MILITARY LAW CENTRE

LEGAL TRAINING HANDBOOK

MAY 2020

ii

CONTENTS

DOCUMENT HISTORY iii

GLOSSARY iv

REFERENCES v

PREFACE vi

1 OVERVIEW 1

2 GENERAL COURSE INFORMATION 5

3 LEGAL TRAINING MODULE 1 (LTM1) 9

4 LEGAL TRAINING MODULE 2 (LTM2)—GRADUATE CERTIFICATE IN

MILITARY LAWS 12

5 JOINT OPERATIONS LEGAL TRAINING (JOLT) 13

6 LEGAL TRAINING MODULE 3 (LTM3)—GRADUATE DIPLOMA OR

MASTERS OF MILITARY LAWS 15

7 LEGAL TRAINING MODULE 4 (LTM4)—LEGAL PRACTICE

MANAGEMENT 17

8 MLC ASSESSMENT MANAGEMENT AND RECORD KEEPING POLICY 18

iii

DOCUMENT HISTORY

Version Date Status Generated by Description of Changes

1.0 May 2020 APPROVED MAJ Sean Flynn Complete re-write

Insert JOLT Chapter

iv

GLOSSARY

ADF – Australian Defence Force

ADELE – Australian Defence Electronic Learning Environment

ANU – Australian National University

BoS – Board of Studies

DGMLS – Director General Military Legal Service

DIPCML – Director ADF Indo-Pacific Centre for Military Law

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.

IPCML – ADF Indo-Pacific Centre for Military Law

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

TCO – Training Coordination Officer

TDO – Training Development Officer

TPR – Training Progress Report

UoA – University of Adelaide

v

REFERENCES

Policy

a. ADF Legal Officers Specialist Officer Career Structure (LOSOCS) Policy

Web links

a. Australian Defence Electronic Learning Environment (ADELE): www.adele.edu.au

b. Australian National University: https://www.anu.edu.au/

c. Graduate Certificate of Military Law:

https://programsandcourses.anu.edu.au/2021/program/CMILL

d. Graduate Diploma of Military Law:

https://programsandcourses.anu.edu.au/2021/program/DMILL

e. ADF Indo-Pacific Centre for Military Law:

Internet: http://www.defence.gov.au/legal/mlc.asp

Intranet: http://drnet.defence.gov.au/AssociateSecretary/DLD/DGADF/Directorates/P

ages/Indo-Pacific-Centre-For-Military-Law.aspx

f. Legal Officer Career Management:

https://www.defence.gov.au/Legal/CareerManagement/

g. LOSOCS Policy:

https://www.defence.gov.au/Legal/CareerManagement/losocspolicy.asp

h. LOSOCS Policy Decisions:

https://www.defence.gov.au/Legal/CareerManagement/advancementLegalLevels.asp

i. LTM 1 Consolidation Tasks:

https://www.defence.gov.au/Legal/CareerManagement/consolidation.asp

j. Master of Military Law:

https://programsandcourses.anu.edu.au/2021/program/7316XMMIL

k. Military Law Centre:

Internet: http://www.defence.gov.au/legal/mlc.asp Intranet: http://drnet.defence.gov.au/AssociateSecretary/DLD/DGADF/Directorates/Pages/

Military%20Law%20Centre.aspx

l. PACMAN: https://www.defence.gov.au/PayAndConditions/default.asp

m. QANTAS Business Travel: https://www.portal.qbt.travel/

n. Travel Connect: http://drnet/dfg/Travel/Pages/default.aspx#

o. University of Adelaide: https://www.adelaide.edu.au/

vi

PREFACE

This Handbook provides general information to Australian Defence Force (ADF) Legal

Officers (LOs) on the training courses conducted by the Military Law Centre (MLC). 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 LOs 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 are able to undertake

IPCML courses and will gain most benefit from those that are aligned with their 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 the Military Legal

Service and the ADF.

SCA Lambert

Colonel

Director, Military Law Centre

13 May 2020

1

1 OVERVIEW

Introduction

1.0 This handbook has been designed to provide Legal Officers (LOs) with guidance,

intended expectations and the general administrative requirements of MLC administered

courses as LOs progress through their military careers. These training requirements are set by

the Legal Officers’ Career and Professional Development Committee (LO CPDC) and

reflected in the Legal Officer Specialist Officer Career Structure (LOSOCS) Policy.

1.1 LOSOCS is administered by the Legal Officers’ Career and Professional

Development Committee (LO CPDC), which grants Legal Competency Levels (LLs), ranging

from LL1 to LL5. A description of LOSOCS and the role of the LO CPDC is provided in the

LOSOCS Policy, available on the ADF Legal Officer Career Management website. All LOs

should read the LOSOCS Policy and associated LO CPDC decisions after reading this

Handbook.

1.2 Precedence. The LOSOCS Policy and associated LO CPDC decisions are

authoritative and override this Handbook where inconsistencies may arise. Similarly, most

MLC courses have joining instructions, which outline the administrative processes specific to

that particular course/subject, which may at times also differ from the requirements in this

Handbook.

a. The requirements in the 25 July 2019 version of the LOSOCS Policy is reflected

within this handbook.

Role of the Military Law Centre

1.3 The Director General Military Legal Services (DGMLS) has determined that the

MLC has primary responsibility for the co-ordination, formulation and delivery of the legal

education and training necessary for the professional development of LOs in the ADF.

1.4 The MLC’s contact details are:

a. Physical address:

Military Law Centre

Victoria Barracks Sydney, Building 113

34A Moore Park Road, PADDINGTON NSW 2022

b. Postal address:

Military Law Centre, Victoria Barracks-Sydney, Building 113

Locked Bag 7005

LIVERPOOL NSW 1871

c. Telephone: +61 2 8335 5627

d. Email: mlc.admin@defence.gov.au

2

Legal Training Modules (LTM)

1.5 The LTMs provide the requisite formal education and training to progress through

the corresponding LLs.1 Only LOs who are members of the LOSOCS are eligible to

undertake LTMs, unless they are authorised by the LO CPDC to undertake LTM1 prior to

being formally accepted into LOSOCS.2

1.6 The LOSOCS Policy contains a detailed explanation of each LL and requirements

for progression. At each LL, a LO is expected to complete the associated LTM as part of the

education/training requirement to advance in LL. Currently, the Australian National

University (ANU) and the University of Adelaide (UoA) consortium have the contract to

deliver the LTM2 and LTM3 subjects to ADF LOs.

1.7 In summary, the education/training requirements during each LL are:

a. LL1-LTM1. LOs should complete LTM1 at the earliest opportunity after

completion of relevant single service initial officer training.3 LTM1 consists of a

two-week residential course and a number of consolidation tasks to be completed

within 18 months of the residential course.

b. LL2-LTM2. LOs must satisfactorily complete each LTM2 education/training

component. LTM2 consists of four subjects, conducted through the ANU and UoA

consortium. Successful completion will result in the award of a Graduate Certificate

of Military Law.

(1) LTM2 subjects are conducted every year at ANU, through the ANU and UoA

consortium contractual arrangement, and will generally be of five days

duration and delivered through an intensive residential format. Dates and

timings for these courses are detailed on the MLC website.

(2) The required subjects for the Graduate Certificate of Military Law are:

(i) Military Discipline Law

(ii) Military Operations Law

(iii) Military Administrative Law

(iv) Military Legal Practice

c. LL3-LTM3. There are two facets to LTM3 subjects – the core subjects and elective

subjects. The academic criteria required for LL3 LOs differs for permanent and

reserve officers.

(1) Reserve Legal Officers. Reserve LOs will complete the core LTM3 subjects

at Commonwealth expense and will be awarded a Graduate Diploma of

Military Law by ANU upon successful completion.

1 The LOSOCS Policy provides a description of each legal competency level and the process of progression

between levels. 2 LOSOCS Policy details the process for this. 3 In exceptional circumstances, the LTM1 course may be undertaken before single service initial officer training

has been completed.

3

(2) Permanent Legal Officers. Those permanent LOs without an existing

Master’s degree are required to complete both the core and elective subjects in

order to complete the Master of Military Law degree. Those permanent LOs

with a prior Master’s degree, are only approved to complete the core subjects

for an award of a Graduate Diploma of Military Law at Commonwealth

expense.

(3) Core LTM3 subjects. These core subjects are conducted biennially at ANU

by an ANU and UoA consortium and will generally be of five days duration

and delivered through an intensive residential format. Dates and timings for

these courses are detailed on the MLC website.

(4) These core subjects are:

(i) Advanced Military Discipline Law

(ii) Advanced Military Operations Law

(iii) Advanced Military Administrative Law

(5) Elective subjects. Satisfactory completion of the Master of Military Law

program is determined by ANU and students must comply with their

educational requirements. All elective subjects that students wish to undertake

must be pre-approved by the Director Military Law Centre (DMLC).

(i) LTM3 elective subjects are conducted at either ANU or UoA during

their normal teaching semesters. LOs should review the respective

universities website for timings and teaching format.

(ii) A list of pre-approved elective subjects are displayed on the MLC

website.

d. LL4. LOs at LL4 may undertake a management-related qualification covering

practical issues for senior managers in a professional workplace. A list of LO CPDC

approved management course is contained on the ADF Legal Officer Career

Management website page.

LO training progression

1.8 The LOSOCS Policy provides guidance on the expected LO training progression.

This guidance is represented below at Table 1.1. This should be read in conjunction with the

LOSOCS Policy and individual service requirements.

Table 1.1: Indicative Legal Officer training progression

Years in

Service

Legal Officer Specialist Training

(mandated by LOSOCS)

Other Training

(not mandated by

LOSOCS)

1 LL1: LTM1

LL2: LTM2 – one or two subjects Initial Entry Officer Training

4

2 LL2: LTM2 – two subjects Single Service promotion

prerequisite training

Joint warfare training

Joint Operations Legal

Training

3

LL2: Any remaining LTM2 subjects not

previously completed

LL3: LTM3 – one or two subjects

4 LL3: LTM3 – two subjects

5 LL3: LTM3 – two subjects Single Service promotion

prerequisite training

Joint warfare training

Command and Staff college

6 LL3: LTM3 – two subjects

7 LL3: Any remaining LTM3 subjects

8 LL3: Any remaining LTM3 subjects

1.9 This expected training 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.

1.10 It is anticipated that Reserve Legal Officers (RLO) will advance through the training

continuum at a slower pace in accordance with their part-time exposure to ADF LO duties.

1.11 While LO can nominate for multiple subjects throughout a year, LOs should not

expect to undertake more than two LTMs in a calendar year.

Additional training courses

1.12 In addition to the LTM courses, the MLC conducts a number of other courses for

ADF LOs including the Joint Operations Legal Training (JOLT) course, Maritime Security

Operations Law Training (MSOLT) course, and the Advanced Inquiry Officer Course

(AIOC).

1.13 Additionally, the IPCML conducts a number of legally focused courses to both Legal

and General Service Officers from the ADF and Internationally. These courses include the

following, which are usually conducted annually;

a. Law of Peace Operations Workshop (LOPO)

b. Rules of Engagement Workshop (ROEW)

c. Maritime Operations Law Course (MOLC)

d. Maritime Security Cooperation Workshop (MSCW)

e. Cyber Law and Emerging Technology Workshop (CLETW)

f. Command and Staff Operations Law Course (CSOL).

1.14 None of the above courses are mandated by LOSOCS, but all are potentially

advantageous for a particular LO’s career or professional development.

1.15 LOs interested in obtaining more information and participating in an IPCML course,

should refer to the IPCML Training Handbook.

5

2 GENERAL COURSE INFORMATION

Nominations

2.0 Nominations for LTM courses are to be actioned by the individual LO using the

relevant MLC Nomination form available from the MLC website and email their nomination

to mlc.nominations@defence.gov.au. There will be no “call for nomination” regarding these

courses, therefore LOs should refer to the MLC website for dates regarding these courses.

LOs are to obtain the approval of their Supervisor prior to submitting a nomination.

2.1 Nominations for other MLC courses will generally occur directly from Heads of

Category (HOC). HOCs may disseminate calls for nominations within their respective

Services and prioritise applicants from their respective Services.

2.2 Nominations for the Advanced Inquiry Officer Course (AIOC) will generally be

conducted by DEFGRAM.

Panelling

2.3 The DMLC is the Panelling Authority for all MLC courses, which includes all LTM

subjects.

2.4 DGMLS is the funding approval authority for all elective subjects undertaken to

complete a Master of Military Laws.

2.5 DMLC does not guarantee placement on any specific course.

a. For MLC courses, DMLC will panel students based on financial constraints, purpose

of the course and information contained within the members submitted

Nomination/Expression of Interest. DMLC may seek input from other Directors as

required.

b. For LTM courses, DMLC will panel students based upon the principles stipulated by

the LO CPDC and reflected in the LOSOCS Policy.

(1) DMLC may seek input to nominations and panelling from the DGMLS and

respective HOC.4

(2) In exceptional circumstances, DGMLS may direct the panelling authority in

respect of panelling decisions, and in this regard, DGMLS has the discretion to

make decisions that are not in accordance with the panelling criteria.

2.6 Maintain current contact details. It is the LO’s responsibility to ensure they check

and keep current all personal details on PMKeyS, the Defence Corporate Directory and also

with the respective University (ANU and/or UoA). This will ensure efficient communications

with members regarding panelling, enrolment and general administrative requirements.

a. ANU and UoA will communicate with students through their respective university

email addresses.

4 For example, Service need for attendance on JOLT or LOs identified for operational deployments that require

completion of the LTM2 and/or LTM3 Operations Law course, may be given a higher priority over LOs of

similar or greater seniority.

6

b. MLC will communicate with members via the email address provided in the relevant

nomination form.

2.7 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.au.

a. Members are to comply with the directions and requirements contained within the

Joining Instruction in the event there are any inconsistencies between the Joining

Instruction and this Handbook.

Study Commitment

2.8 Study Leave. Most MLC and LTM courses require members to undertake study

and/or assessments outside the course residential period. The LOSOCS Policy provides

direction regarding the approved leave periods for both Reserve and Permanent LOs. In

summary the LO CPDC has approved:

a. Reserve Legal Officers.

(1) LTM1: Students may claim up to two training days for pre-course reading, and

nine days for LTM1 Consolidation Tasks.

(2) LTM2/3: Students may claim up to three training days per course for study and

examinations, or the completion of a paper. 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.

(3) If students believe they require additional RSD, they may request further days

from DMLC, detailing why they require the additional time.

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 timings indicated above may be used as a guide by Commanders.

2.9 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. 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.

2.10 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.

2.11 Completion of more than two legal training subjects in one year, whilst permissible,

should not be considered normal, but rather an exception for specific service

needs/requirements.

7

Academic Administration

2.12 Enrolment at University. Once a LO has been approved to commence their LTM2

subjects, LOs will be responsible for their own enrolment with ANU. LOs are responsible for

complying with all applicable ANU enrolment requirements. This can be commenced by

contacting:

a. ANU College of Law: (02) 6125 3965 or enquiries.law@anu.edu.au

2.13 If a LO has been approved to undertake a subject at UoA, they will be responsible for

their own enrolment with UoA. LOs are responsible for complying with all applicable UoA

enrolment requirements. This can be commenced by contacting:

a. Adelaide Law School: (08) 8313 5063 or lawenquiry@adelaide.edu.au

2.14 Withdrawal from course. 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.au. 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.

2.15 If a LO must withdraw from a course for personal reasons, they are to notify MLC as

soon as practicable.

2.16 LOs must be aware that any withdrawal from a University subject will need to

comply with the additional administrative processes and timelines imposed by that University.

In exceptional circumstances, the LO may seek support and assistance from MLC when

communicating with their University regarding withdrawals.

Defence expectations of students

2.17 Advancement through the LLs is dependent upon successful completion of the

courses and courses are therefore in high demand. The courses are normally restricted to 25

students, comprising both PLO and RLO from all Services.

2.18 All courses are pitched at a post-graduate level and students are expected to dress

and behave maturely in a manner consistent with the standard expected of an ADF member.

The adult learning environment and any observations of other standards on campus does not

alter the standard expected of an ADF member. The courses play a significant role in

continuing professional development and a professional approach to learning is expected.

This includes avoiding the intrusion of electronic communications and giving presenters the

attention they deserve in accordance with professional courtesy.

2.19 Consistent with the academic nature of these courses, students are expected to

complete the preliminary reading and ensure they understand and follow the instructions for

assessment in a timely manner as required by the ANU and UoA. The courses are rigorously

assessed and attendance alone is insufficient to meet the requirements of the universities or

the expectations of the ADF/MLC.

2.20 Plagiarism, collusion and cheating policy. Defence and the MLC treat all integrity-

related breaches of training standards very seriously, including but not limited to plagiarism,

collusion, cheating, and inappropriate or unacceptable behaviour. Any integrity-related

8

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.

2.21 When undertaking MLC-sponsored university subjects, 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 or punishment.

Recognition of prior learning (RPL)

2.22 There is a distinction between the academic qualifications awarded by the ANU and

the progression of legal officers in LLs under LOSOCS.

a. Academic RPL. As ANU awards the academic qualifications for the LTM2 and

LTM3 programs, a student wishing to obtain RPL must satisfy the requirements of

ANU.

b. LOSOCS RPL. The LOSOCS Policy sets out the process of RPL for LOSOCS

purposes.

2.23 Approval by one does not automatically mean RPL approval in the other. LOs

should treat RPL applications as completely separate processes.

Sharing of student information

2.24 The Australian Privacy Principles (APPs) contained in Schedule 1 of the Privacy Act

1988 (Privacy Act), regulate how Defence, as an APP entity, collects, holds, uses and

discloses personal information. The MLC is bound by the Defence Privacy Policy.5

2.25 In order for LTM2 and LTM3 to be delivered by ANU and UoA, MLC needs to

share certain personal information about students to those universities. Such information may

include such things as contact details, course enrolments, discontinuations, attendance,

performance, and academic results.

2.26 MLC may provide such records and personal information to relevant Department of

Defence agencies, including the LO CPDC, the relevant service career management agencies

and Heads of Category/Corps/Community.

2.27 Both ANU and UoA will provide the MLC with copies of assessments submitted by

students which obtain a mark of ‘High Distinction’. The MLC may make these assessments

available as a resource to the Defence Legal officer community for Defence purposes.

2.28 Sharing of information will also include the provision of personal information to any

other external organisation the LO may wish to undertake Commonwealth sponsored training

with.

5 https://objective/id:AB23392727

9

3 LEGAL TRAINING MODULE 1 (LTM1)

3.0 Purpose. LTM1 is an introductory course for new ADF LOs, providing them with a

foundation level understanding of what military law is and how to provide advice within the

ADF. It aims to provide LOs with the requisite skills and knowledge to undertake the role of

an ADF LO at LL2.

3.1 Conduct. LTM1 is normally held once a year and is comprised of three 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 residential component conducted at the MLC by

MLC staff and visiting instructors. This will consist of four modules, culminating in

a final assessment day. The modules are:

(1) Operations Law

(2) Administrative Law

(3) Discipline Law

(4) Military Legal Practice.

c. Consolidation Phase. A series of post-course Consolidation Tasks.6 These tasks are

designed to consolidate learning undertaken during the residential phase. The

consolidation tasks cannot be completed prior to the residential course without prior

DMLC permission. It is unlikely permission will be given within six months of an

LO commencing their residential course.

3.2 Outcome. Upon completion of LTM1 has been obtained, a LO is entitled to apply to

LO CPDC to progress to LL2. Once a LO progresses to LL2 they will be entitled to

undertake the duties as detailed in the LOSOCS Policy.

a. In summary, they will be expected to perform with a limited increase in autonomy to

provide advice to Command, and provide independent legal aid and legal assistance

(including power of attorneys and wills) to ADF members. They will also be

expected to take responsibility for their own professional development and

maintenance of competency within the LOSOCS Policy.

b. They will continue to contribute to the output of their office at the level appropriate

to their skill and experience, as determined by their Supervisor.

3.3 Attendance on the two-week residential course allows LOs to meet and establish

networks with other PLOs and RLOs from other Services, including senior PLOs from

Defence Legal.

6 Consolidation Tasks is Annex A to the LOSOCS Policy.

10

Panelling Criteria

3.4 Students. Student panelling criteria is contained within the LOSOCS Policy.

3.5 Observers. Where panel size permits, DMLC may panel APS Legal Officers,

paralegals or other personnel as observers on the course. All travel costs will need to be

funded by the members’ unit/section. Where there are more observers nominating than

positions available, DMLC will determine observer prioritisation in accordance with

service/organisational needs. Observers will not be awarded the LTM1 proficiency.7 This is to

avoid a situation where an observer attempts to complete LTM1 prior to joining the ADF and

LOSOCS.

Academic requirements

3.6 Preparation phase. The Joining Instruction for the course will provide information

on the pre-course reading and any pre-course assessments. The total estimated time required

to complete the essential pre-course reading and assessments is two days.

3.7 Students will need to arrange to access the Defence Protected Network (DPN) and

will need to create an Australian Defence Electronic Learning Environment (ADELE)

account8 for a significant portion of the pre-course reading and assessments—including the

conduct of the residential phase.

3.8 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.

3.9 Residential Phase. The residential phase is very intensive. Students should not

expect to 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 course sessions will not be tolerated, except where

a medical certificate is provided. Students should ensure supervisors understand their

commitment and do not task their members while undertaking LTM1.

3.10 There are several exams throughout the residential phase and students are expected

to study in the evenings and over the weekend in preparation. Facilities will be provided to

allow students to study during weekday evenings.

3.11 Assessment.

a. Residential Phase. 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 will assess all modules taught throughout the course

and will require students to complete multiple concurrent assessment tasks.

b. Students will be required to pass all components of the assessments in order to pass

the residential phase and to progress onto their consolidation tasks.

7 Applications for an exception may be made to DMLC, but will only be considered in extreme circumstances. 8 Requires users to use their DPN email address to register. Users must use Google Chrome or Microsoft Edge

to access ADELE.

11

c. Consolidation Tasks. The LTM1 Consolidation Tasks are reviewed and approved

by the LO CPDC and reflected in the LOSOCS Policy. Consolidation tasks are not

to commence until after the completion of the residential phase.9

(1) These tasks are designed to expose students to the practical aspects of the

material covered during the residential phase. This is so students understand

not only the theory, law and policy, but also how their respective Service

implements this in practice.

d. Tasks are to be completed within 18 months of the conclusion of the residential

phase. Once respective supervisors have reviewed the tasks, student are to send a

copy of the completed consolidation tasks to MLC (mlc.admin@defence.gov.au) for

review and sign off.

e. DMLC is the approval authority for deeming LTM1 has been completed, which

includes satisfactory completion of both the residential phase and consolidation

tasks.

3.12 Failure. Students are required to satisfactorily pass all assessments in order to pass

LTM1. Students who do not pass an individual assessment during the residential phase will be

required to re-sit the assessment. Students will be provided feedback and a supplementary

exam, allowing time for further study. Multiple failures may result in the student being

removed from LTM1, as Not Yet Satisfactory (NYS).

3.13 The failure management policy in regards to the residential phase and Consolidation

Tasks is outlined in the LOSOCS Policy, this Handbook and detailed in the LTM1 Learning

Management Package.

3.14 Students who fail either the residential phase or the consolidation tasks may be

subject to career management action as detailed in the LOSOCS Policy.

3.15 Qualification. The LTM1 course is the academic pre-requisite for advancement to

LL2. There is no formal civilian qualification awarded for this course, however, proficiencies

will be awarded for completion of both the residential phase and the consolidation tasks.

9 Only DMLC is able to provide approval for a student to commence their tasks prior to the Residential Phase.

12

4 LEGAL TRAINING MODULE 2 (LTM2)—GRADUATE

CERTIFICATE IN MILITARY LAWS

Course structure

4.0 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

five day intensive modules:

a. Military Administrative Law

b. Military Discipline Law

c. Military Operations Law

d. Military Legal Practice.

Module Objectives

4.1 Upon successful completion of the LTM2 program, a LO is considered to have met

the academic requirements for advancement to LL3. Once granted LL3 from the LO CPDC,

LOs will be able to and expected to perform the duties of a LL3 LO as outlined in the

LOSOCS Policy.

Panelling Criteria

4.2 The DMLC is the panelling authority for all LTM subjects, and panelling decisions

will be undertaken in accordance with the requirements contained within this document and

the LOSOCS Policy.

Academic requirements

4.3 Assessment. Students will be required to undertake the required assessments

determined by the lecturer and the university. Students are to discuss directly with the

lecturer/university any issues regarding requirements, format and extensions. MLC will

generally not become involved in liaising with the university regarding assessments, unless in

exceptional circumstances and service related.

4.4 Failure. Failure of LTM2 subjects will be handled in accordance with the LOSOCS

Policy.

4.5 Qualification. Upon the completion of all LTM2 subjects and approval from ANU,

students will be awarded a Graduate Certificate in Military Law.

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5 JOINT OPERATIONS LEGAL TRAINING (JOLT)

Purpose

5.0 JOLT is the primary means for preparing ADF Legal Officers for the unique

requirements of providing legal support to commanders in a deployed environment. By

successfully completing JOLT, the DGMLS can be assured that ADF LOs possess sufficient

legal knowledge and skill to provide effective legal advice on operations.

5.1 This course is not pre-deployment legal training for any specific operation. It is

intended to provide students with the knowledge and skills necessary to provide effective

legal support to commanders on a range of operations.

Course Attendance

5.2 Nominations. MLC will seek nominations for JOLT directly from HOC. HOCs are

responsible for nominating LOs from their respective services ensuring the LO has sufficient

service knowledge and experience such that they would not be unduly disadvantaged in

undertaking JOLT. For this reason LOs should not expect to undertake JOLT in their first

two years of service.

5.3 LOs seeking to undertake JOLT must hold the following prerequisites:10

a. Minimum rank level - O3

b. Minimum Legal Level - LL2

c. Security Clearance - NV 1

d. Completion of Legal Training Module 2 - Operations Law (LTM2-OPS)

e. Completion of Legal Training Module 2 - Military Legal Practice (LTM2-MLP)

(highly desirable)

f. Introduction to Joint Operations (IJO) (highly desirable).

5.4 Panelling. DMLC is the panel authority. Allocation of single service positions on

JOLT will be determined each year by DMLC in conjunction with HOC, taking into account

operational and training liabilities. HOC must provide a list of nominated students to the

MLC, taking into account the course pre-requisites detailed above.

Course Structure

5.5 JOLT is a vocational based training course that is focused on the practical application

of legal knowledge relevant to the conduct of military operations. Students must have access

to ADELE and the Defence Secret Network in order to participate in the course.

5.6 JOLT consists of the following phases:

a. Pre-course preparation phase – 6 weeks

10 Wavers from DGMLS are the responsibility of HOC in consultation with DMLC.

14

b. Pre-reading phase – 2 days

c. Instructional phase – 7 days

d. Final assessment phase – 2 days

5.7 Instructional Phase. The seven day instructional phase involves learning and

practising the application of the law, doctrine and policy in the following five areas/modules:

a. Rules of Engagement

b. Use of Force

c. Detention

d. Operational Incident Management

e. Maritime Operations.

Academic Requirements

5.8 Assessment. Each module will conclude with an assessment where students will be

assessed either “Satisfactory” or “Not Yet Satisfactory”. Students must be deemed “Ready”

for all of the five modules in order to undertake the final two day assessment phase.

5.9 The final assessment phase will be conducted over a 16-18 hour period. The

assessment phase comprises of multiple written and oral components designed to replicate

tasks likely to be performed by a legal officer deployed on ADF operations. Students will be

required to pass each component in order to achieve an overall grading of ‘Ready’.

5.10 Failure. Any student deemed “Not Yet Satisfactory” on an assessment will be

managed in accordance with the JOLT LMP. In summary:

a. Module. Those deemed “Not Yet Satisfactory” for a module will be provided one

opportunity to complete a supplementary assessment for that module. Students will

not be permitted more than three resits in order to progress to the final assessment

phase.

b. Final Assessment Phase. Students deemed “Not Yet Satisfactory” for an

assessment will be provided one opportunity to complete a supplementary

assessment. Students will not be permitted more than three resits in order to pass the

course.

5.11 Students assessed as ‘Not Yet Satisfactory’ on the completion of JOLT will have their

status for the course recorded in PMKeyS as ‘Incomplete’, and their grade recorded as ‘Null’.

5.12 Qualification. On successful completion of JOLT, students will be considered

‘Ready to deploy’. There is no formal civilian qualification awarded for this course, however,

a proficiency will be recorded on PMKeys for successful completion of the course.

15

6 LEGAL TRAINING MODULE 3 (LTM3)—GRADUATE

DIPLOMA OR MASTERS OF MILITARY LAWS

Course structure

6.0 LTM3 is a post-graduate tertiary education program conducted by the ANU and UoA

consortium. As outlined in Chapter 1, there are two components to LTM3:

a. Core LTM3 subjects

b. Electives to obtain a Master of Military Laws.

6.1 Core LTM3 subjects. The following three core subjects are delivered as five day

intensive modules and are generally offered every second year:

a. Advanced Military Administrative Law

b. Advanced Military Discipline Law

c. Advanced Military Operations Law

6.2 Elective subjects. Permanent Legal Officers, without an existing Masters degree,

must also satisfactorily complete elective subjects approved by the LO CPDC.

Panelling criteria

6.3 All LTM3 courses. The DMLC is the panelling authority for all LTM subjects, and

panelling decisions will be undertaken in accordance with the requirements contained within

this document and the LOSOCS Policy.

6.4 LTM3 electives. LOs may choose which electives they wish to undertake, but

remain subject to approval by LO CPDC. Subject to supervisor approvals, LOs may complete

LTM3 electives throughout the same year as completing their core subjects.

a. Pre-approved electives. The list of LO CPDC pre-approved elective subjects will

be displayed and updated on the MLC website.

b. Non-pre-approved electives and cross-institutional study. A general application

must be made to the LO CPDC if a LO is interested in undertaking an elective

subject that is not included on the pre-approved list. Applications must outline the

nature of the non-approved elective subject, a justification for studying the elective

and advise the cost of completing the subject (including travel, accommodation and

enrolment). Students should ensure they have spoken and have approval from ANU

about whether the elective subject can and will be credited towards their Master of

Military Laws.

c. Reserve Legal Officers. RLOs, other than on CFTS, will not normally be funded

for LTM3 electives unless 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.

16

Academic requirements

6.5 Assessment. Students will be required to undertake the required assessments

determined by their respective lecturer and the university. Students are to discuss directly

with the lecturer/university any issues regarding requirements, format and extensions. MLC

will generally not get involved in liaising with the university regarding assessments, unless in

exceptional circumstances and service related.

6.6 Failure. Failure of LTM3 subjects will be handled in accordance with the LOSOCS

Policy.

6.7 Qualification. Upon satisfactory completion of the LTM3 core subjects and

approval by ANU, students will be awarded a Graduate Diploma of Military Law.

6.8 Students who satisfactorily complete the required elective subjects, together with the

LTM3 core subjects, will be awarded a Master of Military Law.

17

7 LEGAL TRAINING MODULE 4 (LTM4)—LEGAL PRACTICE

MANAGEMENT

7.0 Under the LOSOCS Policy, progression from LL4 to LL5 requires LOs to obtain a

management-related qualification covering practical management issues for senior managers

in a professional workplace.

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

courses. The approved management course should be undertaken in the LOs posted location

where possible. Funding may be approved for a LO to undertake a course outside their

posting location in limited circumstances and where financial budgeting allows.11

7.2 Enrolment on specific military courses such as the Australian Command and Staff

Course (ACSC) are subject to separate selection and approval processes. LOs who wish to

undertake these courses must consult with their respective Service Career Agencies.

7.3 Approved courses. A LO wishing to complete a management related course for the

purpose of fulfilling their LL5 training/education requirements, must seek approval from the

LO CPDC. The LO CPDC has pre-approved several different management courses. The

current pre-approved management courses are maintained on the LOSOCS Policy Decisions

website page within the ADF Legal Officer Career Management website.

7.4 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.

a. Application process. If a LO wishes to complete an alternative course, the LO must

make a general application to the LO CPDC for approval. In the application, the LO

must identify the desired course outlining the reasons for attending the course, the

course training focus, and an estimated cost in attending the course.

b. If approved by the LO CPDC, the LO is to seek approval and funding from MLC.

c. The LO can then formally enrol in the training institution, ensuring the invoice is

sent to the MLC at the following address:

Military Law Centre, Department of Defence

Attn: MLC Business Manager

Victoria Barracks Sydney, Building 113

Locked Bag 7005, Liverpool NSW 1871

Academic requirements

7.5 Assessment. This will be dependent on the course the LO undertakes.

7.6 Failure. Failures will be handled in accordance with the LOSOCS Policy.

7.7 Qualification. This will be dependent on the course the LO undertakes. LOs should

not expect to receive any civilian qualifications, unless specifically stated by the organisation.

11 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.

18

8 MLC ASSESSMENT MANAGEMENT AND RECORD KEEPING

POLICY

Assessment management

8.0 This policy only applies to MLC courses where there is an assessable component. It

does not apply to courses facilitated by external providers, such as ANU or UoA.

8.1 Grading terminology. Assessment of all MLC courses is graded in terms of

‘Satisfactory’ or ‘Not Yet Satisfactory’.

8.2 Student progress. The specific assessment regime for a course will vary from

course to course. Each student will be briefed at the outset of the course as to what the

assessment regime will be for that course. This may include each module being assessed

individually. Some courses may have a final or end-of-course assessment, which may assess

some or all of the material delivered during the course.

8.3 In order to achieve an overall result of Satisfactory for the course, students must pass

each module assessment. Members who do not successfully satisfy all components of the

course will be recorded in PMKeyS as ‘Not yet satisfactory’.

Training Progress Reports

8.4 Training Progress Reports (TPR’s) will be utilised throughout the course to highlight

to students the following deficiencies in academic performance:

a. ‘Not yet satisfactory’ on a primary module assessment (TPR Level 1). A TPR is

issued by the Module Manager recommending a remediation plan. On completion

the student will undertake a supplementary assessment (a re-test). The supplementary

assessment is to be completed at the first opportunity during the course.

b. ‘Not yet satisfactory’ on a supplementary module assessment (TPR Level 2). A

TPR is issued by DMLC recommending completion of a remediation plan, which is

then followed by a final module assessment. The final module assessment would

ordinarily occur outside the course, in agreement with DMLC, and no later than 28

days after the issuing of the TPR Level 2.

c. ‘Not yet satisfactory’ on a final module assessment (TPR Level 3). A TPR is

issued by DMLC removing the member from course, and referring to relevant Heads

of Category (HOC). A TPR Level 3 indicates a grade of ‘Not yet satisfactory’ for the

relevant course.

8.5 For some courses, such as Joint Operations Legal Training (JOLT) course, there is no

TPR Level 2. As such, Students will only receive two TPRs for a particular assessable

component before being removed from course.

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

file.

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Student input before TPR decisions

8.7 Prior to finalising a TPR, students may be provided an opportunity to comment on

the basis/allegations that form the basis of the TPR, and provide relevant mitigating facts (if

applicable).

Receipt of multiple TPR

8.8 Where a student has been issued two or three (depending on course) TPR (of any

level) regarding assessments, they are to be referred to the Board of Studies (BoS). The BoS

will consider whether the student remains on course.

8.9 TPR issued for module assessments are not carried over into the final assessment

phase.12

8.10 Students who have been issued two or three (depending on course) TPRs (of any

level) arising from the final assessment phase/day, will similarly be referred to the BoS for

consideration as to whether the student is allowed to complete the course.

8.11 If the BoS decides a student is allowed to continue on course, and they subsequently

receive further TPR, the BoS may again convene to consider the student suitability to remain

on course.

Board of Studies (BoS)

8.12 The BoS is the procedure used by MLC, predominantly during the conduct of a

course, to:

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

b. Remove from consideration assessment items that are in error, or otherwise should

not be used in evaluating trainees.

c. Review student results.

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

a. Convening the BoS.

b. Approving the BoS agenda.

c. Identifying the members of the BoS, including:

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

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

(3) Other members as required.

12 For example, Student X could fail two primary assessment during course, but these will not count against him

for the end-of-course assessment. As such, he is again able to fail up to two primary assessments before the BoS

will convene to consider removal from course.

20

d. Ensuring consistency of assessment.

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

f. Ensuring the welfare and wellbeing of all course participants.

8.14 The BoS may seek input from the course manager or other SMEs as necessary, in the

course of their deliberations. HOC may also be present during BoS deliberations in order to

assist in debrief/career counselling of members.

8.15 SME responsibilities. The BoS SME is responsible for:

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

b. Acting as understudy to DMLC.

8.16 BoS Secretary responsibilities. The secretary (usually the MLC TDO) is

responsible for recording and compiling relevant documentation as a result of the BoS

determinations (e.g. Records of Conversation etc).

8.17 MLC TDO/TCO responsibilities13 MLC TDO/TCO is responsible for being the

Chair, and the training and assessment SME to the BoS.

8.18 MLC training staff responsibilities. All training staff are responsible for:

a. Identifying and advising the relevant SME or module manager of any suspected

systemic error of instruction or assessment.

b. Identifying and advising the relevant SME or module manager of any trainees who

may have poor results due to extenuating circumstances.

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

8.19 Input from other parties. The BoS may engage with HOC and/or DGMLS (or their

representatives) as necessary to assist in informing the decision of a BoS.

8.20 BoS Procedure. DMLC will convene a BoS on an as required basis. Appropriate

documentation will be produced that may include:

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

result, etc)

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

c. Actions required as a consequence of the decisions.

8.21 Care must be taken to ensure:

a. Decisions and statements of reason are clearly articulated.

13 Where there is not a formally-qualified education officer posted to the MLC, DMLC may nominate another

officer to fulfil this role.

21

b. Outcomes are released in a timely manner.

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

d. Determinations are followed through.

8.22 Post BoS. As a consequence of a BoS, DMLC may need to raise additional

documentation (eg, a Minute to a trainee advising him/her of the outcome of the BoS).

Assessment appeal procedures

8.23 The intensity and tempo of MLC courses is such that any requests for reconsideration

of DMLC or BoS decisions, particularly removal from course/Not yet satisfactory decisions,

must be addressed quickly so that students who are successful in seeking review of the

decision are not unfairly disadvantaged and are able to successfully continue on course.

8.24 Accordingly, students seeking review of BoS decisions must:

a. Advise either DMLC or the course manager of their intention to seek review at the

earliest opportunity after being advised of the relevant decision.

b. Provide a written statement of reasons for DMLC (by hand or email to

MLC.admin@defence.gov.au) outlining the reasons for the requested review, and

attaching any supporting evidence, either within twelve hours or prior to

commencement of duty the day following the relevant decision, whichever is the

longer. This timeframe may only be extended at DMLC discretion.

8.25 Requests for review of decisions made outside these parameters will be managed

outside the relevant course framework. That is, students will be removed from course and the

request for review considered after the course has concluded.

8.26 Upon receipt of the submission, DMLC will consider the arguments raised, seek

advice as necessary and decide what, if any, follow-up activity might occur. This may include

an opportunity for further assessment.

Administration of assessment outcomes and outcome of course

8.27 Student results will be recorded on an MLC database (including marks per

assessment) and stored via Defence’s nominated Knowledge Management system (currently

Objective).

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

8.29 MLC will also complete post-course reporting of all members via PMKeyS, which

will state either a Satisfactory or Not yet satisfactory result.