry Officer Course

b. JOLT – Joint Operations Legal Training

c. LoNW – Law of Naval Warfare course

d. MSOLT – Maritime Security Operations Law Training

APCML course acronyms

a. LOPO – Law of Peace Operations Workshop

b. ROEW – Rules of Engagement Workshop

c. MOLC – Maritime Operations Law Course

d. MSCW – Maritime Security Cooperation Workshop

e. CLETW – Cyber Law and Emerging Technology Workshop

f. CSOL – Command and Staff Operations Law Course

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PREFACE

This Handbook provides general information to Australian Defence Force (ADF) legal officers on the training courses conducted by the Military Law Centre (MLC) or Asia Pacific Centre for Military Law (APCML). It details the panelling policies, course administrative requirements and general guidance concerning student failure management. For Legal Training Module (LTM) courses, this document should be read in conjunction with the Legal Officer Specialist Officer Career Structure (LOSOCS) Policy.

Background. In 1999, the Defence Force Remuneration Tribunal (DFRT) formally recognised ADF Legal Officers (LO) as legal specialists, and approved the establishment of a specialist career and pay structure for ADF LOs based on legal competency as well as rank. As a consequence, the LOSOCS professional development scheme was designed, with recognised performance standards, to maintain and encourage further development of legal expertise during a LO’s career.

The scheme has evolved and ADF LOs now attain demonstrated levels of competency through the completion of specific academic and vocational LTM courses, as well as other experiential criteria, such as time in legal roles and demonstration of management skills. LO training commences with an introductory LTM1 course with its associated Consolidation Tasks. Completion of LTM1 is followed by further vocational and academic training through completion of various LTM2 and LTM3 courses. These courses provide academic post-graduate qualifications, while also progressing LOs through the Legal Competency Levels (LLs) in accordance with the LOSOCS Policy.

ADF LO Training at the MLC. The LTMs are just one part of ADF LOs’ ongoing professional development. There will be various posting opportunities and other single service and legal training opportunities throughout a LO’s career which are an integral part of their professional development. It is therefore important that LOs consider their level of experience when seeking to nominate for LTM2 and LTM3 courses. These courses are intended to equip LOs with the requisite legal knowledge required to perform their role, functions and responsibilities in the ADF, complementing and adding academic rigour to knowledge gained in the workplace (both military and civilian). LOs will gain most benefit from MLC/APCML courses if they are aligned with relevant postings, military training, and experience.

Continued postgraduate study of law enhances professional development of LOs and provides meaningful intellectual challenges and rewards. ADF legal training provides opportunities to develop valuable professional networks and contribute to the growing scholarship in the respective areas of law in which all ADF LOs practice, for the benefit of Defence Legal and the ADF.

SCA Lambert Colonel Director, Military Law Centre 28 February 2019

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1. OVERVIEW—LEGAL TRAINING CONTINUUM

Introduction

1.1 ADF LOs who joined the ADF after March 2000 are required to apply to join LOSOCS. LOSOCS is administered by the Legal Officers’ Career and Professional Development Committee (LO CPDC), which grants LLs, ranging from LL1 to LL51, based on a LO’s legal experience and training. An ADF LO’s remuneration is dependent upon rank, LL and salary increment.

1.2 A full description of the LOSOCS and role of the LO CPDC is provided in the ADF LOSOCS Policy, available on the Career Management page of the Defence Legal website. A full list of LO CPDC policy decisions is also available at this website. All Legal Officers should read the LOSOCS Policy and associated LO CPDC decisions to gain a greater understanding of the LOSOCS before reading this Handbook.

1.3 This Handbook provides the detailed policy and general administrative requirements for MLC-facilitated courses. However, the LOSOCS Policy and associated LO CPDC decisions are authoritative and override this Handbook where inconsistency may arise. Similarly, most MLC courses have joining instructions, which outline the administrative processes specific to that course/subject, which may amend this Handbook’s requirements.

Role of the Military Law Centre

1.4 The Director General ADF Legal Services (DGADFLS) has determined that the MLC has primary responsibility for the co-ordination, formulation and delivery of the legal training necessary for the professional development of LOs in the ADF.

1.5 The MLC’s contact details are:

Physical address: Military Law Centre Victoria Barracks Sydney, Building 113 34A Moore Park Road, PADDINGTON NSW 2022 Postal address: Military Law Centre, Victoria Barracks-Sydney, Building 113 Locked Bag 7005 LIVERPOOL NSW 1871 Telephone: +61 2 8335 5627 Email: mlc.admin@defence.gov.UoA

1.6 This Handbook and other relevant material can be found on the MLC section of the Defence Legal Division website at http://www.defence.gov.UoA/legal/mlc.asp

Legal Training Modules

1.7 The LTMs provide the requisite formal education and training to progress through the corresponding LLs.2 Only LOs who are members of the LOSOCS are eligible to undertake

1 Defence Force Remuneration Tribunal (DFRT) decision at a hearing on 23 Nov 12 2 The LOSOCS Policy provides a description of each legal competency level and the process of progression between levels. This is available from the Defence Legal website.

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LTMs, unless they are authorised by the LO CPDC to undertake LTM1 prior to being formally accepted into LOSOCS.3

1.8 In summary, the specialist legal training requirements during each LL are:4

a. LL1 to LL2. LOs should complete LTM1 at the earliest opportunity after completion of relevant single service initial officer training5. LTM1 consists of a two-week residential course and a number of consolidation tasks to be completed within 18 months of the residential course. Satisfactory completion of the course and consolidation tasks are required to become eligible to progress to LL2.

b. LL2 to LL3. To become eligible to progress to LL3, LOs must be at least an O-3 (LEUT/CAPT/FLTLT) and satisfactorily complete LTM2. LTM2 consists of four subjects, leading to the award of a Graduate Certificate of Military Laws. These subjects are Military Discipline Law, Military Operations Law, Military Administrative Law and Military Legal Practice. Currently each of these courses are conducted annually at the Australian National University (ANU), which undertakes this on MLC’s behalf in a consortium with the University of Adelaide (UoA).

c. LL3 to LL4. The academic criteria required to advance to LL4 is addressed though Legal Training Module 3 (LTM3), but differs for permanent and reserve officers. For permanent LOs, there are two facets to LTM3 – the core subjects and the electives, in order to complete a Master of Military Laws degree. For reserve LOs, only the core LTM3 subjects must be completed:

(1) Core LTM3 subjects. All LOs (permanent and reserve) are required to complete the three core subjects of LTM3, namely Advanced Military Discipline Law, Advanced Military Operations Law and Advanced Military Administrative Law. These courses are conducted biennially at ANU by an ANU and UoA consortium. Since 2014, satisfactory completion of these three core subjects is sufficient for either the award of a Graduate Diploma of Military Laws or forms half of the courses required for a Master of Military Laws.

(2) Electives to obtain a Master of Military Laws. All permanent LOs who do not otherwise have a Master of Laws or similar degree (LLM) need to complete sufficient elective subjects to be awarded a Master of Military Laws to be eligible to advance to LL4. From 2014, four elective Master-level subjects need to be completed in addition to three core LTM3 subjects, to be awarded a Master of Military Laws. These subjects must be pre-approved and are usually conducted by ANU or UoA6.

d. LL4 to LL5. LOs at LL4 have the option of undertaking a management-related qualification covering practical issues for senior managers in a professional workplace, which, in conjunction with demonstrated leadership and management skills, satisfies the requirements for progression to LL5. The LO CPDC approved

3 LOSOCS Policy details the process for this. 4 A more detailed explanation is provided in subsequent chapters. 5 In exceptional circumstances, the LTM1 course may be undertaken before single service initial officer training has been completed. 6 LO CPDC has pre-approved a number of suitable ANU and UoA courses. These are promulgated on the MLC website. Otherwise, the LOSOCS Policy outlines the process for seeking approval of certain subjects.

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LL4 Legal Practice Management course list has been developed in line with the Defence Leadership Framework.

Legal Officer training progression.

1.9 Table 1.1 below shows an example timeline for the training undertaken during a LO’s career. While subject to individual service requirements, this timeline is indicative of the expected advancement of a permanent LO. This takes into account the required consolidation of training gained through practical experience, and recognises that the ADF has an interest in staggering training so that it is received at appropriate points in a member’s career. It is anticipated that reserve legal officers (RLO) would advance through the academic training continuum at a slower pace in accordance with their part-time exposure to ADF LO duties.

Table 1.1: Indicative Legal Officer training progression

Year in Service7

Legal Officer Specialist Training (mandatory for career progression)

Other Training (not all mandatory)

1 LL1: Legal Training Module One Initial Entry Officer Training

2 LL2: Legal Training Module Two – two subjects Single Service promotion prerequisite training Joint warfare training Joint Operations Legal Training

3 LL2: Legal Training Module Two – two subjects

4 LL2: Any remaining subjects for Legal Training Module Two not previously completed

5 LL3: Legal Training Module Three – two subjects Single Service promotion prerequisite training Joint warfare training Command and Staff college

6 LL3: Legal Training Module Three – two subjects

7 LL3: Legal Training Module Three – two subjects

8 LL3: Legal Training Module Three – any remaining subjects

Additional MLC training courses 1.10 In addition to the LTM courses, the MLC conducts a number of other courses for ADF LOs under either the MLC or APCML banner. This includes the following, which are usually conducted annually,

a. Joint Operations Legal Training (JOLT),8

b. Law of Peace Operations Workshop (LOPO)

c. Rules of Engagement Workshop (ROEW)

d. Maritime Operations Law Course (MOLC)

e. Maritime Security Cooperation Workshop (MSCW)

f. Cyber Law and Emerging Technology Workshop (CLETW)

7 After completion of single-service initial officer training. 8 The conduct of the JOLT course is detailed in DG ADFLS Directive No. 1/17 dated 6 March 2017.

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g. Command and Staff Operations Law Course (CSOL)

1.11 Advanced Inquiry Officer Course (AIOC) is usually run two or three times per annum, depending on service requirements.

1.12 Additionally, other courses, including Maritime Security Operations Law Training (MSOLT) and Law of Naval Warfare, are conducted on an ad hoc basis to meet specific service requirements.

1.13 None of the above courses are mandated by LOSOCS, but all are potentially advantageous for a particular LO’s career or professional development.

1.14 Nominations for these courses will be sought either by DEFGRAM or directly from HOC (in the case of JOLT or MSOLT). HOC disseminate calls for nominations within their respective services and prioritise applicants from their respective services.

1.15 Panelling for non-LOSOCS courses is at the discretion of Director Military Law Centre (DMLC), with input from DGADFLS and HOC.

Legal Services Contract 2014 1.16 In January 2014 a contract commenced for the delivery of Legal Education Services between Defence Legal, on behalf of the Commonwealth, by the ANU and UoA consortium.

1.17 Under the contract, the ANU and UoA consortium have been contracted to deliver LTM2 and LTM3 core and elective courses. However, there are a number of substantive changes to LTM2 and LTM3 as existed prior to 2014.

a. The four LTM2 subjects lead to the award of a Graduate Certificate of Military Laws, as opposed to a Graduate Diploma under the old contract.

b. The subject ‘LTM2 Advocacy’ has been replaced by ‘LTM2 Military Legal Practice’. This subject covers some advocacy, but also wider aspects of the practice of military law, such as supervision of a legal office and provision of training. LTM2 Advocacy will still be recognised for advancement to LL3.

c. The three LTM3 core subjects of Advanced Administrative Law, Advanced Discipline Law and Advanced Operations Law will run every second year as five day intensive subjects. Advanced Administrative Law will be run in the second semester of even-numbered years, Advanced Operations Law in the first semester of odd-numbered years, and Advanced Discipline Law in the second semester of odd-numbered years. To accord with an amended Australian Qualifications Framework, post-2014 Advanced Administrative Law and Advanced Discipline Law are 9-unit subjects conducted by ANU. Advanced Operations Law remains a 6-unit subject.

d. The three core LTM3 subjects collectively amount to 24 units, sufficient for the award of a Graduate Diploma of Military Law.

e. The LTM core subjects are delivered by the consortium.

f. In addition to the three core LTM3 subjects, permanent ADF LOs are eligible to complete a Master of Military Laws, at Commonwealth expense, by completing four electives (an additional 24 units).

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g. Each year, the LO CPDC approves a list of electives which may be undertaken to complete the Master of Military Laws. ADF LOs are able to complete all four electives at either of the two universities. LOs may apply, with appropriate justifications, to LO CPDC if they wish to complete a non-approved elective, which may include an elective at another educational institution. This will only be approved if this cross-institutional study is supported by ANU (as the awarding institution). See Chapter 4 for further explanation.

h. The academic transcript and testamur for the Graduate Certificate of Military Laws, the Graduate Diploma of Military Laws and the Master of Military Laws will show ANU as the awarding university, but notes the association with the UoA.

1.18 Transitional arrangements. There are a number of transitional arrangements in place as a result of the contractual changes in 2014, which are set out below.

1.19 LTM2 studies. Students who successfully completed one or more subjects in LTM2 prior to the commencement of the 2014 contract are still eligible for the award of the Graduate Diploma of Military Laws.

1.20 LTM3 Studies. Students who successfully completed either or both of LTM3 Advanced Military Administrative Law and LTM3 Advanced Military Discipline Law prior to 2014 are eligible for one of the following options to make up the course unit shortfall:

a. Students who are eligible to undertake the Master of Military Laws program at Commonwealth expense may undertake a fifth elective at Commonwealth expense where necessary to meet the required 48 units for a Master-level degree.

b. Students who are not eligible for the Master degree at Commonwealth expense may apply to the LO CPDC for approval to undertake an elective at Commonwealth expense where this is necessary to meet the required 24 units for the Graduate Diploma of Military Laws.

Panelling on MLC Courses9

1.21 DMLC is the Panelling Authority for all MLC and APCML courses. DGADFLS is the funding approval authority for all elective subjects undertaken to complete a Master of Military Laws. DMLC does not guarantee placement on any specific course. Students will be panelled on courses in accordance with the panelling criteria below. DMLC will panel students based upon the following principles:

a. Funding available for legal training is limited.

b. Panelling of LTM courses should achieve equity between nominating LOs and the needs of each of the three services.

c. LOs should be adequately prepared to attend LTM subjects as active participants.

d. LOs identified for deployment will be given priority for LTM Operations Law subjects.

9 LO CPDC Meeting of 21 May 08 Committee Decision 50/08

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e. LOs with greater seniority in the relevant LL will, ordinarily, be given higher priority when panelling courses. However, service needs and requirements will also dictate competitiveness when panelling decisions are being considered.

f. LOs should expect that completion of the various courses required to attain LL3 and LL4 (ie, LTM2 and LTM3 respectively) will take several years.

1.22 General Panelling Criteria. Subject to the following circumstances, DMLC will prioritise empanelment on LTM courses in order of seniority in the relevant LL:

a. Single service and joint capability needs, as identified by DMLC in consultation with the service HOC and DGADFLS10.

b. Only LOs who are members of the LOSOCS and hold the requisite LL11 are eligible for empanelment.

(1) Exception: ADF members in the process of transferring to become LOs may apply to LO CPDC through their HOC to undertake a specific LTM1 or LTM2 course.

c. Permanent LOs will be granted twelve month seniority over Reserve LOs of the same LL seniority;

d. LOs should not expect to be panelled on more than two LTM2 or LTM3 subjects in any one calendar year, unless they have at least two years’ seniority in the relevant LL.

e. Unless a LO in the Standby Reserve has a current undertaking for service under section 26 of the Defence Act 1903 (Cth) (ie, voluntary service) that Officer is not eligible for empanelment on any LTM course.

f. RLOs on continuous full-time service (CFTS) are to be treated as if they are LOs in the permanent force for the duration of their CFTS appointment.

g. RLOs deemed LL-B or LL-A12 by a LO CPDC decision will be considered eligible to apply for any LTM course, provided they have either completed or been given RPL for lower level courses13.

1.23 In exceptional circumstances, DGADFLS may direct the panelling authority in respect of panelling decisions, and in this regard, DGADFLS has the discretion to make decisions that are not in accordance with the above panelling criteria.

1.24 Additional panelling criteria for LTM1. In addition to paragraph 1.22, the following criteria will also apply to panelling students on LTM1:

a. Permanent LOs will be given priority over RLOs.

10 For example, LOs identified for operational deployments that require completion of LTM2 and LTM3 operations law courses will be given a higher priority over LOs of similar seniority. 11 That is LL1 for LTM1, LL2 for LTM2 and LL3 for LTM3. 12 LL-A (Expert) and LL-B (Proficient Specialist) are RLO specific-level levels separate to the standard LL1-5, intended for individual RLOs who are deemed by LO CPDC an “authority” in a particular area of legal practice. These are defined in Part B of the LOSOCS Policy. 13 For example, a LL-A officer may apply for any LTM3 core subject, provide either s/he has completed all LTM1 and LTM2 courses, or LO CPDC has decided s/he need not complete these.

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b. LOs who have completed initial officer training will be given priority over LOs who have not completed initial officer training.

1.25 Maintain current contact details. In order to ensure efficient panelling and enrolment, students must ensure their personal details are up-to-date on both PMKeyS and the Defence corporate directory, and with ANU and UoA (as applicable). It is the LO’s responsibility to check personal details and update them before closing date of nominations for each course to ensure that any information or course materials can be provided.

1.26 It should be noted that the universities will communicate with students through their respective university email addresses. MLC will make contact via the email address provided in the relevant nomination form.

1.27 Joining Instructions. A Joining Instruction will be sent to the provided email address of all students panelled on a course. Any required forms will be attached. Joining Instructions will normally be sent at least three weeks prior to course commencement. Students who have not received a Joining Instruction within three weeks of course commencement should contact the MLC by email to mlc.admin@defence.gov.UoA

Commitment to course academic requirements

1.28 Study Leave. All MLC and LTM courses require members to undertake study and/or assessments outside the course residential period. The process for obtaining leave to effect this is inherently different for Permanent and Reserve LOs:

a. Reserve Legal Officers. For LTM1, the LO CPDC has authorised RLOs to claim two training days for pre-course readings,3 and nine days for the LTM1 Consolidation Tasks.5 For LTM2 and LTM3 subjects, the LO CPDC has authorised RLOs to claim training days for pre-course readings, with DMLC determining the number of days that are reasonable for each course,6 and up to three days outside of the course intensive period for undertaking examinations and/or papers for the course.7 RLOs must ensure they have the requisite Reserve Service Days (RSD) allocated and an R1 form signed prior to commencing studies. All attendance diaries must be submitted to MLC for authorisation within three weeks of completing a course.

b. Permanent Legal Officers. Permanent LOs will need to seek approval for study leave through their chain of command. When determining the amount of short leave to be approved, the number of days that may be claimed by RLO outlined in subparagraph a. above may be used by Commanders as a guide.

1.29 Decision to release LOs for training. The decision to release LOs for legal training lies with the member’s workplace. In general, Commanders/managers/supervisors will take into account unit requirements and attendance at major exercises or deployments which are equally critical for professional development and progression. Joint and single-Service warfare and professional education courses are also essential for career development. Accordingly, other service requirements may mean LOs are released for less subjects per year than suggested in Table 1.1 above. Completion of more than two legal training subjects in one

3 LO CPDC Meeting of 29 May 15 Committee Decision 17/15 5 LO CPDC Meeting of 29 Jan 15 Committee Decision 7/15 6 LO CPDC Meeting of 29 May 15 Committee Decision 17/15 7 LO CPDC Meeting of 11 Dec 03 Committee Decision 194/03

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year, whilst permissible, should not be considered normal, but rather an exception for specific service needs/requirements.

1.30 When applying to be released for courses, LOs should also advise their commanders of study and assessment requirements to ensure the commander is fully apprised of the scope of the commitment.

1.31 Withdrawal from training for Service reasons. Where a LO is approved to attend training, and is then subsequently withdrawn due to service reasons, it is requested that the chain of command advise DMLC via email to mlc.admin@defence.gov.UoA. This email may be used as evidence to support a later request for priority on legal training courses, or a request for payment of a ‘repeat’ subject at Commonwealth expense.

1.32 Plagiarism, collusion and cheating policy. The MLC treats all integrity-related breaches of training standards very seriously, including but not limited to plagiarism, collusion, cheating, and inappropriate or offensive language or behaviour. Any integrity-related breaches, either on course or during pre-course or post-course activities, course assessments and consolidation tasks, may be subject to disciplinary action and/or military administrative action.

1.33 When undertaking MLC-sponsored university courses, members are to accord with relevant University plagiarism policies. If a breach of these policies occurs, internal ADF administrative or disciplinary action may result irrespective of whether the relevant institution imposes a sanction.

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2 LEGAL TRAINING MODULE 1 (LTM1)—INTRODUCTORY COURSELTM1 is held once a year and is comprised of four phases:

a. Preparation phase. Students are required to establish relevant ICT accesses and complete assigned pre-reading and preparation for several course modules. At least two days should be allocated to achieve this, in advance of the residential phase;

b. Residential Phase. A two-week component conducted at the MLC by MLC staff and visiting instructors. This will consist of four modules; namely Operations Law, Administrative Law, Discipline Law and Military Legal Practice, culminating in a final assessment day;

c. A Single Service Phase. A one-day package held during the residential phase, coordinated by representatives from each HoC. LOs will be briefed on their respective services policies, procedures and expectations; and

d. Consolidation Phase. A series of post-course consolidation tasks14 to be completed and reviewed by a supervising LO before being submitted to MLC. These tasks are designed to consolidate learning undertaken during the residential phase. See paragraphs 2.13 to 2.15 for more details.

Objectives

2.1 Upon completion of LTM1, a LO is entitled to apply to LO CPDC to progress to LL2. Once granted LL2, s/he is also able to, in accordance with ethical and governance rules and standards applicable within Defence, undertake the following:

a. With some, limited autonomy, provide written and oral advice that correctly applies the relevant law and policy to routine matters arising in the context of the administration and operations of the ADF, under the authority and direct technical legal supervision of an LL3 (or higher) LO (either in the same office or remotely).

b. Independently provide legal aid and legal assistance to ADF members, within the scope of the extant policy from time-to-time, where the content of the aid or assistance is based on knowledge, skills and experience gained externally or incidentally to LTM1.

c. Independently prepare wills and powers of attorney in the context of legal aid, within the scope of standard (Defence-approved) templates.

d. Take responsibility for their own professional development and maintenance of competency within the LOSOCS.

2.2 Attendance on the two-week residential course also allows LOs to meet and establish networks with other PLOs and RLOs from other Services, including senior PLOs from Defence Legal.

14 Consolidation tasks are annexed to the LOSOSC Policy, which is available at the Career Management page of Defence Legal website (http://www.defence.gov.UoA/Legal/CareerManagement/consolidation.asp)

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Panelling Criteria

2.3 Student panelling criteria for LTM1 is contained at paragraphs 1.21 to 1.24 of this Handbook.

2.4 Observers. Where panel size permits, DMLC may panel APS Legal Officers and paralegals as observers on the course, provided their travel costs are unit funded. Where there are more observers nominating than positions available, DMLC will determine observer prioritisation in accordance with service/organisational needs. Observers will not ordinarily be awarded the LTM 1 proficiency, but may undertake assessments where resources permit (eg, written assessments but likely not oral assessments). Observers are also not required to attend the single-Service phase.

Academic requirements

2.5 Full attendance, including study after-hours. The residential phase is very intensive. Students should not undertake any non-LTM1 work during the residential phase. Students are to ensure that work commitments, travel arrangements, and/or personal commitments do not interfere with attendance. Lateness or absence from the course sessions will not be tolerated, except where a medical certificate is provided.

2.6 There may be additional study requirements over the weekend in the middle of the course and students should set aside at least half-a-day for that eventuality. Further, there are several exams throughout the residential phase and students are expected to study in the evenings and over the weekend. Facilities will be provided to allow students to study during weekday evenings.

2.7 Students are to ensure that their supervising officer and workplace is aware of their attendance on course and that they should not to be otherwise tasked during the relevant period due to the study commitment.

2.8 Pre-course reading and questions. The Joining Instruction for the course will provide information on the pre-course reading and any pre-course assessments. For the purpose of planning time, the total estimated time required to complete the essential pre-course reading and assessments is two days15. Students will need to arrange to access the Defence Protected Network (DPN) for a significant portion of the pre-course reading and assessments. Students’ answers will be marked and there will be the opportunity to seek feedback. However, students’ marks for pre-course activities will not form part of the final result for this course, unless answers manifestly demonstrate the lack of a genuine attempt.

2.9 Assessment. The LTM1 course assessment is comprised of multiple open-book examinations conducted at the end of each component of the course, an intensive final assessment day with students required to complete multiple concurrent tasks, and the consolidation tasks.

2.10 Qualification. The LTM1 course is the academic pre-requisite for advancement to LL2. There are no formal civilian qualification awarded for this course, however proficiencies will be awarded for completion of both the residential phase and the consolidation tasks.

2.11 Failure. Students are required to satisfactorily pass all assessments in order to pass LTM1. Students who do not pass an individual assessment will be required to re-sit the assessment, usually the day after the initial assessment, but always after feedback and a 15 LO CPDC Out-of-Session Decision of 29 May 15 Committee Decision 17/15

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remediation plan has been provided. The failure management policy and guidance is outlined in the LOSOCS policy and detailed in the LTM1 Learning Management Package.

Residential phase administration

2.12 Chapter 6 provides for general details regarding LTM1 and other courses conducted at the MLC facility in Sydney. Course-specific details will be provided to students in the joining instructions, usually issued at least four weeks prior to course. If the information differs, the relevant course joining instructions should be taken as the authoritative source.

Consolidation Tasks.

2.13 The current version of the LTM1 Consolidation Tasks are annexed to the LOSOCS Policy. These expose students to the practical aspects of the material covered during the residential phase, so students understand not only the theory, law and policy, but also how their respective Service implements this in practice. IAW LOSOCS policy, these are to be completed within 18 months of the conclusion of the residential phase.

2.14 The consolidation tasks cannot be completed prior to the residential course without prior DMLC permission. Applications to do so should be made to DMLC through the relevant HoC stating relevant grounds for the request.

2.15 For further information on the LTM1 Consolidation Tasks, refer to the LOSOCS policy which is available on the ADF Legal Officer Career Management section of the Defence Legal website. See: http://www.defence.gov.UoA/Legal/CareerManagement/losocspolicy.asp

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3 LEGAL TRAINING MODULE 2 (LTM2)—GRADUATE CERTIFICATE IN MILITARY LAWS

Course structure

3.0 LTM2 is a post-graduate tertiary education program conducted by the ANU and UoA consortium. The following four core subjects are generally offered annually and delivered as one-week intensive modules:

a. Military Administrative Law

b. Military Discipline Law

c. Military Operations Law

d. Military Legal Practice.

Module Objectives

3.1 Upon successful completion of the LTM2 program, a LO is considered to have met the Job Task requirements for a LL3 LO, and is entitled to apply to LO CPDC to progress to LL3. Once granted LL3, LOs are considered able to, in accordance with ethical and governance rules and standards applicable within Defence:

a. independently practice military law (operations law, military administrative law and military discipline law), where their legal support is consistent with existing legal and policy understanding, in a range of contexts, including:

(1) providing independent legal advice to unit commanders;

(2) advocating in military disciplinary tribunals and administrative proceedings; and

(3) providing general training on topics relating to military law.

b. 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.

c. subject to successful certification upon completion of the JOLT course, deploy on active duty overseas.

d. supervise paralegal staff and LL1 or LL2 LOs.

Panelling Criteria

3.2 The general panelling criteria are at paragraphs 1.21 to 1.23 of this Handbook.

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4 LEGAL TRAINING MODULE 3 (LTM3)—GRADUATE DIPLOMA OR MASTERS OF MILITARY LAWS

Course structure

4.0 LTM3 is a post-graduate tertiary education program conducted by the ANU and UA consortium. As outlined in chapter 1, there are two components to LTM3:

a. Core LTM3 subjects, and

b. Electives to obtain a Master of Military Laws.

4.1 Core LTM3 subjects. The following three core subjects are delivered as one-week intensive modules and are generally offered every second year:

a. Advanced Military Administrative Law.

b. Advanced Military Discipline Law.

c. Advanced Military Operations Law.

4.2 Electives to obtain a Master of Military Laws. Permanent Legal Officers, without an existing Master of Laws degree, must also satisfactorily complete elective subjects approved by the LO CPDC. Satisfactory completion of sufficient elective subjects, together with satisfactory completion of the above LTM3 core subjects, will lead to the award of a Master of Military Laws or, at the request of the member and approval by the relevant university, a Master of Laws degree or other Master-level degree.

Panelling criteria

4.3 All LTM3 courses. The panelling criteria is detailed in paragraphs 1.21 to 1.23 of this Handbook.

4.4 LTM3 Electives. Empanelment on LTM3 elective subjects will be supported, where possible, subject to funding constraints and equitable treatment of Legal Officers. Where funding constraints mandate limits to elective subject approvals, the factors considered by DMLC will include:

a. the number of LTM3 subjects, both core and elective, each Legal Officer is seeking to undertake in the financial year, and

b. relative LL seniority of applicants.

4.5 Reserve Legal Officers, other than on CFTS, will not be funded for LTM3 electives unless:

a. Prior to February 2003, the RLO had been given approval to undertake the full LTM3 program, including electives.

b. Prior to 4 March 2008, the RLO 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.

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c. Completion of an elective within the LTM3 program is required for the RLO to carry out duties that the officer is or may be required to carry out and the LO CPDC has approved completion of the elective by that officer.

Subjects approved as LTM3 Electives

4.6 Students may choose which electives they wish to undertake, provided these courses are approved by LO CPDC (see below). Students may complete electives at the same time as completing their core LTM3 subjects, but should be cognisant of balancing duty commitments and study load.

4.7 Students will ordinarily undertake their electives at either ANU or UoA. Students may also obtain approval to complete relevant cross-institutional subjects at other universities. Completion of these subjects will be subject to approval from the LO CPDC and the applicable ANU College of Law rules and procedures. Students should first discuss their options with ANU.

4.8 Pre-approved electives. The list of LO CPDC pre-approved elective subjects will be displayed and updated at least annually on the MLC website.

4.9 Non-pre-approved electives and cross-institutional study. Students are not limited to the LO CPDC pre-approved elective subjects. However, students seeking to undertake an elective subject that is not included on the LO CPDC pre-approved list of elective subjects must make an independent application to the LO CPDC. Applications must outline the nature of the non-pre-approved elective subject and provide a justification for studying the non-pre-approved elective.

4.10 In order to qualify for the award of a Master of Military Laws, ANU policy allows for completion of no more than two subjects outside of the ANU postgraduate law program.

4.11 In order to apply for a cross-institutional course, students must:

a. Seek ANU approval and complete relevant ANU paperwork in this regard.

b. If applying for approval, through an institute other than the Consortium, the student must seek LO CPDC approval, by completing an ‘AG1 General Application’ form, found on the CPDC website. This should clearly indicate:

(1) Costs (including course fees, travel and accommodation);

(2) Why the chosen course is either different to the offered ANU/UoA courses, or if similar to an already approved ANU/UoA course why this one is preferable;

(3) The chosen course’s relevance to military law and its benefit to Defence; and

(4) Submit a subject nomination to the MLC, prior to the nomination date for this elective. Students must not enrol in the subject until the LO CPDC has approved funding.

4.12 In accordance with LO CPDC policy, students may only undertake one Leadership and Management subject.

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5 LEGAL TRAINING MODULE 4 (LTM4)—LEGAL PRACTICE MANAGEMENT

5.0 This chapter sets out the administrative requirements for LTM 4 Legal Practice Management courses, previously known as LL5 management courses.

5.1 Basis. Under LOSOCS Policy, LO progression f rom LL4 to LL5 requires either:

a. the attainment of a management-related qualification covering practical management issues for senior managers in a professional workplace AND demonstrated skill for a specified duration, or

b. equivalent experience in a management role, such as a command position.

5.2 Entitlement. Only students who are LL4 are eligible to apply for funding for LTM4 courses.

5.3 Course location. In general, LTM 4 courses should be undertaken in the legal officer's posted location. MLC will however fund travel where a local option is not available16.

5.4 Approved courses. There are currently seven pre-approved management courses for LTM4, being:

a. Australian Command and Staff Course (ACSC)

b. Centre for Public Management—From Manager to Leader: Knowing, Doing, Being at the executive level

c. Australian Institute of Management—Manage People Effectively

d. Australian Public Service Commission—Leadership in Practice

e. Australian Public Service Commission—Leadership Expansion

f. Defence Legal Practice Management

g. Navy Leadership Development Workshop—Making Headway

5.5 Table 6.1 below contains details for each of these courses.

5.6 Alternative courses. LO CPDC may approve funding to complete an alternative management course, provided this alternative meets the requirement and intent of both LOSOCS and relevant LO CPDC decisions. Ordinarily, these should be in the member’s posted location. Courses approved in this manner will ordinarily be published on the LO CPDC decisions webpage17.

5.7 If a legal officer wishes to complete a course that has not been approved by the LO CPDC, the legal officer must apply to the LO CPDC for the course to be recognised.

16 Travel funding will be limited to the difference between the cost of training in the legal officer's posted location, if available, and the cost of training in the requested location. 17 http://www.defence.gov.UoA/Legal/CareerManagement/advancementLegalLevels.asp

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Applications should be sent to the LO CPDC Secretary18, who will then liaise with DMLC to review the merits of the requested course before presenting the proposal to the LO CPDC.

5.8 If a legal officer wishes to complete a course that has not been approved by the CPDC, the legal officer must apply to the CPDC for the course to be recognised. Applications should be sent to the CPDC Secretary, who will then request a brief from the DMLC for the CPDC.

Application process

5.9 The steps in the process are:

a. The individual LO identifies an appropriate approved LTM4 course, and obtains LO CPDC approval if the course has not been pre-approved.

b. LO seeks approval from MLC to apply for the identified course

(1) The application must address the following:

1. Proposed course details, including dates and estimated cost

2. LL4 seniority

3. Current posting location

4. If MLC funded travel is requested, a draft DTBC and explanation why no local courses (if any) are suitable.

(2) Applications should be submitted via mlc.nominations@defence.gov.au

c. MLC obtains and provides the LO with the required funding approvals.

d. The LO formally enrols with the training institution

(1) The LO is responsible for ensuring the invoice is sent to the MLC:

Military Law Centre, Department of Defence Attn: MLC Business Manager Victoria Barracks Sydney, Building 113 Locked Bag 7005, Liverpool NSW 1871

18 cpdc.secretary@defence.gov.UoA

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Table 6.1 – LO CPDC-approved LTM4 Management Courses 19

# Course name & provider Duration Est. Cost Descriptor 1. Australian Command and Staff Course

(ACSC) Australian Defence College *By selection only

46 weeks N/A http://www.defence.gov.UoA/ADC/ACSC/course/ http://www.defence.gov.UoA/adc/acsc/course/docs/ACSC(J)-Joining-Instruction-2018.pdf Australian Command and Staff College—Joint, or ACSC(J), is a 46 week integrated military and university course for mid-career ADF and international military officers and selected Australian Public Servants.

2. From Manager to Leader: Knowing, Doing, Being at the executive level Centre for Public Management (CPM)

3 day residential/non-residential

Residential ($4,500)/ Non-residential ($3,500)

https://www.cpm.com.UoA/courses/view/42 The rapidly changing demands on public service managers requires you to not only know how to lead but and to demonstrate leadership behaviours, but also to be a congruous and values driven leader. This course explores and addresses these and other issues in a practical and experiential way.

3. Manage People Effectively Australian Institute of Management (AIM)

3 day on-campus workshop

$2,475 https://www.aim.com.UoA/courses/manage-people-effectively This short course reveals how using emotional intelligence in your communication and 22ehavior as a leader can engage your staff, create meaningful relationships and facilitate team cohesion.

19 Course details and summaries are accurate as of June 2018, but are subject to change

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4. Leadership in Practice Australian Public Service Commission (APSC)

6 days over 3 months

$5,500 http://www.apsc.gov.UoA/learn-and-develop/national-learning-and-development-calendars/executive-level-leadership-programs/el2-leadership-in-practice https://www.apsc.gov.UoA/national-calendar This program supports participants to develop critical management and leadership capabilities. This course develops the strengths, capability and performance of your team to deliver results and balances a range of tensions when translating strategic direction into operational outcomes.

5. Leadership Expansion Australian Public Service Commission (APSC)

6 days over 3 months

$5,500 http://www.apsc.gov.UoA/learn-and-develop/national-learning-and-development-calendars/executive-level-leadership-programs/el2-leadership-expansion https://www.apsc.gov.UoA/national-calendar By the end of the course, participants will effectively influence others to manage competing demands, drive change and deliver on strategic outcomes, and skillfully assess the broader strategic context in order to make astute decisions and provide quality advice on complex issues.

6. Defence Legal Practice Management 3 days at Defence Legal, Canberra

Nil http://legacy/teamweb2010/dl/StaffResources/Professionalisation/Lists/2018%20Practice%20Management%20Course/AllItems.aspx

7. Navy Leadership Development Workshop – Making Headway Navy (*for Navy personnel only)

3 days at various Defence Locations

N/A http://drnet/navy/DNLCD/LeadershipDevelopmentWorkshops/Pages/NominateforaWorkshop.aspx

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6 ADMINISTRATIVE INFORMATION FOR COURSES CONDUCTED AT MLC (LTM1, JOLT AND APCML COURSES)

6.0 Exact course-specific administrative details will be provided to students in the relevant course joining instructions. Below is an outline of the standard/normal administrative arrangements for the LTM1 residential phase to allow for advanced preparation, which is generally applicable to JOLT and other courses conducted at ANU. Where there are differences, the relevant course joining instruction is the authoritive source.

6.1 Course venue. The LTM1 course is usually conducted in Sydney at the Military Law Centre Training Room, Building 113, Victoria Barracks-Sydney, New South Wales.

6.2 Accommodation. All students attending MLC courses will be booked into Service accommodation for the duration of the course, typically at Randwick Barracks. Provision should be made in your Defence Travel Budget Calculator for accommodation fees with exact fees outlined in the Joining Instruction. Assistance will be available at the accommodation to register arrival, provide room keys (if not already collected) and to provide any necessary additional direction, information or resources prior to the beginning of the residential phase.

6.3 For LTM1 and JOLT, there is a requirement to stay on-base. Requests to live out for the duration of the course will be considered on a case-by-case basis and will only be granted in exceptional circumstances20. Requests to live out are to be submitted by email to mlc.admin@defence.gov.au

6.4 Students should be prepared for austere accommodation, in single-sex shared rooms (between two and four persons per room). The accommodation has bathroom and shower facilities. Students must bring their own towel as these are not supplied in the accommodation.

6.5 Transport. MLC provides transport to and from Victoria Barracks. Students are discouraged from using private vehicles for the commute from Randwick to Victoria Barracks as there is limited parking at Victoria Barracks.

6.6 Attendees. Any legal officer can be expected to act as the duty student for one of the days while on course. The duty student will be responsible for coordinating student attendees and vehicles, and generally ensuring that everyone arrives to class on time.

6.7 Meals. All meals are provided at Commonwealth expense. Meal locations will be set out in the Joining Instruction.

6.8 Dress standards. Students are required to comply with the Victoria Barracks Officers Mess (VBOM) constitution and rules, including dress standards. Students are to ensure their dress and bearing is of a high standard at all times, whether in uniform or other attire. Normal military courtesies are to be observed. Students must display their Defence ID above waist height at all times on base. Students are not required to be in uniform after hours, however students are always expected to dress appropriately as an ADF member and as such neat, clean attire is expected. Torn clothing or clothing with offensive slogans is not acceptable at any time. Students may obtain the appropriate uniform/s from their local base clothing store or order their uniform/s online at https://www.defenceclothing.com.au/store/. For all enquiries, contact the Defence Online Clothing Stores Helpdesk at cool.helpdesk@ssds.com.au or 1300 277 737.

20 Students who voluntarily “live out” are not ordinarily entitled to claim incidentals or other allowances.

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6.9 Students are to check the joining instruction to confirm uniform requirements. However the standard MLC/APCML course ‘Dress of the day’ is standard office dress (aka polys/whites/SDs) not camouflage uniform21.

a. Navy22 (1) Summer (Oct-late Apr) – S7 or S8 (whites- ss shirt with trousers, skirt or

shorts) (2) Winter (late Apr-Oct) – W7 (Long sleeve shirt, tie and black trousers).

http://www.navy.gov.UoA/about/organisation/uniforms

b. Army—2E or 2F http://www.army.gov.au/Our-work/Equipment-and-clothing/Army-Dress-Manual

c. Air Force—Service Dress 1B or 1C http://intranet.defence.gov.au/home/documents/data/RAAFPUBS/Manuals/ AFDMAN.pdf

6.10 Security clearance. A BASELINE clearance is required prior to attendance on the LTM1 residential phase and APCML courses. A NV1 clearance is required for JOLT and MSOLT. Students not holding this are to make arrangements through their supervisor/single service to rectify this well in advance of attending course.

6.11 Defence Protected Network (DPN)23 access. Students are to ensure that they have active DPN and Objective accounts before attending the MLC. The creation of such accounts is the individual officer’s responsibility with assistance available through their posted unit.

6.12 There will be a DPN terminal provided to each student in the classroom during most MLC courses, including LTM1 and JOLT. The DPN-connection is primarily to facilitate student learning on the course, especially to show students where to access policy and doctrine and to practise application of military law and associated policies. The amenity value of these DPN-connections is incidental only and its use remains subject to the DPN Information System Security Practices and Procedures.

6.13 ADELE. The internet-based learning platform ADELE (www.adele.edu.au) is utilised on all MLC and APCML courses. Students are to ensure they have an active ADELE account prior to attending course. The process for establishing an ADELE account is available on the ADELE homepage, but will require access to DPN email to confirm identity.

6.14 Personal electronic devices. Students may bring personal electronic devices (PED), such as laptops and tablet computers. However, if PEDs prove to be a distraction, they will be removed and returned at the end of the day. Note there is limited wireless internet access at the MLC and none at the Randwick Barracks accommodation. Limited wifi access may be available at the Randwick Barracks Officers’ Mess (RBOM).

6.15 Other facilities. Telephone, facsimile and photocopying facilities are available at the MLC.

6.16 Medical. In all cases, students are to notify MLC of the requirement for medical support at the earliest possible opportunity. Primary medical support during the day is through the 21 NOTE: Relevant service camouflage dress is the dress of day for JOLT and MSOLT. 22 Check the relevant course joining instructions if the course runs in either late April or any time in October, to ensure the appropriate season dress is worn. 23 previously known as the Defence Restricted Network or DRN

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VBS Regimental Aid Post (RAP), which can be contacted on (02) 8335 5550. Students should seek treatment as follows:

a. Minor medical issue during the day: Proceed to the RAP.

b. Medical issue during the night: Phone 1800 IM SICK (1800 46 7425), a service available for all permanent ADF members within Australia. While on course, Reserve ADF members are able to access this service, if required.

c. Serious or life threatening emergency: Call for an ambulance on 000 if required and proceed to the nearest public hospital emergency department. Advise MLC of the circumstances surrounding the requirement to seek medical attention as soon as practicable after the emergency has passed.

6.17 Contact details. Students may carry a mobile phone during the course, although as with other PEDs, if it proves to be a distraction, it will be removed and returned at the end of the day. Lockers are available to store electronic devices. Otherwise, students may be contacted on course by telephone message left with MLC staff on (02) 8335 5627.

6.18 Defence Travel Card (DTC). All students must ensure they have a DTC prior to nominating for the course. PLOs should contact their posted unit for assistance in applying for a DTC. RLOs should contact the Defence Legal travel officer for assistance on (02) 6266 3797 or by email on dl.reservesupport@defence.gov.au Students should note that a DTC application can take several weeks to process. Therefore, the member should apply well in advance of the course commencement date.

6.19 Long-distance movements. Students are responsible for completing a Defence Travel Budget Calculator (DTBC) and submitting it by the date specified in the Joining Instruction. Students are then to make bookings in accordance with the approved DTBC using the QANTAS Business Travel (QBT) online system (note that accommodation arrangements will be made by the MLC). Students will require a logon for the QBT system and will also require a DTC. If students do not have a DTC, students must apply for one immediately.

6.20 Instructions for reconciliation of travel budget against actual expenses, subsequent to the residential phase, are included within the Joining Instruction and in this Handbook. If students have any difficulties with the requirements in this paragraph, speak to the relevant unit administration in the first instance. All travel must be approved by the MLC prior to any bookings being undertaken.

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7 ADMINISTRATIVE INFORMATION FOR LTM2 AND LTM3 COURSES CONDUCTED AT ANU AND UoA

7.0 Course facilities. The military-specific LTM2 and LTM3 subjects are ordinarily conducted at the ANU Law School on the Canberra Campus of the ANU. A campus map can be found at http://www.anu.edu.UoA/maps# Some LTM3 subjects are also conducted at UoA. While subject to change, the standard arrangements for each campus are detailed below.

Courses conducted on campus at ANU

7.1 Accommodation. MLC will arrange accommodation for interstate students, usually either in ANU’s Liversidge Court Apartments (shared apartments), ANU University House (individual rooms), or at a nearby ADF establishment. Detailed information on student accommodation will be sent by ANU to the students’ ANU email addresses three weeks prior to course commencement.

7.2 Medical. In all cases, students are to notify the MLC of the requirement for medical support at the earliest possible opportunity. Primary medical support during the day is through the Duntroon Health Centre, which can be contacted on (02) 6265 9613. Students should seek treatment as follows:

a. Serious or life threatening emergency: Call for an ambulance on 000 if required and proceed to the nearest public hospital emergency department. Advise MLC of the circumstances surrounding the requirement to seek medical attention as soon as practicable after the emergency has passed.

b. Minor medical issue during the day: Proceed to Duntroon Health Centre (using DTC if required). Opening hours are 0800-1600. Sick parade is usually 0800 to 0930 weekdays, and 0930-1100 weekends.

c. Medical issue during the night: Phone 1800 IM SICK (1800 46 7425). This service is available for all permanent ADF members. While travelling on course/duty, Reserve ADF members are entitled to access this service.

d. Taxi transport for medical issues may be claimed on DTC.24

7.3 Car parking. On-campus parking at Liversidge Court Apartments or University House (as applicable) may form part of the accommodation package for interstate students. Canberra-based students who need to drive to the ANU have several options, including:

a. making informal arrangements with interstate students to utilise their allocated parking,

b. self-fund their parking on the ANU campus, or

24 If transport is required for medical treatment, students must contact the MLC so that use of the DTC for taxi can be verbally approved. If the call is diverted to voicemail, leave a telephone message with your contact telephone number and proceed to travel to Duntroon by taxi. A DTBC for Conditions of Service to attend Duntroon Medical Centre must be drawn up with the applicable account Code of 20772 and CCC as follows:

• Navy – CCC 253700 • Army – CCC 352455 • Air Force – CCC 424068

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c. utilise the free ANU shuttle bus from a free parking site near the National Arboretum.

7.4 Dress. Dress is to be neat and clean civilian attire such as would be appropriate in an Officers’ Mess/Wardroom. Students represent the ADF and must ensure their dress and bearing reflects well upon the ADF at all times.

7.5 ANU student identification cards. Students should carry their ANU student identification card at all times while on campus. Students can visit the Student Administration centre on campus while on course and obtain their identification card in person. Alternatively, students can complete the application form contained within their enrolment pack and mail the completed form with two passport sized photos to ANU for processing.

7.6 ANU User-ID. Students should receive logon information when they receive their enrolment pack by mail from ANU. Students should ensure they bring their ANU User-ID and password details with them when attending courses at ANU. This User-ID will provide access to the ANU IT network and an ANU email account. Students can also use their User-ID to access the ANU library databases remotely.

7.7 ANU email and contact details. The ANU email system is the primary means of contact between ANU course/admin staff and students and needs to be checked regularly. There is the option to have the emails automatically forwarded to a more convenient email address. Students are responsible for checking and updating details with ANU (using ISIS), prior to the closing date for nominations. This includes setting up a forwarding mechanism to receive important course, enrolment, and accommodation information.

7.8 Administrative support. The administrative point of contact for ANU is:

Ms Rose Coppin, Mr Ben Paine or Mr Eric Hung Military Law Program Coordinator ANU College of Law, Bld 5, Fellows Rd, Acton ACT 2601 T: 02 6125 3965 (Rose); 6125 0490 (Ben); 6125 3483 (Eric) Email: defence.law@anu.edu.UoA

Courses conducted at the University of Adelaide

7.9 Accommodation. Unless advised otherwise in the Joining Instruction, students travelling from outside Adelaide will be booked into Keswick Barracks.

7.10 Medical. Keswick Barracks has a comprehensive and fully functional tri-service medical centre and fully functioning dental surgery. For issues out of hours, phone 1800 IM SICK (1800 46 7425).

7.11 Car parking. Free parking is available at Keswick Barracks. Alternative parking options are to be self-funded by the student. There is no facility for onsite parking at UoA during business hours. There is metered parking and public parking spaces outside UoA (located North of the University entrance and alongside the River Torrens).

7.12 Course management system. UoA students will have access to the ‘MyUni’ online environment in order to manage their coursework and assessments. MyUni is a similar system to ANU’s ISIS, which allows students to use their University ID to log on and access their course program and grades. Course outlines and materials will be available prior to

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arrival. Students will have full access to all UoA systems. Students will also have access to the Adelaide Law School Unified page which provides general information about the School and announcements while in Adelaide.

7.13 Gym membership. While at UoA, students will have access to the Fitness Hub for the duration of the course.

7.14 Transport. There are various modes of transport available to students, as detailed below:

a. Taxi: The fare from Adelaide Airport to Keswick Barracks is approximately $25.

b. Train: Adelaide Metro Trains provide rail transport from Goodwood Station (5-minute walk from Keswick Barracks) and Adelaide Showground (3-minute walk from Keswick Barracks and 4-minute train ride to Adelaide Railway Station in the city). It is a 7-minute walk along North Terrace to the University.

c. Tram: It is an 8-minute walk to the Tram station at Goodwood and an 8-minute walk to the University.

d. Bus: Bus services run every 10 to 15 minutes along Anzac Highway, adjacent to Keswick Barracks.

7.15 Laptops. The MLC encourages students to take a laptop to the course intensive in order to access UoA’s IT systems and any course materials that are issued on CD-ROM. Wireless capability is available on the UoA campus to access these services (not at Keswick Barracks). Any students who do not have ready access to a laptop are advised to contact their posted unit. Students will find themselves at a disadvantage if they have not made adequate arrangements for computer access.

7.16 Internet access. Course material is usually placed on university password-protected websites which are not accessible from the DPN. Students are to plan in advance and ensure they can access this material as/when required.

7.17 Administrative support. The administrative points of contact for the UoA are as follows:

Justine Dzonsons Research and Academic Coordinator Adelaide Law School, The University of Adelaide Ligertwood Building Adelaide 5005 T: + 61 8 8313 5062 Email: justine.dzonsons@adelaide.edu.UoA

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8 GENERAL POLICY REGARDING LTM2 AND LTM3 PROGRAMS

Applicable University Policies and Procedures

8.0 ANU academic policies, procedures and forms govern the Master of Military Laws program and all ANU courses (http://drss.anu.edu.UoA/asqo/proposals.php). Students undertaking electives at the UoA will also be subject to UoA academic policies and procedures (http://www.adelaide.edu.au/policies/).

8.1 Students should ensure they are familiar with the current policies, procedures and forms of both universities relevant to the following topics, especially:

a. General assessment responsibilities b. Academic honesty and integrity c. Obligations for submission of assignments d. Extension policy e. Obligations for examinations f. Guidelines for marking g. Assessment task extensions and replacement examinations h. Appropriate conduct in the learning environment i. Preparation for and attendance at classes j. Engagement in course learning opportunities k. Access to student services of the University l. Access to appeals and complaint procedures m. Provision of feedback to University n. Timely feedback on assessment o. Publishing of results

8.2 The following forms can also be accessed from the ANU and UoA website:

a. Assessment Cover Sheet b. Request for Extension of Time to Submit Assessment c. Graduate Research Unit – appointment of supervisor d. Student Administration Services Forms (eg, Leave of Absence,

Program Transfer)

Defence expectations of students

8.3 Advancement through the Legal Levels is dependent upon successful completion of the courses and the courses are therefore in high demand.

8.4 The courses are normally restricted to 25 students, comprising both PLO and RLO from all Services. A fortunate consequence of attending the courses is that PLO and RLO from different backgrounds have the opportunity to engage and network to gain an understanding and appreciation of different Services practices, protocols and procedures.

8.5 All courses are pitched at a post-graduate level and students are expected to dress and behave maturely in a manner consistent with the standard expected of an ADF member. The relaxed learning environment and any observations of other standards on campus does not alter the standard expected of an ADF member. The courses play a significant role in continuing professional development and a professional approach to learning is expected, which includes avoiding the intrusion of electronic communications and giving presenters the attention they expect in accordance with professional courtesy. As a guide, students should

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conduct themselves as they would when receiving a presentation from any senior ADF member.

8.6 Consistent with the academic nature of these courses, students are expected to complete the preliminary reading and ensure they understand and follow the instructions for assessment in a timely manner as required by the ANU and UoA. The courses are rigorously assessed and attendance alone is insufficient to meet the requirements of the universities or the expectations of the ADF/MLC. Students should display a level of research, analysis and presentation that a senior ADF commander would expect from a committed professional legal officer.

Failure of subjects

8.7 The following policy applies to failures on LTM2 and LTM3 subjects:

a. Subject to the below exceptions, 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 (ie, reasons beyond their control) that account for the failure, the legal officer is to:

(1) Make an application through the relevant University Remission of Fees mechanism to state their case. If the extenuating circumstances relate to Service reasons, the MLC is available to provide support for such 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.

b. Legal officers who are unable to complete LTM2 or LTM3 because of repeated failure in one or more subjects are to have their appointment as a legal officer reviewed and the LO CPDC may recommend that the legal officer be issued with a termination notice or that the legal officer’s current appointment not be extended.

8.8 Integrity related breaches of training standards. The ANU, UoA and the ADF treat integrity-related breaches of training standards, such as plagiarism, collusion and cheating, very seriously. 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. Members are to be aware of, and adhere to, the relevant University plagiarism policy.

Recognition of prior learning (RPL)

8.9 There is a distinction between the academic qualifications awarded by the ANU and the progression of legal officers in Legal Levels. RPL by the ANU is relevant to the question of the award of an academic qualification (ie, Graduate Diploma or Master of Military Laws), but is not definitive in respect of progression through the LTMs and their associated Legal Levels. Similarly, RPL by the LO CPDC is relevant to the question of progression through

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LTMs and associated Legal Levels, but is not definitive in respect of the award of an academic qualification by the ANU. As such, separate applications may need to be made to the LO CPDC and the ANU depending on the purpose for which RPL is being sought.

8.10 RPL for academic purposes. As the ANU awards the academic qualifications for the LTM2 and LTM3 programs, a student wishing to obtain recognition of prior learning (RPL) must satisfy the requirements of the ANU. Subject to the ANU’s requirements, RPL may be awarded for:

a. Courses completed at the ANU or UoA under a different program,

b. Courses completed at a different university or tertiary institution, and/or

c. Certain relevant non-award studies.

8.11 For more information please contact ANU College of Law by phone on (02) 6125 3965 or by email defence.law@anu.edu.au 8.12 RPL for advancement under LOSOCS. The LOSOCS Policy sets out the process of RPL for LOSOCS purposes. 8.13 Where a legal officer has received RPL for LOSOCS purposes for one of the core LTM2 or LTM3 subjects, the legal officer may apply to the LO CPDC for funding for an elective subject in order to qualify for the grant of a Graduate Diploma or Master of Military Laws. Such funding is at the discretion of the LO CPDC.

Sharing of student information

8.14 In order for LTM2 and LTM3 to be delivered by ANU and the UoA, the MLC and the Consortium need to share certain personal information about students. Such information may include such things as contact details, course enrolments and discontinuations, attendance, performance, academic results. This is for the purpose of facilitating enrolment, for administrative purposes of the Universities and the MLC, for the MLC to ensure the efficient, effective and ethical use of Commonwealth resources and for ADF career management and professional development.

8.15 The MLC may provide such records and personal information to relevant Department of Defence agencies, including the LO CPDC, the relevant service career management agencies and Heads of Category/Corps/Community.

8.16 The Universities will provide the MLC with copies of assessments submitted by students which obtain a mark of ‘High Distinction’ or higher. The MLC may make these assessments available as a resource to the Defence Legal officer community for Defence purposes.

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9 COURSE/SUBJECT ENROLMENT PROCEDURES

9.0 All applications for enrolment or changes to enrolment, including associated paperwork, must be submitted through the MLC. Please note that panelling criteria for each LTM are different and have been outlined above in each Chapter concerning the respective LTM.

9.1 To request enrolment for LTM1, LTM2, and LTM3 courses (including elective subjects for which funding by Defence Legal is sought), legal officers must complete a nomination form which is located on the MLC page of the Defence Legal internet site. An auto-receipt of nomination from the mlc.nominations@defence.gov.au inbox will be sent and students advised in due course if they have been panelled.

9.2 LTM2 and LTM3. Legal officers are responsible for complying with all applicable ANU enrolment requirements. Officers are required to provide the following documents with their initial enrolment application:

a. ANU Postgraduate Coursework application, including the required documents:

o Certified true copies of all tertiary academic results transcripts.

o Certified true copy of transcript for Admission to Practice Certificate (for those who do not have an LLB).

o Certified true copy of proof of name change (if applicable).

o Certified true copy of citizenship certificates (if applicable).

o MLC Nomination Form.

9.3 Any costs associated with obtaining replacement transcripts or other required certificates are to be met by the ADF legal officer. Failure to supply the above documentation will result in the officer being ineligible for admission to the relevant ANU program and unable to complete academic requirements for advancement in Legal Level.

9.4 Completion of ANU enrolment processes requires students to log on to the ANU’s online student management system, known as Wattle, and enter certain demographic data. Until this process is completed, enrolment will not be effective and inclusion in any LTM2 or LTM3 course panel may be jeopardised.

9.5 All requests for enrolment in subjects at ANU will be treated as nominations. The MLC will assess all nominations and finalise the course panel approximately eight weeks prior to the commencement of the intensive courses. Students may be placed on a wait list and only offered a position on the course in the event of a withdrawal.

9.6 Where a student has nominated for a subject and has not been panelled on that subject, the MLC will not automatically assume that the student seeks nomination on the subject in the following year. Students are required to re-nominate when enrolments commence for the following year.

9.7 LTM3 electives at the UoA. Where a student has nominated and been panelled on a subject held at UoA:

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a. The MLC will provide UoA with the student’s enrolment information (including full name, date of birth, contact number and address), and will identify which electives the student has been approved to undertake.

b. An email confirmation of enrolment will be sent by UoA to the MLC, ANU, and the student. Students will receive a welcome letter from UoA with a student ID and password, which is sent approximately 90 days prior to the start of the relevant study term.

c. Students can log on to ‘Access Adelaide’ to change their password and complete the enrolment checklist, to confirm personal information (students are already enrolled before this stage), and log on to ‘MyUni’ to access course material (dependent on when the course coordinator makes it available). Students can also activate their UoA email and set a forwarding rule to their preferred inbox.

d. Upon arrival, students will receive a welcome bag and will be taken to Card Services, where they can obtain their student ID. Building access will be granted automatically.

e. Results are processed by Adelaide Law School and the transcripts are emailed to ANU to be included in the student’s records.

9.8 Program leave. There is no requirement for students to apply for program leave for semesters where they are not undertaking any study. However, under ANU policy, students who do not undertake any courses within a two year period will be automatically discontinued from the relevant program and will need to re-enrol if they wish to complete the relevant program. Any concerns or queries about program leave should be made to ANU directly, via defence.law@anu.edu.au 9.9 ANU Point of contact. The enrolment and administration of ADF legal officers at ANU is managed by the Military Law Program Coordinator within the ANU College of Law. All queries regarding enrolment or any other administrative matter at ANU are to be directed to the Military Law Program Coordinator (not to general student administration). Their contact details are listed in paragraph 7.8 of this Handbook.

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10 STUDENT TRAVEL BOOKING INSTRUCTIONS

10.0 Defence Travel Budget Calculators (DTBC). All students will require a Defence Travel Card (DTC). Travel will not be funded by the MLC without a DTC. The MLC will send a template DTBC to all students by email along with the course Joining Instruction. Students should add the relevant information to their DTBC, acknowledge that they understand their travel budget by signing the ‘Members Signature’ section on the front page, and return to the MLC by email by the date specified to mlc.admin@defence.gov.au. The MLC will allocate a File Reference number and finance codes before returning the signed and authorised DTBC.

10.1 All legal officers attending courses (including RLOs) are required to administer their own travel arrangements in accordance with the below details.

Booking your travel

10.2 Students attending courses must prepare their own DTBCs and submit to the MLC for approval before making any bookings.

10.3 Air travel. Upon receipt of an approved DTBC from the MLC, all students travelling by air must book their flights in accordance with approved budget. All flight bookings must be made via QBT against a DTC. Flights can be booked by either method:

a. Online, using the QBT booking tool, which can be accessed on the DPN at https://www.portal.qbt.travel/?companyUniqueCode=defence; or

b. Over the phone with QBT by calling 13 11 57.

10.4 Own means travel. Students are not automatically entitled to travel using their private motor vehicle. Rather students are required to use service vehicles where these are available. Students wishing to travel using their private motor vehicle for MLC-related travel are to complete the following before applying to MLC for travel approval.

a. Confirm that a service vehicle is not reasonably available, either from their local/home unit(s) or motor transport pool.

An email from the relevant motor transport pool and/or unit vehicle coordinator is sufficient for this purpose.

b. Complete a Cost Comparison—Duty Travel/Leave (PY010), including estimated travel times.

c. PLOs and CTFS officers must have a Motor Vehicle Allowance (MVA) Calculator for the relevant vehicle, and be aware of the MVA policy and procedure (available on the Defence Intranet Travel page). RLOs may still use their DTC to claim MVA.

10.5 Own means travel is an entitlement not a right, and will normally only be approved where the cost comparison is favourable to the Commonwealth. Members are only entitled to the most economical means of travel. As such, if a service vehicle is available, then a member cannot claim OMT allowance simply because they prefer to use their own vehicle. If a service vehicle is not reasonably available, then the member would only be entitled to the least expensive option on the PY010 (which may include a rental vehicle for short-term travel).

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Changes to pre-approved travel

10.6 Changes to arrival/departure date. Students must seek permission from MLC to arrive or depart on a different day to that specified in the Joining Instruction. This is especially important for students who may require extra accommodation.

10.7 Changes to travel arrangements. Students must obtain at least verbal approval from the MLC prior to making changes to their travel arrangements, such as swapping flights. On return to their unit, any deviation from the pre-approved travel must be recorded in the after-travel certification section of the DTBC. If verbal approval is not obtained, MLC may not approve the revised travel arrangements.

Post-travel administration

10.8 After Travel Certification. Students must complete the After Travel Certification section of their approved DTBC (page 2) to declare that the journey has been undertaken in accordance with the approved budget, and annotate any post-approval changes. All post-travel administration must, in accordance with PACMAN 9.5.30, must be completed within 28 days of completion of travel. This includes:

a. Travel reconciliation, particularly the acquittal of DTC transactions on Defence’s Card Management System (CMS), and

b. Providing documentation to MLC.

10.9 Travel reconciliation instructions. Travel reconciliation is the responsibility of the individual member. However there are different procedures for reconciliation between RLOs and PLOs:

a. RLOs. The CMS accounts for most RLOs are managed by Defence Legal Reserve Support. A copy of the completed DTBC, including signed after Travel Certification, and receipts for all card transactions, including cash withdrawal receipts, must be forwarded to the account supervisor dl.reservesupport@defence.gov.au and mlc.admin@defence.gov.au within two weeks of the course completion date.

b. PLOs. PLOs are usually responsible for acquitting their own travel on CMS, as per the instructions below. If not, these instructions should be passed on to the relevant CMS account holder. All relevant documentation, including completed DTC, CMS report, and receipts must be forwarded to the MLC and the appropriate CMS supervisor within 28 days of the relevant travel occurring.

10.10Providing documentation to MLC. Copies of the following documentation are to be provided to mlc.admin@defence.gov.au no later than 28 days after course completion.

a. A signed CMS Expense Summary Report,

b. Travel-related receipts for expenses where cash was withdrawn to pay for expenses other than either pre-approved meals & incidentals or own mean travel (eg, mess transit fees).

c. ONLY if one of the below circumstances arises must the After Travel Certification (on the approved DTBC) and other travel-related receipts be submitted:

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(1) The relevant expense was not pre-approved on the DTBC.

Example. Mess transit fees were not included on original DTBC or were higher than budgeted.

(2) There was a change in the approved travel plan that resulted in an overspend of original budget.

Example. A cancelled/delayed end-of-course flight results in the student having to purchase a non-budgeted meal at the airport (all receipts required in this particular circumstance).

(3) There was a change in the approved travel plan that decreases the original budget/entitlement and results in an amount needing to be repaid.

Example. An early course conclusion meant arriving home before 1800h, removing entitlement for that evening’s meal allowance).

10.11Enquiries. More information on travel, including DTC applications, is available from the Defence Travel Management intranet site at http://DPNet.defence.gov.au/DSRG/DefenceTravel/Pages/Home.aspx or by e-mail dl.dbpfm@defence.gov.au

CMS Acquittal requirements for MLC courses.

10.12 When acquitting MLC-related transactions in in CMS, please adhere to the following requirements:

a. Use ‘FILE REFERENCE NUMBER—SURNAME—COURSE—DATE’ in the ‘Expense Group’, ‘Purpose’ and ‘Description’ fields (copy & paste) as per below.

Figure 9.1 – Example of a transaction acquittal for an LTM2 course on CMS

b. The file reference number is the file reference found on the top right-hand side of your approved DTBC.

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Figure 9.2 – Location of the File Reference number on a DTBC

c. The Account Code, Cost Centre Code and WBS need to be entered as per your DTBC e.g. 21312, 1551XX & DS-LS-MLC-XXXX.

d. The Account Code listed on DTBC should be used for all transactions.

Debts 10.13Travellers required to pay money back to their Defence Travel Card (eg, due to travel itinerary changes) are to use the BPAY system to pay money back to their Defence Travel Card. The Diners Club Biller code is 3012 and the reference number is the traveller’s Defence Travel Card number.

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11 EMPLOYMENT ADMINISTRATION FOR RESERVE LEGAL OFFICERS

Reserve Service Day (RSD) approval

11.0 The MLC will administer and authorise the payment of salaries and allowances for all RLO students panelled on LTMs. However, as with all reserve employment, it is the individual RLOs responsibility to ensure the appropriate approvals have been obtained before commencing the period of service.

11.1 RSD allocation. Students will be authorised one RSD for each day they are expected to attend a course intensive/residential, plus one day for travel on the day preceding the course (if needed)25. RSD will also be allocated for additional days to undertake pre-course readings, post-course assessments and/or consolidation tasks in accordance with this Handbook.

11.2 Authorisation Number. After course panelling, the MLC will raise the appointment form ‘R1’ for all activities related to LTMs and forward these to the RLO and DL Reserve Support team at dl.reservesupport@defence.gov.au Defence Legal will then issue, by email, an Authorisation Number, which should be quoted on the Reserve Attendance Diary (RAD).

11.3 Attendance allowance. Students are not entitled to an attendance allowance if they are paid travel allowance and incidentals for their attendance. Attendance allowance is only claimable when attending a designated place of duty, while not receiving any other form of Travel Allowance.

Reserve Attendance Diaries (RAD)

11.4 RLOs are responsible for completion and submission of RAD in a timely manner. Students may submit more than one RAD for payment if desired (eg, a claim for travel and course attendance initially, followed by a separate claim for completing post course assessment).

11.5 Each RAD must be completed on SmartForm AE 126-1 indicating the relevant subject course and activity codes26. RADs are to be digitally signed by the RLO and submitted electronically to mlc.admin@defence.gov.au The authorised R1 should also be attached to this email.

11.6 MLC will only approve RADs relating to MLC activity. The MLC cannot authorise payment for any other duties.

11.7 MLC staff will check the RAD before certifying the attendance and forwarding to Defence Legal for processing. The relevant RLO will be cc’d in on the email to Defence Legal.

25 Additional travel days will be allocated in certain circumstances, such as the non-availability of flights on the day prior to course or on the evening of the last day of the course. 26 The Form AE 126-1 can be located on DPN Webforms and on the Defence Legal Intranet site <http://DPNet.defence.gov.UoA/AssociateSecretary/DLD/LegalResources/Pages/Forms.aspx>

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12 MLC ASSESSMENT MANAGEMENT AND RECORD KEEPING POLICY

Assessment management

12.0 The below assessment management policy applies to all MLC courses where there is an assessable component. It does not apply to courses facilitated by external providers, such as ANU or UoA.

12.1 Grading terminology. Assessment of all MLC courses is graded in terms of ‘Satisfactory’ or ‘Not yet satisfactory’. Previously, some vocational courses, such as JOLT or MSOLT, were graded as ‘Ready’ or ‘Not Yet Ready’. However this grade cannot be accurately reflected on PMKeyS, so students on these courses will therefore now be graded as either Satisfactory or Not yet satisfactory.

12.2 Student progress. The specific assessment regime for a course will be provided to students prior to the course, and briefed at the outset of the course. In general, MLC courses consist of several discreet modules (eg, in the case of LTM1, operations law, discipline law, administration law and military legal practice) with each module being assessed individually.

12.3 Some courses also have a final or end-of-course assessment, which may assess some or all of the material delivered during the course.

12.4 In order to achieve an overall result of Satisfactory for the course, students must pass each module assessment. Members who do not successfully satisfy all components of the course will be recorded in PMKeyS as Not yet satisfactory.

Training Progress Reports

12.5 Training Progress Reports (TPR’s) will be utilised throughout the course to highlight to students the following deficiencies in academic performance:

a. ‘Not yet satisfactory’ on a primary module assessment (TPR Level 1). A TPR is issued by the Module Manager recommending a remediation plan, on completion of which, the student will undertake a supplementary module assessment (a re-test). The supplementary module assessment is to be completed at the first opportunity during the course (usually with a minimum of 12 hours after receiving their remediation plan).

b. ‘Not yet satisfactory’ on a supplementary module assessment (TPR Level 2). A TPR is issued by DMLC recommending completion of a remediation plan, which is then followed by a final module assessment. The final module assessment would ordinarily occur outside the course, in agreement with DMLC, and no later than 28 days after the issuing of the TPR Level 2.

c. ‘Not yet satisfactory’ on a final module assessment (TPR Level 3). A TPR is issued by DMLC removing the member from course, and referring the member to relevant HOC. A TPR Level 3 indicates a grade of Not yet satisfactory for the relevant course.

12.6 For some courses, such as Joint Operations Legal Training (JOLT) and Advanced Inquiry Officer Course (AIOC), there is no TPR Level 2. As such, Students will only receive two TPRs for a particular assessable component before being removed from course.

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12.7 All TPRs are to be provided to the student and a copy retained on the student’s MLC file.

Student input before TPR decisions

12.8 Prior to finalising a TPR, students may be provided an opportunity to comment on the basis/allegations that form the basis of the TPR, and provide relevant mitigating facts (if applicable).

Receipt of multiple TPR

12.9 Where a student has been issued three TPR (of any level) during the module or in-course assessments, they are to be referred to the Board of Studies (BoS) for consideration as to whether the student remains on course. TPR issued for module assessments are not carried over into the final assessment phase27.

12.10Students who have been issued three TPR (of any level) arising from the final assessment phase/day, will similarly be referred to the Board of Studies (BoS) for consideration as to whether the student is allowed to complete the course.

12.11If the BoS decides a student is allowed to continue on course, and they subsequently receive further TPR, the BoS may again convene to consider the student suitability to remain on course.

Board of Studies (BoS)

12.12The BoS is the procedure used by MLC, predominantly during the conduct of a course, to:

a. Review assessment results if systemic error in teaching or assessment is suspected.

b. Remove from consideration assessment items that are in error, or otherwise should not be used in evaluating trainees.

c. Review student results.

12.13DMLC responsibilities. DMLC, on an as required basis, is responsible for:

a. convening the BoS

b. approving the BoS agenda

c. identifying the members of the BoS, including:

(1) subject matter experts (SMEs) (eg, usually the Module Manager)

(2) the Chair (eg, usually the MLC TDO/TCO)

(3) other members as required.

27For example, Student X could fail two primary assessment during course, but these will not count against him for the end-of-course assessment. As such, he is again able to fail up to two primary assessments before the BoS will convene to consider removal from course.

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d. ensuring consistency of assessment

e. confirming the instruction and assessment has occurred in accordance with the LMP

f. ensuring the welfare and wellbeing of all course participants

12.14The BoS may seek input from the course manager or other SMEs as necessary, in the course of their deliberations. HOC may also be present during BoS deliberations in order to assist in debrief/career counselling of members.

12.15SME responsibilities. The BoS SME is responsible for:

a. advising DMLC of any suspected systemic error of instruction or assessment

b. acting as understudy to DMLC.

12.16BoS Secretary responsibilities. The secretary (usually the MLC TDO) is responsible for recording and compiling relevant documentation as a result of the BoS determinations (e.g. Records of Conversation etc).

12.17MLC TDO/TCO responsibilities28 MLC TDO/TCO is responsible for being the Chair, and the training and assessment SME to the BoS.

12.18MLC/APCML training staff responsibilities. All training staff are responsible for:

a. identifying and advising the relevant SME or module manager of any suspected systemic error of instruction or assessment.

b. identifying and advising the relevant SME or module manager of any trainees who may have poor results due to extenuating circumstances.

c. if requested, participate in the BoS as an SME or ex officio.

12.19Input from other parties. The BoS may engage with Heads of Category (HOC) and/or DGADFLS (or their representatives) as necessary to assist in informing the decision of a BoS.

12.20BoS Procedure. DMLC will convene a BoS on an as required basis. Appropriate documentation will be produced that may include:

a. Decisions (eg, omission of an assessment item, affirmation or change of a student result, etc)

b. statements of reason (as required), possibly including weighting of evidence; and

c. actions required as a consequence of the decisions.

12.21Care must be taken to ensure:

a. decisions and statements of reason are clearly articulated.

b. outcomes are released in a timely manner. 28 Where there is not a formally-qualified education officer posted to the MLC, DMLC may nominate another officer to fulfil this role.

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c. appropriate caveats are used on records (eg, SENSITIVE: PERSONAL)

d. determinations are followed through.

12.22Post BoS. As a consequence of a BoS, DMLC may need to raise additional documentation (eg, a Minute to a trainee advising him/her of the outcome of the BoS).

Assessment appeal procedures

12.23 The intensity and tempo of MLC courses are such that any requests for reconsideration of DMLC or BoS decisions, particularly removal from course/Not yet satisfactory decisions, must be addressed quickly so that students who are successful in seeking review of the decision are not unfairly disadvantaged and are able to successfully continue on course.

12.24 Accordingly, students seeking review of BoS decisions must:

a. Advise either DMLC or the course manager of their intention to seek review at the earliest opportunity after being advised of the relevant decision.

b. Provide a written statement of reasons for DMLC (by hand or email to MLC.admin@defence.gov.au) outlining the reasons for the requested review, and attaching any supporting evidence, either within twelve hours or prior to commencement of duty the day following the relevant decision, whichever is the longer. This timeframe may only be extended at DMLC discretion.

12.25 Requests for review of decisions made outside these parameters will be managed outside the relevant course framework. That is, students will be removed from course and the request for review considered after the course has concluded.

12.26Upon receipt of the submission, DMLC will consider the arguments raised, seek advice as necessary and decide what, if any, follow-up activity might occur. This may include an opportunity for further assessment.

Allegations of wrongdoing or inappropriate conduct

12.27Where there are allegations of wrongdoing or inappropriate conduct arising from any MLC-related course, this may be dealt with either via the aforementioned BoS mechanism, and/or either disciplinary or administrative action by the appropriate authorities as per standard ADF practice.

Administration of assessment outcomes and outcome of course

12.28Student results will be recorded on an MLC database (including marks per assessment) and stored via Defence’s nominated Knowledge Management system (currently Objective).

12.29An individual’s results will be provided to their relevant supervisor and HOC.

12.30MLC will also complete post-course reporting of all members via PMKeyS, which will state either Satisfactory or Not yet satisfactory.