ADF LEGAL OFFICERS’ SPECIALIST OFFICER CAREER … · exercised with advice from the head of...

17 May 18

ADF LEGAL OFFICERS’ SPECIALIST OFFICER

CAREER STRUCTURE (LOSOCS) POLICY

INTRODUCTION

1. To be a Legal Officer in the Australian Defence Force (ADF) one must:

a. be appointed as an officer in one of the three single Services;

b. be admitted as a lawyer, legal practitioner, barrister, solicitor or barrister and

solicitor of the High Court or the Supreme Court of an Australian State or

Territory; and

c. be a member of the Legal Officers’ Specialist Officer Career Structure

(LOSOCS) or

d. make an application to the Legal Officer Career and Professional

Development Committee (LO CPDC) to be recognised as a Legal Officer for

a period of up to three (3) years and that application is approved by the LO

CPDC.

2. Legal Officers in the ADF are subject to the technical control and professional

administrative oversight of the Director General ADF Legal Service (DGADFLS). This

technical control and professional administrative oversight by the DGADFLS will be

exercised with advice from the head of Corps/Category (HOC) and in consultation with Head

Defence Legal (HDL)1.

Background

3. The ADF sought the establishment of the LOSOCS to improve retention rates of

Legal Officers by ensuring recognition of specialist skills and remuneration which was

consistent with market value. In 2000 the Defence Force Remuneration Tribunal (DFRT)

approved the introduction of the LOSOCS from 16 Mar 00 and the formation of the Legal

Officer Career and Professional Development Committee (LO CPDC). For Legal Officers

serving in the ADF as at 16 Mar 00 transfer to the LOSOCS was optional for those in the

permanent force2 and automatic for those in the reserve forces.

4. Since that time there have been various decisions of the DFRT which update and

develop the original LOSOCS. DFRT decisions relevant to the LOSOCS are at the DFRT

Decisions & Determinations link of the ADF Legal Officer Career Management page

http://www.defence.gov.au/legal/CareerManagement/.

5. The creation of the LOSOCS saw the introduction of legal levels (LL, sometimes

referred to as CL) which range from LL1 to LL5. Legal Officers serving in the ADF as at 16

Mar 00 were transferred to the LOSOCS at a specific LL by their Service career/personnel

1 On 26 May 09 the Chiefs of Staff Committee (COSC) agreed to implement recommendation 30 of the

Report of the Independent Review on the Health of the Reformed Military Justice System (the Street Fisher

Report). Recommendation 30 states: Professional Rules for ADF legal officers be introduced with technical

control and professional administrative oversight by the Director General ADF Legal Services on advice from

head of Corps/Category and in consultation with Head Defence Legal. 2 Only one legal officer in the permanent force has chosen not to transfer to the LOSOCS.

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manager (CM). The LL on transfer was based on a recommendation made by the LO CPDC

for the officer to be deemed at a particular LL taking into account the Legal Officer’s rank,

experience and qualifications.

6. Linked with advancement from LL1 to LL5 are the training, Service and promotion

requirements associated with being an officer in one of the single Services. Further details

are available from the relevant single Service CM.

Responsibilities

7. In addition to their normal responsibilities as a military officer, each individual Legal

Officer is responsible for:

a. nominating for and satisfactorily completing appropriate courses, duties and

tasks to satisfy the various LOSOCS advancement criteria; and

b. making timely LOSOCS advancement applications to the LO CPDC.

Content

8. This policy covers:

a. Becoming a member of the LOSOCS – Part A;

b. Legal Levels, Legal Level advancement and Promotion in rank – Part B;

c. Legal Training and Academic qualifications – Part C; and

d. The LO CPDC, including applications and reviews – Part D.

PART A – BECOMING A MEMBER OF THE LOSOCS

Avenues of Entry to LOSOCS

9. Only applicants who have been admitted as a lawyer, legal practitioner, barrister,

solicitor or barrister and solicitor of the High Court or the Supreme Court of an Australian

State or Territory (qualified applicants) and are, or have applied to be, appointed as an officer

are eligible to be a member of the LOSOCS. For detail concerning appointment as a Legal

Officer of one of the three single Services see the Legal Officer link in any of the three

Services on the Defence web site

http://www.defencejobs.gov.au/search/?q=Legal+Officer. Applicants may become

qualified to be a member of the LOSOCS through a variety of avenues, not all of which are

necessarily utilised by each of the Services. Opportunities to become a Legal Officer are

dependent upon the needs of the Services. The avenues by which applicants may become

eligible to be a member of the LOSOCS are:

a. appointment as a Legal Officer in the ADF through the Undergraduate

Scheme;

b. appointment as a Legal Officer in the ADF by a qualified applicant with no

previous military experience;

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c. appointment as a Legal Officer in the ADF by a qualified applicant with

previous military experience through:

(1) re-appointment following resignation;

(2) inter-service transfer;

(3) appointment following service in the military forces of another

country; or

d. appointment as a Legal Officer in the ADF by a qualified applicant via intra-

service transfer from another employment category (permanent or reserves)

or commissioning (generally following Civil Schooling sponsorship).

10. Qualified applicants seeking to become a member of the LOSOCS must complete the

appropriate form3 and lodge the request with the Secretary of the LO CPDC4. Where possible

the request to become a member of the LOSOCS should be made as soon as practical after

the applicant has been successful in the application for entry as a legal officer to the single

Service. The LO CPDC will consider the request to join the LOSOCS and make a

recommendation to the appropriate Service CM.

Appointment and Transfer Conditions

11. Appointment as a Legal Officer in the ADF through the Undergraduate Scheme.

Subject to the individual terms of appointment offered by each Service, successful

undergraduate applicants are normally appointed in the rank of midshipman or officer cadet

until successful completion of degree studies after which they will be promoted to the O01

rank5. Potential Legal Officers who have completed degree studies normally are required to

complete a Graduate Diploma in Legal Practice to be admitted as a legal practitioner, barrister

or solicitor. Once arrangements have been made to meet admission requirements, potential

Legal Officers must request to join the LOSOCS in order for the LO CPDC to make a

recommendation as to rank and seniority. This recommendation will be based on recognition

of the member’s prior experience as outlined in paragraphs 17 – 22. Upon admission and

subject to approval by the CM delegate, the Legal Officer will be granted LL1 status and

promoted to the O02 rank6.

12. Appointment as a Legal Officer in the ADF by a qualified applicant with no

previous military service. Subject to the individual terms of appointment offered by CMs,

where a lawyer seeks a direct entry appointment and is considered suitable for appointment

as a Legal Officer by the LO CPDC and relevant CM, the applicant will be appointed at the

O02 or O03 rank7 (refer to paragraphs 17 – 22) and granted LL1 status. During service as a

LL1 Legal Officer the member will be required to undertake single Service Initial Officer

Training (IOT) and Legal Training Module (LTM) 1. Where a lawyer seeking a direct entry

appointment or transfer as a Legal Officer in the reserve forces has made an outstanding

contribution to the practice of a relevant area of law through distinguished contributions to

legal policy or practice and has attained peer and/or industry recognition as an authority in

their area of law and is considered suitable for appointment or transfer as a Legal Officer by

3 These forms at the LOCPDC Forms link of the ADF Legal Officer Career Management page

http://www.defence.gov.au/legal/CareerManagement/. 4 For further guidance on applications to the LO CPDC see paragraphs 69-71. 5 The O01 rank is either Acting Sub Lieutenant, Second Lieutenant or Pilot Officer. 6 The O02 rank is either Sub Lieutenant, Lieutenant or Flying Officer. 7 The O03 rank is either Lieutenant, Captain or Flight Lieutenant.

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the LO CPDC and relevant CM, the applicant may be appointed directly at the O03 or O04

rank8 and granted LL-B status. The LL-B applicant will still be required to complete LTM1

and some form of IOT as determined by the relevant CM delegate. Where a lawyer seeking

a direct entry appointment or transfer as a Legal Officer in the reserve forces has made a

singular contribution to the practice of a relevant area of law through original, innovative and

distinguished contributions to legal policy or practice and has attained peer and/or industry

recognition as an authority of national or international standing in their area of law and is

considered suitable for appointment or transfer as a Legal Officer by the LO CPDC and

relevant CM, the applicant may be appointed directly at the O03, O04 or O05 rank9 and

granted LL-A status. The LL-A applicant will still be required to complete LTM1 and some

form of IOT as determined by the relevant CM delegate.

13. Appointment as a Legal Officer in the ADF by a qualified applicant with

previous military experience. An officer or ex-officer of the permanent or reserve ADF

who is qualified to become a member of the LOSOCS may seek transfer or re-appointment

in the ADF and placement within the LOSOCS. Former Legal Officers in the ADF may be

re-appointed at the same rank and LL as that held prior to resignation. Officers and former

officers of the ADF, other than former Legal Officers, will be appointed with LL1 status

unless they have completed LTM1, in which case they may be appointed with LL2 status,

with rank, salary and seniority in rank and salary depending on prior experience (refer to

paragraphs 17 – 22). During service as a LL1 Legal Officer the member will be required to

undertake LTM1. Suitably qualified applicants of foreign military forces may also seek

appointment via single Service lateral recruitment programs. The suitability for appointment

or transfer of such officers will be considered by the LO CPDC and a recommendation made

to the CM. Appointment or transfer is not a right and is subject to Service requirements.

14. Where a qualified applicant other than a former Legal Officer in the ADF has previous

or current military experience, the LO CPDC may recommend that the officer is suitable for

appointment or transfer at a lower rank than that currently held by the officer or held by the

officer upon resignation. In most circumstances the maximum rank on re-appointment or

transfer will be O03 rank. In exceptional circumstances an officer or former officer who has

completed LTM1 may be appointed or transferred in the 004 rank. Officers who seek transfer

may obtain an ‘in-principle’ recommendation from the LO CPDC and CM regarding their

rank, seniority and LL status prior to making a formal application to transfer.

15. Appointment as a Legal Officer in the ADF by a qualified applicant via intra-

service transfer and commissioning. Officers who become eligible to become a Legal

Officer may seek transfer to the Legal Officer specialisation or Corps in their parent Service.

Such transfers may be effected between employment categories within the permanent force

or between the permanent and reserve parts of the Service and applicants will need to comply

with single Service transfer requirements. Enlisted members who are admitted may apply

for appointment (commissioning as an officer) to become a Legal Officer. Again applicants

will need to comply with single Service requirements. Qualified applicants who are

considered suitable for transfer or appointment as a Legal Officer by the LO CPDC and

relevant CM, will be appointed with LL1 status unless they have completed LTM1, in which

case they may be appointed with LL2 status, with rank, salary and seniority in rank and salary

depending on prior experience (refer to paragraphs 17 – 22). During service as a LL1 Legal

Officer the member will be required to undertake LTM1. Often intra-service transfer and

commissioning actions are linked to the completion of service-sponsored study such as civil

schooling (see below).

8 The O04 rank is either Lieutenant Commander, Major or Squadron Leader. 9 The O05 rank is either Commander, Lieutenant Colonel or Wing Commander.

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16. Lateral Transfers of Legal Officers from foreign military forces. To facilitate

lateral transfer of Legal Officers from foreign military forces with comparable legal systems,

a process of recognition of current competence against LOSOCS Skills Grades can be

applied.

16A. Policy Principles for lateral transfers of legal officers from foreign military forces are:

a. Competence - the ability to perform tasks and duties to the 'standard of

employment', including consistent application of knowledge and skill.

b. Standard of employment - is the Legal Levels as set within LOSOCS policy;

and

c. Recognition - is the determination of the skills and knowledge obtained by a

learner through previous training, work experience and/or life experience, in

combination with the individual’s ability to currently perform a task at a

determined level of competence.

17. Recognition of current competence against LOSOCS Skills Grades will be applied as

follows:

a. Applications are limited to proposed lateral transfers of Legal Officers from

Militaries with comparable legal systems and are to operate in conjunction with

single service policies for recruitment of lateral transfers.

b. Process:

(1) The CPDC Secretary will on request provide the applicant with a

description of the workplace standards for relevant Legal Levels.

(2) The applicant must apply to the CPDC for recognition of current

competency at an appropriate legal level with submission of evidence to

support the application.

(3) On receipt of the application and supporting evidence the CPDC Secretary

will seek DMLC recommendation on application.

(4) The CPDC consider application and DMLC recommendation.

(5) The CPDC may agree to recognition of current competence and

appointment at a particular Legal Level with or without conditions. A

recommendation is then made by the CPDC to the relevant service

personnel agency for consideration of conditions to be included in the

'Letter of Offer' to the proposed lateral transferee.

(6) On appointment of the office, the relevant HOC is to monitor compliance

with any CPDC recommended conditions imposed on the lateral transferee

and report to the career manager when the conditions have been met.

18. Civil Schooling. An ADF member may seek approval for civil schooling sponsorship

under extant Civil Schooling policy procedures to undertake or complete a law degree and/or

admission requirements in order to be eligible to become a Legal Officer. The suitability of

such a member to receive civil schooling will be considered by the CM; however advice from

the LO CPDC should be sought prior to granting approval.

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Recognition and Credit for Prior Experience

19. Legal Officers or potential Legal Officers may have their prior legal, paralegal and/or

military experience considered by the LO CPDC and CM when determining their rank, salary

and seniority in rank and salary upon appointment as a legal officer.

20. For the purposes of this instruction, the following definitions apply:

a. Legal experience means experience in legal matters as a person admitted as a

legal practitioner, barrister or solicitor of the Federal Court of Australia or a

Supreme Court of an Australian State or Territory; and

b. Paralegal experience means experience in legal matters as a person not

admitted to practice and includes experience as a legal clerk or articled clerk.

21. Credit Policy. Where a Legal Officer or potential Legal Officer with prior legal,

paralegal and/or military experience seeks recognition of such experience, the LO CPDC will

consider the relevance of the experience to the performance of duties as a Legal Officer in

the ADF. The LO CPDC may recommend the following levels of credit for rank, salary and

seniority in rank and salary upon appointment as a legal officer:

a. for prior Initial Officer Training – credit of 100%, up to a maximum of six

months;

b. for prior legal experience after admission – credit of 50%, up to a maximum

of three years for seniority in rank purposes and six years for seniority in

salary;

c. for prior paralegal experience – credit of 25%, up to a maximum of one year

for seniority in rank and salary, or, in the case where the prior paralegal

experience was gained whilst a member of the permanent force – credit of

25%, up to a maximum of 18 months for seniority in rank and salary

increment; and/or

d. for prior military service not otherwise considered – credit of up to 25%,

decided on a case by case basis, up to a maximum of one year;

provided that the maximum credit for seniority in rank purposes is three years and

for seniority in salary at LL2 is six years. Where the experience is part-time, the LO

CPDC will consider the full-time equivalent of the part-time experience.

22. In accordance with sub-paragraph 19.d., the LO CPDC may consider prior military

service not otherwise considered and grant credit up to a maximum of 25% where the LO

CPDC is satisfied that the previous military service will enable the Legal Officer to achieve

a demonstrated skill standard at a faster rate than Legal Officers who have no prior military

service. The previous military service will be considered relevant if it gives the member a

practical grasp or knowledge of command and personnel management in the military context

and a greater awareness of the military environment, such as weapons systems, employment

of weapons, the service discipline system, redresses of grievance, administrative inquiries,

administrative sanctions and contractual matters.

23. In determining credit for prior military service in accordance with sub-paragraph 19.d.

and paragraph 20, the LO CPDC will consider the following guidelines:

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a. 25% where the applicant gained relevant practical experience as an officer;

b. 20% where the applicant gained relevant knowledge as an officer;

c. 15% where the applicant gained relevant practical experience as a warrant

officer / non-commissioned officer ;

d. 10% where the applicant gained relevant knowledge as a warrant officer / non-

commissioned officer.

24. Having determined the level of credit, the LO CPDC will provide the CM delegate

with a detailed justification for the recommendation.

PART B – LEGAL LEVELS, LEGAL LEVEL ADVANCEMENT AND PROMOTION

IN RANK

Legal Levels

24A. The following LL have been approved.

a. LL1 – Trainee in Military Law

A LL1 legal officer will work under the close supervision of a LL3 or above legal officer and

is expected to develop their expertise in providing written and oral advice in operations law,

military administrative law, military discipline law and legal assistance, with an increasing

degree of autonomy.

A LL1 legal officer will contribute to the output of their office at a level appropriate to their

skills and experience. Their contribution will primarily be in general legal research and

drafting. They are not authorised to provide legal advice on behalf of the Commonwealth.

A LL1 legal officer will be admitted to the Supreme Court of an Australian State or Territory

and will hold a restricted practising certificate in an Australian State or Territory (exception:

judicial and quasi-judicial (tribunal) members).

b. LL2 - Supervised

A LL2 legal officer will work under the direct technical legal supervision of a LL3 or above

legal officer (in the same office or remotely) and is expected to develop their expertise in

providing written and oral advice in operations law, military administrative law, military

discipline law and advocacy, with an increasing degree of autonomy.

A LL2 legal officer will contribute to the output of their office at a level appropriate to their

skills and experience. Their contribution will primarily be in correctly applying the law and

policy to routine matters. A LL2 legal officer will provide independent legal assistance to

ADF members in areas appropriate to their skills and experience.

A LL2 legal officer will have completed LTM1 and will hold a restricted practising certificate

in an Australian State or Territory (exception: judicial and quasi-judicial (tribunal) members).

c. LL3 - Independent

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A LL3 legal officer will provide independent legal advice to unit commanders on operations

law, military administrative law and military discipline law, where that advice is consistent

with existing legal and policy understanding. They provide advice under the technical control

and professional oversight of a LL4 or LL5 legal officer, where their advice is reviewed for

precision.

A LL3 legal officer can identify inconsistencies in the law, conflicts between law and policy,

gaps in law and policy and opportunities for improvement to law, policy and/or practice. They

can propose solutions to identified issues for consideration by LL4 and LL5 legal officers.

A LL3 legal officer can be deployed on active duty overseas. A CL3 legal officer can

supervise paralegal staff and LL1 or LL2 legal officers.

A LL3 legal officer will have completed LTM1 and LTM2 and will hold a restricted

practising certificate in an Australian State or Territory (exception: judicial and quasi-judicial

(tribunal) members).

d. LL4 – Proficient Generalist

A LL4 legal officer will make a significant contribution to legal advice and legal policy

development within the Department of Defence in the areas of operations law, military

administrative law and military discipline law.

A LL4 legal officer will make original contributions to the resolution of inconsistencies in

the law, conflicts between law and policy, gaps in law and policy and opportunities for

improvement to law, policy and/or practice. They provide advice and legal policy

development under the technical control and professional oversight of a LL5 legal officer.

A LL4 legal officer can be deployed on active duty overseas in senior legal roles. A LL4 legal

officer can supervise legal officers LL3 and below, and will be expected to provide a

significant degree of leadership in mentoring and developing more junior officers within their

technical chain.

A LL4 legal officer will have completed LTM1, LTM2 and LTM3 and have a minimum four

years skill and experience as an independent legal adviser and as a supervisor. They will hold

a restricted practising certificate in an Australian State or Territory (exception: judicial and

quasi-judicial (tribunal) members).

e. LL5 – Legal Manager

A LL5 legal officer will provide leadership and foster excellence in legal advice and legal

policy development within the Department of Defence.

A LL5 legal officer will provide original and innovative solutions to the resolution of

inconsistencies in the law, conflicts between law and policy, gaps in law and policy and

opportunities for improvement to law, policy and/or practice. They will make a

commensurate contribution to the work of the Department of Defence.

A LL5 Legal officer will provide strategic level legal policy advice to senior members of the

Department.

A LL5 legal officer can provide legal technical and professional supervision to legal officers

LL4 and below.

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A LL5 legal officer will have completed LTM1, LTM2 and LTM3. Within a reasonable

period after attaining LL5, they will hold an unrestricted practising certificate in an Australian

State or Territory (exception: judicial and quasi-judicial (tribunal) members).

f. LL-B – Proficient Specialist (Reserve Only)

A LL-B legal officer will make an outstanding contribution to the practice of an area of law

in which expertise is required by the Department of Defence through distinguished

contributions to legal policy or practice in their area of expertise.

A LL-B legal officer will have attained peer and/or industry recognition as an authority in

their area of law. They will make a commensurate contribution to the work of the ADF.

A LL-B legal officer will hold a practising certificate (of any kind) in an Australian State or

Territory (exception: judicial officers). A LL-B legal officer will have successfully completed

LTM1 within 12 months of joining LOSOCS but will not be required to complete any LTM2

or LTM3 subjects.

g. LL-A – Expert (Reserve Only)

A LL-A legal officer will make a singular contribution to the practice of an area of law in

which expertise is required by the Department of Defence through original, innovative and

distinguished contributions to legal policy or practice in their area of expertise.

A LL-A legal officer will have attained peer and/or industry recognition as an authority of

national or international standing in their area of legal practice. They will make a

commensurate contribution to the work of the ADF

A LL-A legal officer will hold a practising certificate (of any kind) in an Australian State or

Territory (exception: judicial officers). A LL-A legal officer will have successfully completed

LTM1 within 12 months of joining LOSOCS but will not be required to complete any LTM2

or LTM3 subjects.

Advancement in LL

25. Legal Officers in the ADF seeking to advance in LL must comply with the

advancement criteria of the LOSOCS.

26. Legal Officers may apply, in accordance with the procedures set out in paragraphs

73-75, to the LO CPDC for advancement in LL at any time. Legal Officers need to satisfy

certain criteria to advance in LL; however, a Legal Officer may make an application for

advancement in LL in anticipation of a subsequent promotion and/or posting to a higher LL

position. In such circumstances the LO CPDC may recommend advancement subject to the

required promotion and/or posting to a higher LL position and, if approved by the delegate,

the LL advancement will be effective when the Legal Officer is promoted and/or takes up the

posting into a position at the higher LL.

Transfer Between Streams

26A. A Reserve Legal Officer may apply, in accordance with the procedures set out in

paragraphs 73-75, to the LO CPDC to transfer between generalist (LL1-5) and specialist

streams (LL-A and LL-B) and vice versa, at any time. An applicant seeking to transfer from

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specialist to generalist stream will not be granted a higher status than LL2 unless the applicant

also applies for advancement to LL 3 (or a higher LL) and satisfies the criteria for

advancement to that LL. A Legal Officer may make an application for advancement in LL in

anticipation of a subsequent promotion and/or posting to a higher LL position.

26B. In such circumstances the LO CPDC may recommend advancement subject to the

required promotion and/or posting to a higher LL position and, if approved by the delegate,

the LL advancement will be effective when the Legal Officer is promoted and/or takes up the

posting into a position at the higher LL. An applicant seeking to transfer from generalist to

specialist stream must nominate a specialist category (LL-B or LL-A) for recognition and

satisfy the criteria for the nominated specialist category. An LL-B Legal Officer may apply

to the LO CPDC for recognition as an LL-A Legal Officer and be recognised as such provided

the applicant satisfies the criteria for recognition as an LL-A Legal Officer.

26C. Transfers between the specialist and generalist streams will have financial

consequences and may have rank implications for a Reserve Legal Officer. Accordingly, an

applicant for a transfer is to include in their application an acknowledgement of the specific

effects (financial/rank) anticipated by the proposed transfer. To facilitate this

acknowledgement, the applicant should consult with their single Service Career Manager and

HOC to confirm the effect of the proposed transfer.

Advancement in LL after 31 Jan 13

27. The criteria that must be satisfied to advance in LL after 31 Jan 13, apart from those

seeking advancement under either of the transitional arrangements outlined in paragraphs 26-

35, are set out below.

a. Table 1 sets out the criteria for advancement to LL2.

Table 1 – Criteria for advancement to LL2

Legal level

Component

Permanent Legal Officer

recognition of legal level

component

Reserve Legal Officer


component

Rank requirement Minimum rank of substantive O03 As for Permanent Legal

Officer

Service officer

training requirement

Successful completion of initial

officer training (appointment

course)

As for Permanent Legal

Officer

Academic

qualification

(Military-Legal

specific training)

Successful completion of LTM1

and LTM1 Consolidation Tasks

As for Permanent Legal

Officer

b. Table 2 sets out the criteria for advancement to LL3.


Legal level

Component



component

Reserve Legal Officer


component

Rank requirement Minimum rank of substantive O03 As for Permanent Legal

Officer

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Academic

qualification

(Military-Legal

specific training)

Successful completion of LTM2 As for Permanent Legal

Officer

c. Table 3 sets out the criteria for advancement to LL4.


Legal level

component

Permanent Legal

Officer recognition of

legal level component

Reserve Legal Officer recognition

of legal level component

Rank requirement Minimum rank of

substantive O04

As for Permanent Legal Officer

Advanced legal

expertise in a military

context

Take up a posting to a

designated LL4 position

As for Permanent Legal Officer or,

if not so posted, satisfactory

observed performance of a range of

military legal work normally carried

out in a designated LL4 position

(minimum 20 reserve days and 4

separate matters)

Advanced critical legal

skills: problem solving

& analysis

Satisfactory observed

performance10 as a LL3

legal officer in a

designated LL3 role

over a minimum period

of four years11.

Satisfactory observed performance

as a LL3 legal officer in a

designated LL3 reserve role over a

minimum period of 80 days (spread

over a minimum of 4 years) and

satisfactory reported performance of

civilian legal work involving

commensurate problem solving &

analysis

Demonstrated skill

supervising, mentoring

and developing

personnel12 (in a

military or civilian

environment)

Minimum four years

(total) service reporting

at satisfactory or above

Minimum four years (total)

satisfactory reported performance of

civilian legal practice involving

supervision of subordinates; or

Minimum four years (total) service

reporting at satisfactory or above.

10 Satisfactory observed performance means no instance of providing below competent level legal advice.

Should a member provide legal advice below a competent level that legal officer will not have achieved

satisfactory observed performance until the officer establishes that he/she has provided competent level legal

advice in a similar matter at a time subsequent to the below competent level legal advice. 11 Only postings to a designated LL3 or LL4 legal officer billet or ACSC satisfy this requirement. 12 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are

appropriate:

a. tasking a subordinate with work;

b. communicating effectively with a subordinate PLO, RLO or APS member;

c. providing direction as to the performance of work, behaviour, ethics and communication by a

subordinate;

d. managing the workload of a subordinate;

e. checking the accuracy and quality of work performed by a subordinate;

f. building the potential of and supervising the wellbeing, ethical and professional development of

a subordinate;

g. appraising the performance of a subordinate;

h. providing a role model to a subordinate in officer-like qualities, professionalism, values and

Service traditions; and

i. mentoring a subordinate.

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Academic

qualification

(Military-Legal

specific training)

Successful completion

of LTM3 (as detailed in

paragraphs 42-44)

Successful completion of the three

core subjects of LTM3 (as detailed

in paragraphs 42-44)

d. Table 4 sets out the criteria for advancement to LL5.


Legal level

component



component

Reserve Legal Officer recognition

of legal level component

Rank

requirement

Minimum rank of substantive

O05

As for Permanent Legal Officer

Legal Manager

expertise in a

military context

Take up a posting to a

designated LL5 position

As for Permanent Legal Officer or, if

not so posted, satisfactory observed

performance of a range of military

legal work normally carried out in a

designated LL5 position (minimum

20 reserve days and 4 separate

instructions)

Critical legal

manager skills:

strategic

problem

solving &

analysis in a

government

context

Satisfactory observed

performance13 in providing

strategic-level advice to

government (Commonwealth or

State/Territory) on legal policy.

For permanent officers this

would usually be satisfied

through a posting (minimum 12

months), to a Directorate in

Defence Legal Division,

Canberra at O04 rank or above.

(a) Satisfactory observed

performance of military strategic-

level legal policy advice over a

minimum period of 20 reserve days;

or

(b) Minimum 12 months

demonstrated civilian strategic-level

experience advising a government

(Commonwealth or State/Territory)

on legal policy.

Continued next page

Management of

subordinates

Either As for Permanent Legal Officer.



satisfactory observed performance until the officer establishes that he/she has provided competent legal advice

in a similar matter at a time subsequent to the below competent level legal advice.

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Attainment of a

management-related

qualification covering

practical management issues

for senior managers in a

professional workplace

(minimum 24 contact hours/

certificate level course –

approved by CDF14) and

Demonstrated skill

supervising, mentoring and

developing personnel15 (not

limited to supervision of

legal officers) in a military

or civilian environment,

evidenced, through a

minimum 8 years, in total,

of satisfactory supervisory

performance in service

reporting or equivalent

Or

Equivalent experience in a

management role16 (for example

CO or XO of a unit, managing

partner, Director-level public

servant).

14 The CDF delegate has approved a number of courses, subject to the qualifying notes, in CPDC Decision

56/13. Other qualifying courses may be approved from time to time. Details of management courses approved

from time to time are listed under the heading of Advancement in Legal Levels (LL) on the CPDC Policy

Decisions link of the ADF Legal Officer Career Management page

http://www.defence.gov.au/legal/CareerManagement/. 15 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are

appropriate:




subordinate;



f. building the potential of and supervising the wellbeing, ethical and professional development of a

subordinate;


h. providing a role model to a subordinate in officer-like qualities, professionalism, values and Service

traditions; and

i. mentoring a subordinate. 16 At least 18 months.

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14

Advancement in LL under Transitional Arrangement A

28. Provided the member qualified for advancement under transitional arrangement A by

31 Jan 14 in all respects other than taking up a posting to a higher LL position or promotion

to a higher rank, Legal Officers who entered the LOSOCS before 01 Jul 04 may apply to the

LO CPDC to advance from the LL held as at 30 Jun 04 to the next LL on satisfying the

following criteria:

a. for advancement to LL4 only, experience as a Legal Officer in the ADF

(taking account of credit granted for prior experience) of ten years effective

service;

b. for advancement to LL4 only, completion of academic requirements (see Part

C);

c. the appropriate minimum rank17 or a higher rank;

d. take up a posting to a position that has the requisite LL or a higher LL;

e. for advancement to LL4 and LL5, demonstration of satisfactory observed

performance of legal skill in one or more subject areas of law; and

f. for advancement to LL5 only, management of subordinates, particularly in

relation to leadership, ethos and appraising the performance of subordinates18

(evidenced e.g. by Performance Appraisal Reports [PARs] or a separate report

from a superviser).

29. Table 5 summarises the criteria for advancement under Transitional Arrangement A.

Table 5- Criteria for Advancement in LL under Transitional Arrangement A

To Advance

to Legal

Level (LL)19

Skill in

Areas of

Law

Total

Experience

as a LO

Academic

Requirements

Manag’t

of

subordinates

Minimum

Rank

LL4 2 10 yrs LTM3 N/A O04

LL5 3 N/A N/A Yes O05

17 For members of the Navy, Army and PAF it is substantive rank. For members of the RAAFSR it is

substantive or temporary rank, whichever is the higher. 18 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are

appropriate:




subordinate;




subordinate;



traditions; and

i. mentoring a subordinate. 19 The Legal Officer must take up the posting to a position that has this LL status or a higher LL status

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15

30 To demonstrate satisfactory observed performance of legal skill in an area of law

under the transitional arrangements A, the Legal Officer must identify the area of military

law in which the officer seeks to demonstrate skill and:

a. detail in dot point form the legal tasks completed within the identified area of

law and the number of times these tasks have been completed;

b. provide at least two varying and substantial examples of written legal work

which demonstrate legal skill in the identified area of law; and

c. provide evidence of the Legal Officer’s satisfactory observed performance20

of legal duties in the identified area of law (e.g. PARs or a separate report from

a supervising legal officer).

Advancement in LL under Transitional Arrangement B

31. Provided the member qualified for advancement under transitional arrangement B by

31 Jan 14 in all respects other than taking up a posting to a higher LL position or promotion

to a higher rank, Legal Officers who entered the LOSOCS before 31 Jan 13 may apply to the

LO CPDC to advance from their current LL to the next LL on satisfying the following criteria:

a. for advancement to LL4 only, completion of academic requirements (see Part

C);

b. the appropriate minimum rank21 or a higher rank;

c. take up a posting to a position that has the requisite LL or a higher LL;

d. for advancement to LL4 and LL5 only, completion of the qualification

requirements for one or more Legal Task Journals (see paragraphs 28 – 32)

and no instance of providing below competent level legal advice22; and

e. for advancement to LL4 and LL5 only, management of subordinates,

particularly in relation to leadership, ethos and appraising the performance of

subordinates23 (evidenced e.g. by PARs or a separate report from a superviser).



satisfactory observed performance until the officer establishes that he/she has provided competent legal advice

in a similar matter at a time subsequent to the below competent level legal advice. 21 For members of the Navy, Army and PAF it is substantive rank. For members of the RAAFSR it is

substantive or temporary rank, whichever is the higher. 22 Should a member provide legal advice below a competent level that legal officer will not be advanced until

the officer establishes that he/she has provided competent legal advice in a similar matter at a time subsequent

to the below competent level legal advice. 23 PARs or a separate statement/minute from a superviser should address as many of the following tasks as are

appropriate:




subordinate;




subordinate;


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32. Table 6 summarises the criteria for advancement under Transitional Arrangement B.

Table 6- Criteria for Advancement under Transitional Arrangement B

To Advance to

Legal

Competency

Level (LL)24

Legal Task Journals Academic

Requirements

Manag’t

of

subordinates

Minimum

Rank

Level Areas of

Law

LL4 Advanced 2 LTM3 Yes O04

Alternatively

LL4

Advanced

& Specialist

1 LTM3 Yes O04

LL5 Specialist 2 N/A Yes O05

33. LL4 may be achieved by satisfactory completion of Task Journals at the Advanced

level in two of the three main areas of military law or, alternatively, by completing both the

Advanced and Specialist level Task Journals in one area of law. If advanced to LL4 by the

alternative means, subsequent advancement to LL5 requires satisfactory completion of the

qualification requirements of both the Advanced and Specialist level Task Journals in another

area of military law.

Legal Task Journals and Areas of Law

34. Legal Task Journals are effective from 01 Jul 04 until 31 Jan 14. Task Journals have

been developed reflecting the tasks normally undertaken by ADF Legal Officers. The Task

Journals are in the military law subject areas of Administrative Law, Discipline Law and

Operations Law at Competent, Advanced and Specialist levels. These levels accurately

reflect the required progression of Legal Officers throughout their career and provide an

appropriate basis for matching each Legal Officer with ADF capability requirements.

35. The Task Journal qualification requirements to advance in LL are set out in the Task

Journal Assessment Policy at the Legal Task Journal link of the ADF Legal Officer Career

Management page http://www.defence.gov.au/legal/CareerManagement/.

36. These qualification requirements have been modified for Legal Officers who

advanced to LL4 under the previous transitional arrangements and who now choose to

complete Legal Task Journal qualification requirements to advance further. Under these

special arrangements the requirement set out in the Task Journal Assessment Policy is

modified so that the Legal Officer is required only to complete the qualification requirements

for two Task Journals at the Specialist level and are not required to complete the qualification

requirements at the Advanced level.

37. In accordance with the Task Journal Assessment Policy, assessment for Advanced

and Specialist levels is to be by self-assessment, assessment by an assessor of each completed

task and a further assessment of a limited number of such assessed tasks by a senior assessor.

The LO CPDC will monitor the assessment process and results.

Judge Advocates/Defence Force magistrates


traditions; and

i. mentoring a subordinate. 24 The Legal Officer must take up the posting to a position that has this LL status or a higher LL status.

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38. Legal Officers who are Judge Advocates or Defence Force magistrates will not be

assessed on the performance of their judicial functions.

Promotion in rank

39. Rank promotion will be in accordance with extant single Service policies. As

distinct from LL advancement, LOSOCS officers are subject to single Service promotion

requirements including service needs, time in rank, Service individual readiness

compliance, residual service, PAR competitiveness, completion of general officer courses,

experience and technical qualifications, and promotion suitability. In addition, the attainment

of a particular legal competency level or legal specialisation, linked with satisfactory

military performance, may be a core selection criterion within promotion board

deliberations.

40. As well as meeting single Service promotion requirements, to be eligible for selective

promotion Legal Officers who are administered, advanced and paid within the LOSOCS need

to have met the minimum competency requirements as follows:

a. for promotion to O04, Legal Officers must be at least LL2 or LL-B;

b. for promotion to O05, Legal Officers must be at least LL3 or LL-B; and

c. for promotion to O06, Legal Officers must be at least LL4 or LL-B.

d. for promotion to O07, Legal Officers must be LL5; and

e. for promotion to O08, Legal Officers must be LL5.

PART C - LEGAL TRAINING AND ACADEMIC QUALIFICATIONS

41. Legal Officers are required to undertake academic training in order to satisfy the

criteria for advancement in LL. For the purposes of advancement in LL, completion of

academic qualifications means satisfactory completion of the appropriate LTM1, 2 or 3

course. LTM1 consists of a two week residential course held at and conducted by the staff

of the Military Law Centre (MLC) in Victoria Barracks, Paddington followed by completion

of LTM1 Consolidation Tasks. LTM2 and LTM3 are post-graduate tertiary education

programs conducted by a university or universities and administered by the MLC.

42. Legal Officers should undertake LTM1 at the earliest possible opportunity once they

have an understanding of the Defence organisation, roles and structure and do not need to

have completed IOT before undertaking LTM1, although it is preferred. Supervisors who

seek to have Legal Officers who have not completed IOT attend LTM1 should, after

consultation with HOC, make a submission to the MLC.

43. LTM2 requires the satisfactory completion of the following four subjects:

a. Military Administrative Law;

b. Military Discipline Law;

c. Military Operations Law; and

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d. Advocacy for Military Lawyers up till 2013 and thereafter, Military Legal

Practice.

From 2014, satisfactory completion of these subjects normally leads to the grant of a Graduate

Certificate in Military Law. However, where one or more LTM2 subjects were completed

prior to 2014, satisfactory completion of these subjects normally leads to the grant of a

Graduate Diploma of Military Law.

43A. Where a Legal Officer has received recognition of prior learning (RPL) for one of the

above subjects, that Legal Officer may apply to the LO CPDC for funding for an elective

subject in order to qualify for the grant of a Graduate Certificate/Diploma of Military Law.

44. LTM3 requires the satisfactory completion of the following core subjects:

a. Advanced Military Administrative Law;

b. Advanced Military Discipline Law;

c. Advanced Military Operations Law;

and, in the case of Legal Officers in the permanent force without an existing master of laws

(LLM) degree, LTM3 requires the satisfactory completion of four or five elective subjects

from a list of elective subjects approved by the LO CPDC.

45. Satisfactory completion of these seven or eight subjects will lead to the grant of a

Master of Military Law or, at the request of the member and approval by the university, a

LLM or other masters degree. From 2014 Advanced Military Administrative Law and

Advanced Military Discipline Law will be 9 unit subjects rather than 6 unit subjects as was

the case up till 2013. Accordingly Legal Officers who complete these two subjects from 2014

onwards will only be required to complete Advanced Military Operations Law and four

elective subjects to be eligible for award of a masters degree.

46. Legal Officers in the permanent force who hold a LLM degree and all reserve Legal

Officers are only required to undertake the three LTM3 core subjects listed at subparagraphs

42.a-c above. Those officers who, after completion of the three LTM3 core subjects, have not

completed 24 units may seek LO CPDC approval to undertake one elective subject from the

LO CPDC approved list. Satisfactory completion of these three/four subjects will lead to the

grant of a Graduate Diploma of Advanced Military Law.

47. Completion of a LTM Subject. For the purposes of advancement in LL a Legal

Officer will have completed a LTM subject on the day that the Legal Officer submits the

completed final examination or paper for that subject, provided the student is subsequently

awarded a pass in that subject.

47A. Completion of LTM1. In order to be eligible to advance to LL2, Legal Officers must

satisfactorily complete both the LTM1 residential course and all the LTM1 consolidation

tasks. Legal Officers shall be considered to have completed LTM1 on the day they were

certified as having successfully completed their last LTM1 consolidation task, provided all

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consolidation tasks are confirmed to be satisfactory by the DMLC25 after submission of the

summary sheet and all task reports to MLC.26

48. Breaches. All integrity related breaches of training standards, such as plagiarism, are

treated very seriously by the university and the ADF. Legal Officers are reminded that they

remain ADF members when undertaking LTM subjects and any integrity related breaches of

university standards may be subject to disciplinary action and/or military administrative

action in addition to university action.

Recognition of Prior Learning

49. Prior learning is recognised within the LOSOCS under a process of recognition of

prior learning (RPL) by the LO CPDC. RPL for LTM2 Advocacy is available only to Legal

Officers who have completed at least one LTM2 subject by the end of 2013. LO CPDC Policy

decisions relating to RPL (LO CPDC Policy Decisions 242/04 and 84/08), are available at

the CPDC Policy Decisions link of the ADF Legal Officer Career Management page http://www.defence.gov.au/legal/CareerManagement/.

50. In addition to these general RPL provisions, specific RPL arrangements applied to

Legal Officers in the ADF as at 16 Mar 00, the date the LOSCS was introduced. Legal

Officers who were:

a. deemed LL3 as at 16 Mar 00, are deemed to have RPL of LTM2;

b. deemed LL2 as at 16 Mar 00 and had completed the Legal Officers

Initial/Basic Course prior to 16 Mar 00, are deemed to have RPL of LTM2;

c. deemed LL4 as at 16 Mar 00, are deemed to have RPL of LTM3;

d. deemed LL3 as at 16 Mar 00 and had completed the Legal Officers Advanced

Course prior to 16 Mar 00, are deemed to have RPL of LTM3;

e. deemed LL3 as at 16 Mar 00, had been a Legal Officer for 10 years taking into

account credit granted for prior experience and held the 04 rank for three (3)

years, are deemed to have RPL of LTM3.

Panelling Criteria for LTM Courses

51. DMLC is the Panelling Authority for all LTM courses. Authority for funding approval

for Legal Officers seeking to undertake an elective subject in order to complete the Graduate

Diploma in Advanced Military Law remains with DGADFLS (with LO CPDC advice).

52. DMLC does not guarantee placement on any LTM core or elective subject. Students

will be panelled on courses in accordance with the panelling criteria outlined below. The

panelling criteria are based upon the following principles:

25 If DMLC does not find the submitted consolidation tasks to be satisfactory, s/he may take any action s/he

deems reasonable in the circumstances including, but not limited to, returning the tasks to the Legal Officer

for resubmission, or direct referral to the member’s HOC. 26 Where Legal Officers have been authorised to undertake and do complete Consolidation Tasks before the

residential course, ‘completion’ of LTM1 for the purposes of this paragraph will occur upon the successful

completion of the residential component or the consolidation tasks, whichever occurs later.

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a. Funding available for legal training is not unlimited;

b. Panelling of LTM courses should achieve equity between nominating Legal

Officers;

c. Legal Officers should be adequately prepared to attend LTM subjects as active

participants;

d. Legal Officers identified for deployment should be given priority for LTM

Operations Law subjects.

53. DGADFLS reserves the right, in exceptional circumstances, to direct the Panelling

Authority in respect of panelling decisions. In this regard, DGADFLS may impose decisions

on the Panelling Authority that do not comply with the following panelling criteria.

LTM Courses

54. The following panelling criteria apply generally:

a. Only Legal Officers who are members of the LOSOCS or are recognised by the

LO CPDC as a Legal Officer are eligible for empanelment on any LTM course.

(1) Except where an applicant is the subject of a CPDC decision

recommending admission to the LOSOCS or recognition as a Legal Officer

but where the admission to the LOSOCS or recognition is not yet effective.

DGADFLS may approve empanelment on LTM1 if there is a vacancy on

the course.

b. Unless a Legal Officer in the Standby reserve has a current undertaking for

service under section 26 of the Defence Act 1903 that officer is not eligible for

empanelment on any LTM course.

c. Reserve Legal Officers, while on continuous full-time service (CFTS), are

entitled to the same funding and funding priority as Legal Officers in the

permanent force.

LTM1

55. The following panelling criteria apply to LTM1:

a. Permanent Legal Officers, including officers recognised by the LO CPDC as a

Legal Officer will be given priority over Reserve Legal Officers for empanelment

on LTM1.

b. Legal Officers who have completed IOT will be given priority over Legal Officers

who have not yet completed IOT.

LTM2

56. The following criteria apply to LTM2:

a. Before they become eligible for empanelment on LTM2 subjects an officer

recognised as a Legal Officer must have satisfactorily completed both the LTM1

residential course and all the LTM1 consolidation tasks and be LL2 IAW a LO

CPDC decision specific to them.

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21

(1) Legal Officers who were admitted to the LOSOCS at LL2 are still required

to complete LTM1.

b. Omitted.

c. Omitted.

d. Eligible Legal Officers will be prioritised for empanelment on LTM2 subjects

in accordance with their relative seniority at LL2. Officers recognised as Legal

Officers will be prioritised for empanelment on LTM2 subjects in accordance

with their relative seniority since completing LTM1.

(1) Except Permanent Legal officers will be given priority over Reserve Legal

Officers unless the Reserve Legal Officer holds seniority at LL2 of greater

than twelve months more than the comparative Permanent Legal Officer.

(2) Except where a Legal Officer has been identified for deployment and

completion of a LTM Operations Law subject is required for that Legal

Officer.

e. Legal Officers will not normally be panelled on more than two LTM2 subjects in

any one calendar year unless they have at least two years’ seniority at LL2.

Officers recognised as Legal Officers will not normally be panelled on more than

two LTM2 subjects in any one calendar year unless they have at least two years

seniority since completing LTM1.

(1) Discretion will be used when applying this criterion. Legal Officers who

have completed the Task Journal for the relevant area of military law at the

Competent Level should not be disadvantaged in the panelling process.


completion of a LTM Operations Law subject is required for that Legal

Officer.

LTM3

57. The following criteria apply to LTM3:

a. Legal Officers must have satisfactorily completed LTM2 and be LL3 IAW a LO

CPDC decision specific to them or be LL-B or LL-A before they become eligible

for empanelment on LTM3 subjects.

b. Eligible Legal Officers will be prioritised for empanelment on LTM3 subjects in

accordance with their relative seniority at LL3. DMLC will decide the priority of

empanelling candidates on LTM3 subjects in consultation with, DNLS, DALS,

DAFLS and DGADFLS taking into account single Service and joint capability

needs.

(1) Except Permanent Legal officers will be given priority over Reserve Legal

Officers unless the Reserve Legal Officer holds seniority at LL3 of greater

than twelve months more than the comparative Permanent Legal Officer.

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completion of LTM3 Advanced Operations Law is identified as desirable

for that Legal Officer.

c. Legal Officers will not normally be panelled on more than two core subjects for

LTM3 in any one calendar year unless they have at least two years’ seniority at

LL3.

(1) Discretion will be used when applying this criterion.


completion of LTM3 Advanced Operations Law is identified as desirable

for that Legal Officer.

d. Reserve Legal Officers, other than on CFTS, will not be funded for LTM3

electives unless:

(1) Prior to Feb 03, the Reserve Legal Officer had been given approval to

undertake the full LTM3 program, including electives;

(2) Prior to 4 Mar 08, the Reserve Legal Officer had been a member of the

permanent force when approval had been given to undertake the full LTM3

program, including electives, and had since transferred to the Reserve; or

(3) Completion of an elective within the LTM3 program is required for the

Reserve Legal Officer to carry out duties that the officer is or may be

required to carry out and the Committee has approved completion of the

elective by that officer.

e. Empanelment on LTM3 elective subjects will be supported where possible,

subject to funding constraints and equitable treatment of Legal Officers.

(1) Where funding constraints mandate limits to elective subject approvals, the

factors considered by DMLC will include the number of subjects each

Legal Officer is seeking to undertake and the respective seniority in LL.

Guidance on Legal Officer Training

58. The LO CPDC has provided guidance on Legal Officer training to commanders27.

59. In short, the intention is to achieve a balance between career progression

requirements, members’ desires and operational requirements. The decision to release

Legal Officers for legal training should take into account the need of the member to

undertake professional Legal Officer training as well as unit requirements and attendance at

major exercises or deployments, which are equally critical for professional development

and progression.

27 See LO Policy Decision 57/07 at the LOCPDC Policy Decisions link of the ADF Legal Officer Career

Management page http://www.defence.gov.au/legal/CareerManagement/.

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60. Table 8 below is the example timeline for Legal Officer training progression provided

in the guidance to commanders.

Table 8 - Example Legal Officer Training Progression

Year in Service Legal Officer Specialist

Training

Military Skills/Promotion

Training (not all

mandatory)

1 LTM1

LTM2 – one or two subjects

IOT

2 LTM2 – two subjects Single Service promotion

prerequisite training

Joint warfare training

3 Any remaining LTM2

subjects

LTM3 – one or two subjects

4 LTM3 – two subjects

5 LTM3 – two subjects Single Service promotion

prerequisite training

Command and Staff college

Joint warfare

6 LTM3 – two subjects


subjects


subjects

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Failure of Legal Training Module Subjects

61. LTM1. In order to successfully complete the LTM1 qualification, Legal Officers

must pass the LTM1 residential course and successfully complete all the LTM1 consolidation

tasks. After successfully completing the residential course, Legal Officers have no more than

18 months to complete the LTM1 Consolidation Tasks.28 The Consolidation Tasks,

instructions and the process for review of submissions are contained at Annex A (“LTM1

Consolidation Task Booklet”).

62. Legal Officers who do not pass the LTM1 residential course or who fail to

successfully complete all LTM1 Consolidation Task within the allotted time, will have their

role as Legal Officers reviewed by their Head of Category (HOC) and/or DGADFLS. In

consultation with DMLC and other subject matter experts as necessary, the HOC (in

consultation with DGADFLS) and/or DGADFLS may provide advice to the relevant service

career management agency regarding the suitability and/or authority of that Legal Officer to

perform the duties of an ADF legal officer. For example, based on the Legal Officer's

performance with respect to LTMl, the HOC (in consultation with DGADFLS) and/or

DGADFLS may recommend to Head Defence Legal (HDL) that the Legal Officer's authority

to provide legal advice and or legal services be withdrawn or restricted (in accordance with

HDL's authority pursuant to the A/Secretary and CDF charter letter to HDL of 21 Jun 16)

and, subsequently, advise the relevant service career management agency of HDL's decision.

62A. The HOC (in consultation with DGADFLS) or DGADFLS may also recommend to

the relevant service career management agency that the Legal Officer be issued with a

termination notice or that the Legal Officer's current period of engagement not be extended.

It may also be possible for a HOC or DGADFLS (if authorised) to issue a Notice to Show

Cause for consideration by the career management agency delegate under s24 of the Defence

Regulation 2016.

63. LTMs 2 and 3. The following policy applies to failures of LTM2 and LTM3 subjects:

a. Legal Officers who fail any LTM2 or LTM3 subject (including withdrawals

that attract financial penalty or any other form of failure to pass) are liable to

fully fund the university fees on any repeat or replacement subject.

b. If the Legal Officer considers there are extenuating circumstances (i.e. reasons

beyond their control) that account for the failure, the Legal Officer is to:

(1) make application through the University appeals system to state their

case. If the extenuating circumstances relate to service reasons the

MLC is available to provide input in support of such an application;

and

(2) where the University does not agree to waive the fees for a repeat or

replacement subject and the Legal Officer believes the extenuating

circumstances to be service related, the Legal Officer may make an

application to the LO CPDC for funding and the LO CPDC will

consider the application on its merits, taking into account the policy

set out in subparagraph 55.a.

28 DGADFLS (or DMLC on DGADFLS’ behalf) may, in exceptional circumstances, and on a case by case

basis upon written application, approve Legal Officers to extend beyond 18 months.

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64. Legal Officers who are unable to complete LTM2 or LTM3 because of repeated

failure in one or more subjects will have their role as Legal Officers reviewed by their HOC

and/or DGADFLS. That review may result in the same kind of action that would follow

failure to successfully complete LTMl (as detailed in paragraphs 62 and 62A).

Study Leave

65. The LO CPDC has authorised reserve Legal Officers to claim up to three days per

subject for study and the undertaking of the examination or completion of paper. The LO

CPDC has authorised reserve Legal Officers to claim up to nine days to complete the LTM1

Consolidation Tasks. Where a Legal Officer has failed LTM1 and is required to complete a

supplementary exam or is required to submit a fresh report, no further days will be allocated

for completion of the supplementary exam.

66. Legal Officers in the permanent force will need to seek approval for study leave. If a

commander seeks guidance on the amount of short leave to be approved, the LO CPDC

considers that short leave of three days per subject is reasonable.

Enrolment in LTM 1, 2 and 3 Courses

67. Reserve Legal Officers will be approved training days to undertake pre-reading for

LTM courses.

68. Reserve Legal Officers may be approved 2 training days to undertake pre-reading for

LTM1 Course.

Enrolment in LTM 1, 2 and 3 Courses

69. For information concerning enrolment in LTM 1, 2 and 3 courses (including elective

subjects for which funding by Defence Legal is sought) view the Legal Training Modules

link of the Military Law Centre page http://www.defence.gov.au/legal/LawCentre/. After

viewing the web site if further information is required contact the MLC by:

Email to: [email protected]

Phone: 02-8335 5626

Fax: 02-8335 5634

Or mail to: Military Law Centre

Building 113, Victoria Barracks

Oxford Street

Paddington NSW 2021

PART D - THE LO CPDC, INCLUDING APPLICATIONS AND REVIEWS

70. The Legal Officers’ Career and Professional Development Committee (LO CPDC)

consists of:

a. Chair. Director General ADF Legal Services (DGADFLS).

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26

b. Advisers.

(1) Director Navy Legal Services (DNLS);

(2) Director Army Legal Services (DALS);

(3) Director Air Force Legal Services (DAFLS);

(4) Director of the Military Law Centre (DMLC);

(5) National Practice Manager - Defence Legal (NPM);

(6) One representatives from each of the single Service CMs; and

(7) LO CPDC Secretary.

c. Secretary. The LO CPDC Secretary is the secretary to the Committee.

71. The functions of the LO CPDC are to advise the DGADFLS on:

a. Any changes to the assessment criteria for LL consistent with the decisions of

the DFRT;

b. Recommendations concerning the LL, legal specialist category, rank,

seniority and salary increment of applicants being considered for appointment

as a Legal Officer in the ADF;

c. Recommendations concerning the LL, legal specialist category, rank,

seniority in rank and salary increment of officers seeking to transfer as a Legal

Officer in the ADF;

d. Decisions or recommendations on the progression of Legal Officers to higher

LL or legal specialist category within the LOSOCS;

e. Legal Officer legal training policy;

f. Training issues relating to individual Legal Officers;

g. The LL or legal specialist category of legal officer positions; and

h. Any other matter relating to the professional development of Legal Officers.

72. DGADFLS is to:

a. review the assessment criteria for LL and make any policy decision or

recommendation for change consistent with the decisions of the DFRT;

b. assess and make recommendations to the relevant CM concerning the LL,

legal specialist category, rank, seniority in rank and salary increment of

applicants being considered for appointment as a Legal Officer in the ADF;

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c. assess and make recommendations to the relevant CM concerning the LL,

legal specialist category, rank, seniority in rank and salary increment of

officers seeking to transfer as a Legal Officer in the ADF;

d. decide or make recommendations, as appropriate, to the relevant CM on the

progression of Legal Officers to higher LL or legal specialist category within

the LOSOCS;

e. determine ADF Legal Officer legal training policy;

f. determine training issues relating to individual Legal Officers;

g. make recommendations to the relevant CM concerning the LL or legal

specialist category of Legal Officer positions;

h. determine whether an ADF legal officer is competent and fit to be permitted

to engage in military legal practice; and

a. determine or make recommendations, as appropriate, on any other matter

relating to the professional development of Legal Officers.

Applications to the LO CPDC

73. Requests to join the LOSOCS, applications for advancement in LL and all other

applications to the LO CPDC are to be initiated by the individual Legal Officer or applicant.

Requests and applications should be sent directly to the LO CPDC Secretary, preferably by

e-mail, as follows:

E-mail to: [email protected]

Alternative methods of forwarding requests and applications are:

Fax: 02-626 63192 (Attn: LO CPDC Secretary)

or mail to: LO CPDC Secretary

Defence Legal, CP2-4-049

Department of Defence

PO Box 7911

CANBERRA BC ACT 2610

74. Applications to the LO CPDC should be in accordance with the appropriate form at

the LO CPDC Forms link of the ADF Legal Officer Career Management page http://www.defence.gov.au/legal/CareerManagement/.

75. Advice in relation to LO CPDC applications may be sought from LO CPDC

Secretary.

76. A recommendation or decision of the LO CPDC, including any explanation or

reasons, is to be signed by the Chair and, where a decision or action is required from the CM

delegate, forwarded to the single Service CM for consideration or action by the CM delegate,

with a copy provided to the member.

77. When a decision is made by the CM delegate, reasons for the decision are to be passed

by the CM to the Legal Officer with the decision, and will include:

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a. the evidence considered in making the assessment, including the relevant

factors taken into account (i.e. the basis for the assessment);

b. the recommendation and decision itself;

c. the date of effect of any decision;

d. the date of effect of any pay, seniority or increment placement that may

eventuate; and

e. any other relevant matter which may affect the future placement of the Legal

Officer within the LOSOCS.

Reviews

78. In the first instance, where a Legal Officer does not accept the CM delegate’s

decision, the Legal Officer may request that the matter be reconsidered and may provide new

or additional material for reconsideration. In such circumstances the CM is to

forward the request and any new or additional evidence to the LO CPDC for reconsideration.

79. The LO CPDC is to notify the CM of the fresh recommendation to enable the CM

delegate to make a fresh decision. The Legal Officer will be advised of the delegate’s fresh

decision by the CM. If the Legal Officer does not accept the CM delegate’s fresh decision

the Legal Officer may request that the matter be considered by the Review Committee and

may provide new or additional material for consideration.

80. In such circumstances the CM is to forward the request and any new or additional

evidence to the Review Committee for consideration. The Review Committee is to consider

the material, make a recommendation and notify the CM delegate of the recommendation of

the Review Committee. The CM delegate will make a decision and inform the Legal Officer

and the Chair of the LO CPDC of the delegate’s decision in relation to the application for

review and will provide reasons for the decision.

81. Review Committee. The composition of the Review Committee will include:

a. Chair - an officer appointed by Director General Navy Personnel and Training,

Director General Career Management-Army or Director General Personnel-

Air Force as the Chair of the Review Committee;

b. a senior Legal Officer nominated by DGADFLS; and

c. a single Service CM representative.

82. The review process does not restrict the right of a member to make Application for

Redress of Grievance (AROG) in accordance with Complaints and Resolutions Manual,

Chapter 6 – Redress of Grievance.

Annex:

A. LTM1 Consolidation Task Booklet

ADF LEGAL OFFICERS’ SPECIALIST OFFICER CAREER … · exercised with advice from the head of...

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