MILITARY LAW CENTRE LEGAL TRAINING HANDBOOK - FEBRUARY 2019 1 - Department of Defence
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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 2
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 3
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 4
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 5
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 LL5 1, 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. 6
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 training 5. 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 UoA 6. 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. 7
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 Legal Officer Specialist Training Other Training Service 7 (mandatory for career progression) (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 3 LL2: Legal Training Module Two – two subjects Joint warfare training 4 LL2: Any remaining subjects for Legal Training Joint Operations Legal Module Two not previously completed Training 5 LL3: Legal Training Module Three – two subjects Single Service promotion prerequisite training 6 LL3: Legal Training Module Three – two subjects Joint warfare training 7 LL3: Legal Training Module Three – two subjects Command and Staff college 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. 8
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). 9
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 Courses 9 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 10
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 DGADFLS 10. b. Only LOs who are members of the LOSOCS and hold the requisite LL 11 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-A 12 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 courses 13. 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. 11
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 12
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. 13
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 tasks 14 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) 14
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 days 15. 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 15
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 16
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. 17
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. 18
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. 19
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 r om 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 available 16. 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 webpage 17. 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 20
Applications should be sent to the LO CPDC Secretary 18, 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 21
Table 6.1 – LO CPDC-approved LTM4 Management Courses 19 # Course name & provider Duration Est. Cost Descriptor 1. Australian Command and Staff Course 46 weeks N/A http://www.defence.gov.UoA/ADC/ACSC/course/ (ACSC) http://www.defence.gov.UoA/adc/acsc/course/docs/ACSC(J)-Joining- Instruction-2018.pdf Australian Defence College Australian Command and Staff College—Joint, or ACSC(J), is a 46 *By selection only week integrated military and university course for mid-career ADF and international military officers and selected Australian Public Servants. 2. From Manager to Leader: 3 day Residential ($4,500)/ https://www.cpm.com.UoA/courses/view/42 Knowing, Doing, Being at the executive residential/ Non-residential ($3,500) level non- The rapidly changing demands on public service managers requires residential you to not only know how to lead but and to demonstrate leadership Centre for Public Management (CPM) 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 3 day on- $2,475 https://www.aim.com.UoA/courses/manage-people-effectively campus Australian Institute of Management workshop This short course reveals how using emotional intelligence in your (AIM) 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 22
4. Leadership in Practice 6 days over $5,500 http://www.apsc.gov.UoA/learn-and-develop/national-learning-and- 3 months development-calendars/executive-level-leadership-programs/el2- Australian Public Service leadership-in-practice Commission (APSC) 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 6 days over $5,500 http://www.apsc.gov.UoA/learn-and-develop/national-learning-and- 3 months development-calendars/executive-level-leadership-programs/el2- Australian Public Service Commission leadership-expansion (APSC) 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 Nil http://legacy/teamweb2010/dl/StaffResources/Professionalisation/List Defence s/2018%20Practice%20Management%20Course/AllItems.aspx Legal, Canberra 7. Navy Leadership Development 3 days at N/A http://drnet/navy/DNLCD/LeadershipDevelopmentWorkshops/Pages/ Workshop – Making Headway various NominateforaWorkshop.aspx Defence Navy (*for Navy personnel only) Locations 23
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 circumstances 20. 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. 24
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 uniform 21. a. Navy 22 (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 25
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. 26
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 27
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