- VMRR-1/4/4 -

WELCOME TO DEFENCE LEGALTHE DIRECTOR GENERAL, ADF LEGAL SERVICE

Welcome to the first revision of the Quality Policy and Procedures Manual for Defence Legal (DL).This manual is a further move toward producing a truly national reference tool that will detail theproducts and services that DL provides and will encompass the breadth of activities that membersof DL are likely to encounter. This edition aims to act both as a first point of reference for anyqueries a legal officer may have as well as being a further step toward achieving the AustralianStandard for legal practice.1 In addition, this is the first version of the SOPs that addresses thespecifics of the duties and conditions of service of the many Navy, Army and Air Force Reservemembers of DL. For this manual to be truly worthwhile it needs to be a living document which eachand every one of you contributes to as you progress your daily work.

DL is the national organisation that provides legal advice and other services to the AustralianDefence Force (ADF), the Department of Defence and the Australian Government. We draw uponthe professional talent and commitment of our people to build upon our tradition of excellence insupport of Defence operations, command, management and administration. Our permanent andReserve personnel are committed to the values and ethics of the Defence Department, the ADF andthe legal profession.

DL has a large contingent of Reserve force personnel who serve throughout Australia. A review ofthe roles, structures and remuneration of Reserve legal officers took place in 2001 resulting in thepublication of the report Review - Reserve Legal Officers: Roles Structure Remuneration. TheReview Report made certain recommendations and as a result an implementation group ofpermanent and reserve legal officers from all three Services was formed to prepare the Reservecomponent of this manual. The outcomes of this implementation group are encompassed in SectionThree which relates specifically to issues affecting our Reserve members. In addition to givingeffect to the review recommendations Section Three is written with the specific aim of ensuring thatthe principles of simplicity, equity, ADF needs, consistency, accountability and service to Australiaform the basis of service by Reserve Legal Officers.

DL is currently staffed by a 230-person team of permanent ADF legal officers, civilian lawyers,paralegal and administrative support personnel. Approximately 140 of these personnel are locatedat ADF commands, bases and units around Australia. Other ADF legal officers serve Australia ondeployment and exchange postings overseas. Over 320 legal officers of the Reserve components ofthe Navy, Army and Air Force throughout Australia complement the work of the permanent ADFlegal officers. Many of these Reserve members are eminent lawyers in their civilian careers andbring a wealth of knowledge and experience to their DL duties.

It is my responsibility to ensure that we provide the best legal advice and service to the ADF, theDepartment of Defence and the Australian Government. I am assisted in this responsibility by theNational Leadership Group and by each and every one of you.

1 Standards Australia ISO 9001:2000

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By issuing this manual my aim is to provide members of DL with an understanding of theorganisation and structure of DL, the operation of our management system and, in particular, withthe policies and procedures we implement. These should be relevant whether operating in DLCanberra, in one of the regional offices or as a DL Reservist. It is my aim to expand Section Two toaddress the operation of all DL offices. Most importantly, I hope that this manual will help makeyour transition into the organisation seamless by providing a first point of reference when you arenot sure where to seek further guidance. Any direction contained herein, which is inconsistent withhigher instructions, is of no effect to the extent it is so inconsistent.

S.J. HARVEYAir Commodore Director General, Australian Defence Force Legal Service

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TABLE OF CONTENTS

SECTION 1 GENERAL INFORMATION

This section contains information which relates to all DL personnel.

1.1 VISION1.2 MISSION1.3 QUALITY AND THE CLIENT

Objectives .1Policy .2Acceptable Standards of Service .3Use of External Suppliers .4

1.4 HISTORY OF DL1.5 NATIONAL LEADERSHIP

Primary Organisational Principle .1National Leadership .2Our Services .3Head of Corps/Category .4Role of HOC .5

Head of the Military Bar (HMB) .6National Practice Manager (NPM) .7

Legal Reserve Manager (LRM) .8Legal Element Group (LEG) Managers .9Retired Senior Officers Advisory Body .10

Regional Leadership .11

1.6 ORGANISATIONAL STRUCTURE: LEGAL ELEMENT GROUPS

Command Support Legal Element Group .1Office of the General Counsel (OGC) .2 International Law and Agreements LEG .3Military Justice and Administrative Law LEG .4Legislation and Advising LEG .5Litigation LEG .6Information Access LEG .7

1.7 ORGANISATIONAL STRUCTURE: OUTSTATIONS

Headquarters and Field Offices .1Military Law Centre .2Asia Pacific Centre for Military Law .3

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1.8 COMMUNICATION – KEEPING PEOPLE INFORMED

Weekly LEG Meetings .1DG Grams .2Hot Issues Briefing Sessions .3Working Parties .4Newsletter – ‘The Buzz’ .5

1.9 RESOURCE MANAGEMENT

Provision of Resources .1Human Resources .2Infrastructure .3Work Environment .4

1.10 COMPLAINTS PROCEDURE

Physical Complaints .1Personal Complaints .2Other Matters .3

1.11 CHAIN OF COMMAND AND OFFICE COURTESIES 1.12 AWARDS1.13 GLOSSARY

SECTION 2 OFFICE SPECIFIC INFORMATION

This section contains information relating to the operation and management systems ofparticular DL offices. At this stage (22 August 2003 draft) it contains national headquartersspecific information only.

2.1 POST IN ROUTINE2.2 COMPUTER SERVICES2.3 TELEPHONE SERVICES 2.4 WORKING HOURS2.5 DOCUMENT MANAGEMENT

DCARR Correspondence Procedures .1Inward Correspondence Protocols .2Outward Correspondence Protocols .3Ministerial Correspondence .4

2.6 SECURITY

Security – General .1Security – Classifications .2 Security – Passes and Visitors .3 Security – Electronic .4Security – Australian Government Access Only .5Fraud Control .6

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2.7 MEDIA2.8 GENERAL OFFICE ADMINISTRATION

Photocopying .1Stationery .2Classified Waste .3Facsimile .4Speakeasy .5OSCAR .6Courier Deliveries .7Business Cards .8Budget Management .9Office Furniture .10

2.9 TRANSPORT SERVICES

Shuttle .1Car .2ACTION Bus Service .3

2.10 MESSING

Recreation Space .1Cafes and Messes .2

2.11 LEGAL AID2.12 TRAVEL AND TRAINING

General .1Transport and Accommodation .2Military Establishments .3Overseas Travel .4

U.S. Travel .5 External Training .6

Military Law Centre .7

2.13 PARKING

General Parking .1Branch and Executive Vehicle Parking .2Bicycle Parking .3

2.14 REFERENCE MATERIALS

TDLS Website .1Library .2

2.15 EQUITY AND DIVERSITY2.16 INCIDENT/ACCIDENT REPORTING2.17 ABSENCES2.18 CONFERENCE ROOMS2.19 GYMNASIUM

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2.20 CHANGE ROOMS AND SHOWER FACILITIES

2.21 MILITARY PERSONNEL

Administration .1Chaplaincy Services .2Commanding Officer .3ADFPC-C .4Role of HOCs .5Work Hours .6Medical and Dental Services .7Military Training .8Conditions of Service .9Clothing Store .10

SECTION 3 RESERVE PERSONNEL

This section contains information which relates to all DL Reserve personnel.

3.1 ROLES OF RLOs

Aim .1Background .2Roles .3

3.2 RLO STRUCTURE

Aim .1Tri-Service National Organisation .2Services .3Office of the General Counsel .4Technical Legal Control .5LEG Managers Functions and Responsibilities .6National Practice Manager .7Tasking of Legal Work .8LRM .9Regional Leadership .10Head of the Military Bar .11Retired Senior Officer’s Advisory Board .12

3.3 RLO STRENGTH DETERMINATION

Aim .1RLO Manning .2Role of RLO Manning and Services .3

3.4 NATIONAL SPECIALIST LISTS

Aim .1Specialist Lists .2

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3.5 REGIONAL PANELS

Aim .1Senior Leadership Groups .2TDLS Regions .3Operation of RSLG .4Role of RSLG .5Role of RSSR .6

3.6 REQUIREMENTS OF EACH OF NAVY/ARMY/RAAF3.7 TRAINING

Aim .1Legal Training .2Non-Legal Training .3Management of RLO Training .4Implementation .13

3.8 RECRUITMENT

Aim .1Internet and Other Information Services .2Role of RSLG in Recruitment and Career Planning .4Pre-Recruitment Procedures .7Administration of Recruiting .14

3.9 COMMUNICATION

Aim .1Regional Contacts .3National Contacts .7LEG Managers .9Contacts Directories .10TDLS Newsletter .14Defence Managers Toolbox .15TDLS Database .16

3.10 REMUNERATION AND ALLOWANCES

Eligibility for TDLS Duties .1Allocation of TDLS Duties .2Recommendation for TDLS Duties .3Training Day Payment Requirements .4Sessional Duties–Guidance for Authorising Officers .5Sessional Fee Duties – Restrictions .6Sessional Fee Duties – Publication .7

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SECTION 4 MILITARY BAR

This section will contain material relevant to members of the military bar.

SECTION 5 CIVILIAN PERSONNEL

This section contains information which relates to all DL Civilian personnel.

5.1 CONDITIONS OF SERVICE 5.2 CIVILIAN PERFORMANCE FRAMEWORK SCHEME5.3 GENERAL

SECTION 6 AMENDMENT

This section contains information regarding the amendment of DL SOPs.

ANNEXES

A. Templates: Minute, Letterhead, Fax Cover SheetB. Fire Warden LocationsC. Reserve Table 1 (see 3.1.4) D. Service Requirements (see 3.6.2)E. Determination (see 3.7.2)F. Form R1G. Form R2H. Reserve Attendance Diary – Form AB157I. CSIG Equity and Diversity Policy

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SECTION ONE

GENERAL INFORMATION

1.1 VISION

1.1.1 Our vision is to act as a good legal steward for Defence and in keeping with that ambition,pursue our vision of “Professional Excellence in Legal Capability”.

1.2 MISSION

1.2.1 Our primary mission is to contribute effectively to the success of the Australian DefenceOrganisation by providing legal services.

1.2.2 DL currently supports the Defence mission by providing specialist legal advice and otherlegal services to the command and management of the Australian Defence Organisation (ADO). Inturn, this contributes to the effectiveness of operations, the maintenance of military order anddiscipline, the improvement of policy decision-making and administrative processes within theDefence organisation. As an in house corporate legal service, DL provides specialist advice in thefollowing areas:

• corporate governance and machinery of government issues;• operations law (including law of armed conflict);• international agreements and arrangements;• administrative law;• military justice;• legislation; • litigation;• freedom of information; and• access to classified historical records.

1.2.3 DL has responsibility for the provision of legal advice and other legal services tocommanders including, where appropriate, the provision of legal officers to the staff of commands,formations, units and detachments. DL is also responsible for the provision of legal aid assistance toindividual members in accordance with current Defence Instructions.

1.3 QUALITY AND THE CLIENT

1.3.1 Objectives – TBA

1.3.2 Policy – TBA

1.3.3 Acceptable Standards of Service – TBA

1.3.4 Use of External Suppliers – TBA

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1.4 HISTORY OF DEFENCE LEGAL 1.4.1 Since the early 1990s there had been increasing pressure for the integration of Defence'sfour autonomous legal organisations. Those organisations were the Assistant Secretary Legislation(ASLEG), the Directorate of Army Legal Service (DALS), the Directorate of Airforce LegalService (DAFLS) and the Directorate of Navy Legal Service (DNLS). In 1993 Brigadier J.HRobbins carried out a comprehensive review of "the Defence Legal Services" (The Robbins Report)to consider options for rationalisation. The Robbins Report concluded that Defence required aneffective in-house legal service and appropriately coordinated external legal support.

1.4.2 The Defence Legal Office (DLO) was established in August 1997 after senior Defencemanagement agreed to fully integrate the legal services of Navy, Army and Air Force and ASLEG.DL is a national organisation that provides legal advice and other services to the ADF, theDepartment of Defence and the Australian Government.

1.5 NATIONAL LEADERSHIP

1.5.1 Primary Organisational Principle – DL is a national, integrated organisation of ADF andAPS personnel. The leadership structure must represent this both at the national and regional levels.It must also recognise both the desirability of delivering legal services on a tri-service basis and theindividual cultures and ethos of each of the Services and the Australian Public Service (APS).

1.5.2 National Leadership – The National Leadership structure of DL reflects the primaryorganisational principle of an integrated, national organisation of ADF and APS personnel. TheNational Leadership of DL is performed by:

• The Director-General, Australian Defence Force Legal Service (DGADFLS); • Deputy Director-General (Reserves);• The General Counsel (GC);• The Navy, Army and Air Force Heads of Corps (HOCs);• Legal Element Group (LEG) Managers;• The Head of Military Bar;• National Practice Manager, and; • Reserve Senior Leadership Panel

1.5.3 Our Services – DL personnel are located in the Canberra headquarters, field offices, basesand units around Australia. The Canberra Central Office consists of the Office of the DirectorGeneral, the Office of the General Counsel and five Legal Element Groups (LEGs). Servicesoffered by DL are outlined at 1.6 below.

1.5.4 Head of Corps/Category – The Head of the Army Legal Corps and the Head of Categoryfor the Navy and Air Force are responsible to their own Service Chief for the professionalmanagement of the members of their respective Service. They have a role as adviser to their ServiceChiefs and as adviser to DGADFLS on single Service issues. PLO (Permanent Legal Officer)career management functions will be coordinated through the office of the NPM. Similarly, RLO(Reserve Legal Officer) career management functions will be coordinated through the office of theLegal Reserve Manager (LRM).

1.5.5 Role of HOCs – The HOCs (Navy, Army, Air Force) are the component leaders for thesingle service elements of DL. They are the direct single service advisers to the DGADFLS andService Headquarters. On behalf of DGADFLS they manage the members of their component. At

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all times members have access to their HOCs on single service personnel matters. The requirementsfor performance appraisal reporting are detailed as follows:

RAAF DI (G) Pers 10-5 – Filed as DI(Air Force) 4-21

ARMY DI (G) Pers 10-5 – Filed as DI(Army) 116-14

NAVY DI (G) Pers 10-5 – Filed as DI(Navy) 60-3

1.5.6 Head of The Military Bar (HMB) – The Military Bar is the collegial professional groupingof all ADF legal officers and TDLS Departmental legal officers. It is led by the HMB, who isdirectly responsible to DGADFLS for the promotion of professional standards and ethics and in thefacilitation of the relationship between the Military Bar with external professional bodies. Inconjunction with CPDC, the MLC and HOCs and the NPM; HMB is responsible for theadvancement of professional development of DL personnel in all relevant areas of legaldevelopment in the military context. In time there will be more information regarding the MilitaryBar at Section Four.

1.5.7 National Practice Manager (NPM) – The role of the NPM is to act as DGADFLS’ Chiefof Staff with responsibilities for the provision of strategic planning, budgetary and financialcontrols, IT development, corporate relations and reputation management, together with careercoordination functions of all permanent civilian and military personnel.

1.5.8 Legal Reserve Manager (LRM) – The LRM is responsible for the administration andcoordination of training, professional development and career management of all DL reservepersonnel. RLOs will be invited to nominate to specialist lists from which LEG Managers mayaccess their services. It is envisaged that Reserve personnel will work with the LEGs of theirpreference in line with their professional competence.

1.5.9 Legal Element Group (LEG) Managers – The national leadership of DL is based on afunctional structure comprised of LEGs. The manager of each LEG has responsibility for providingleadership and direction to Group personnel. Managers are responsible for the policy andprofessional standards of their specialised legal function and business, including resourcemanagement. Managers should also ensure each LEG is accessing the appropriate professional legalskills from within DL (and external resources) to meet their functional responsibilities.

1.5.10 Retired Senior Officers Advisory Body – A selected group of distinguished retiredofficers may be invited by the DGADFLS to provide honorary duties on an ‘as required’ basis. Theleader of the Body is a senior retired Reservist.

1.5.11 Regional Leadership – The DL regions are; ACT, North QLD, Northern WA and NT,NSW Metropolitan, NSW Country North, NSW Country South, SA, South QLD, Southern WA,TAS, and VIC. In each region there will be one Regional Leadership Group (RLG), which willcomprise the three single Service senior reserve representatives and the most senior PLO in thatregion, as confirmed by DGADFLS. The RLG will have responsibility to attend to the professionalleadership and stewardship of DL personnel posted in that region. The Group will have a mentoringrole concerning the provision of counsel and advice on professional standards and ethical issues.The Group will be accountable to DGADFLS and the HOCs for the provision of recruiting,training, dissemination of information and the hosting of joint service social functions for example.Membership of the RLG will be through specific appointment by DGADFLS. All appointees willbe accountable to DGADFLS concerning the performance of duties. The primary responsibility ofRLG members includes acting as a professional mentor to all DL personnel posted within their

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region, including Reserve and Paralegal staff. Members are expected to provide DL officers withgeneral stewardship, a point of contact, and technical advice on the performance of duties. The roleof RLG members should not impinge on command issues.

1.6 ORGANISATIONAL STRUCTURE: LEGAL ELEMENT GROUPS (LEGs)

1.6.1 Command Support LEG: The Command Support LEG comprises all officers supportingcommand in headquarters and bases or in operational forces: the Office of the DGADFLS(including the HMB, NPM, Special Advisers, the Law Office Manager (LOM), Finance Managerand other support staff); training responsibilities (including the Military Law Centre, Asia PacificLaw Centre, and Reserve management (including the LRM).

1.6.2 Office of the General Counsel (OGC) – The Office of the General Counsel is responsiblefor providing high level legal advice on a broad range of issues within Defence, including theprovision of legal advice on complex and sensitive matters to Ministers and senior managementwithin Defence. Advice issued by the OGC is definitive and binding across the ADO. The GeneralCounsel (GC) is the most senior civilian in DL. The GC is a SES Band 1 position, assisted by acivilian EL2 as Deputy General Counsel (DGC). The GC is also the Legal Panel Manager for DL.DGC retains professional responsibility for oversight of all civilian DL staff, assisted by the NPMas DL careers manager. The OGC also includes the Directorate of Legislation (DLEG) which isresponsible for managing, coordinating and implementing the legislation program (both primaryand subordinate) for Defence.

1.6.3 International Law and Agreements LEG – The International Law and Agreements LEGconsists of the Directorate of Operations and International Law (DOIL) and the Directorate ofAgreements (DAGTS). The LEG is managed by a service level 06 officer who is assisted by acivilian EL1 as deputy manager. a. The responsibility of DOIL is to provide advice, especially at the strategic level, on legalmatters affecting Defence strategic policy and plans, operations, exercises and training, includingthe impact of international law, and the law of armed conflict. Contact: (02) 6266 8957.

b. DAGTS has overarching responsibility for advising on, drafting and coordinating allcooperative and operational international agreements and arrangements sponsored by the ADO(other than commercial contracts). Contact: (02) 6266 8976.

1.6.4 Military Justice and Administrative Law LEG – This LEG comprises the Directorate ofMilitary Justice (DMJ) and the Directorate of Administrative Law (DAL). The Military Justice andAdministrative Law LEG is managed by a service level 06 officer who is assisted by a service level05 officer as deputy manager.

a. The Directorate of Military Justice (DMJ) is responsible for providing the policy and higherlevel implementation of the Defence Force Discipline Act 1982 (DFDA). The Directorate’sresponsibilities include providing day to day advice on military justice operations and policydevelopments to the Chief of Defence Force and the Service Chiefs. Contact: (02) 6266 8937.

b. The Directorate of Administrative Law (DAL) provides advice and support to the Minister,CDF and ADF elements, including advice on inquiries and other aspects of administrative law, suchas matters relating to the command and administration of Service personnel. Contact: (02) 62668941.

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1.6.5 Legislation and Advising LEG – The Directorate of Legislation and Advising (DLA) isresponsible for managing, coordinating and implementing the legislation program (both primaryand subordinate) for Defence and providing legal advice to all areas of the ADF and the Departmenton aspects of the law not dealt with by one of the specialised Directorates. Contact: (02) 62668906.

1.6.6 Litigation LEG – The Directorate of Litigation (DLIT) is responsible for managing, onbehalf of Defence the conduct of litigation in courts and tribunals, including advice on monetaryclaims against the Commonwealth and the provision of information sought, including by subpoena,in relation to claims and other actions whether against the Commonwealth or another party. DLIT isresponsible through its Claims Management Office for processing all non-commercial claims for oragainst the Commonwealth. Contact: (02) 6266 8918.

1.6.7 Information Access LEG – The Information Access LEG consists of the Directorate ofFreedom of Information and the Directorate of Classified Historical Records Review.

a. The Directorate of Freedom of Information (DFOI) is responsible for the policy andimplementation of the Freedom of Information Act within Defence. DFOI coordinates action onrequests for information, including managing internal reviews and responses to FOI relatedcomplaints. Contact: (02) 6266 8860.

b. The Directorate of Classified Archival Records Review (DCARR) is responsible for thepolicy and administration of access to classified Defence material under the Archives Act (1983).DCARR consults other agencies and advises on whether classified material should be exempt fromdisclosure. Contact: (02) 6266 4327 or 6266 4711.

1.7 ORGANISATIONAL STRUCTURE: OUTSTATIONS

1.7.1 Headquarters And Field Offices – DL offers expert legal advice and support throughoutAustralia as a national entity offering legal services wherever the ADO is located. Regionallybased DL staff provide legal services at the strategic, operational and tactical levels of commandincluding advice on discipline, administrative law, operational law, litigation and legal aid. Someuseful legal contact numbers:

HQ Australian Theatre (02) 9359 5892Maritime Command (02) 9359 4508Land Headquarters (02) 9339 3338HQ Air Command (02) 4737 7070Deployable Joint Force HQ (07) 3332 7159HQ NORCOM (08) 8935 8497Navy Systems Command (02) 6266 3761HQ Training Command (Army) (02) 9339 2490 HQ Training Command (Air Force) (03) 9256 3997Navy HQ (02) 6265 6959Joint Logistics Command (03) 9282 4051ADF Prosecutions Office (02) 9359 2371Australian Defence Force Academy (02) 6268 8515Burchett Implementation Team (07) 3233 4312Defence Legislation Review Project (02) 6267 9003

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1.7.2 Military Law Centre – The Military Law Centre (MLC) has responsibility for theformulation and delivery of legal education, training to ADF Legal Officers, the wider ADF and theAsia Pacific Region. Contact: (02) 9349 0642.

1.7.3 Asia Pacific Centre for Military Law – The Asia Pacific Centre for Military Law(APCML) was established in 2001 in collaboration with the Faculty of Law at the University ofMelbourne. The Charter of the APCML is to facilitate cooperation amongst military forces of theAsia Pacific Region in the research, training and implementation of the laws governing militaryoperations. Contact: (02) 9349 0337.

1.8 COMMUNICATION – KEEPING PEOPLE INFORMED

1.8.1 Weekly LEG Meetings – LEG meetings are a weekly senior management meeting usuallyheld on Wednesday afternoon. Outcomes of these meetings will be disseminated by LEG Managersas required.

1.8.2 DG Grams – The Director General will send DG Grams via email to deal with matters thatrequire broad distribution as the need arises.

1.8.3 Hot Issues Briefing Sessions – Issues of a high priority that require the immediate attentionof a number of staff will be broadcast during Hot Issues Briefing Sessions. These will be directed tothe appropriate staff members as required.

1.8.4 Working Parties – Working parties will be established for specific non-core duties at thediscretion of the Director General as required.

1.8.5 The Buzz – The DL newsletter is produced monthly by the Office of the National PracticeManager. The publication is an important method of internal communication within DL.

1.8.6 The publication is distributed electronically to all permanent and reservist, civilian andservice DL personnel.

1.8.7 The publication is to be used as a means of communicating the following:

a. Editorial Comment by publisher

b. Promotions, Posting and Retirements

c. Personal Milestones

d. News and Information

e. Update from the Office of the DGADFLS

f. Update from the Office of the General Counsel

g. Update from LRM

h. Updates from each of the LEGs

i. International Law & Agreements LEG

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A. Operations & International Law

B. Agreements

ii. Military Law LEG

A. Discipline Law

B. Military Administrative Law

iii. Litigation, Claims, Insurance & ADR LEG

iv. Information Access LEG

v. Update from Command LEG

i. Update from HMB

j. Update from the Office of the JAA

k. Update from the Office of the DMP

l. National Practice Notes

m. Training, Seminars and Conferences

n. Legislative Changes

o. IT Links and resources

p. Service opportunities

q. Projects & Working Parties

r. Personnel Policy Developments and Changes

s. Questions & Answers

1.8.8 DGTDLS, HOC (in relation to Service matters), LRM, LEG managers, JAA, DMP, HMBand NPM are to ensure that material relevant to their areas of responsibility is submitted forpublication 3 working days prior to the publication date of DL newsletter.

1.8.9 RSSRs and regional PLOs are to ensure that material is submitted for publication 3 workingdays prior to the publication date of DL newsletter. Regional material is to cover matters of generalpersonal and professional interest.

1.8.10 All Legal Officers are to disseminate information relating to training, seminars andconferences through DL newsletter, at the earliest opportunity.

1.8.11 The Director MLC is to ensure that a list of training and PD courses to be conducted orsponsored through MLC is published in each edition of DL newsletter, accompanied by relevantdetails and other information access details.

1.8.12 All PLOs are to notify requirements for backfilling/relief manning at least two months inadvance, and RLOs may signify their availability for such roles through DL newsletter.

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1.9 RESOURCE MANAGEMENT

1.9.1 Provision of Resources TBA

1.9.2 Human Resources TBA

1.9.3 Infrastructure TBA

1.9.4 Work Environment TBA

1.10 COMPLAINTS PROCEDURES

1.10.1 Physical Complaints. Complaints regarding physical and OH&S issues such as problemswith office furniture, general hazards and the like should be directed to the LOM (Mrs KirrilyHolz).

1.10.2 Personal Complaints. Complaints regarding personal matters and conditions of serviceshould, in the first instance, be directed to the Deputy National Practice Manager (Mr Nick Peris).In the event that this is inappropriate or you believe that insufficient action has been taken then theADF and the Department of Defence structures for processing complaints, as detailed at the websiteof the Complaint Resolution Agency (CRA), should be considered. These centre on the ‘Review ofAction Entitlement’ for civilian members and the ‘Redress of Grievance’ procedure for servicepersonnel.

1.10.3 Other Matters. Complaints regarding other matters such as proposed amendments to policyand procedures should be addressed to the Assistant National Practice Manager (Mr Nathan Dean).

1.11 CHAIN OF COMMAND AND OFFICE COURTESIES

1.11.1 In the absence of the DGADFLS, unless otherwise advised in writing, management andcontrol of DL is delegated to the HOCs in order of military seniority and to the next senior militarymember in their absence. The military chain of command will comprise the incumbent DGADFLSsupported by the HOCs.

1.11.2 The tasking of legal work will generally be in accordance with the chain of command of theunit generating the need for the work, subject to availability, and the need for specialist services.There will also be Legal Officers who are not posted to units who are regional consultants. Legalservices will be delivered to units, in the first instance, by legal officers posted to those units.Sessional work for RLOs is subject to the Financial Management and Accountability Act (1997),which requires that Commonwealth resources be used in an efficient, effective and ethical manner.

1.11.3 Legal Officers posted to a unit are required to follow the same legal technical chain ofcommand as the units to which they are posted. There may be different chains of command fordifferent issues, for example: operations, general advice or military law. Technical command coversthe provision of legal services. Members of the legal service are posted to ADF wings, formations,units, ships and establishments in accordance with normal ADF practice.

1.12 AWARDS

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1.12.1 All staff should consider nominating those in their Directorate who are worthy ofrecognition for awards in accordance with the instructions contained in DI (G) PERS 31-5. Closingdates for nominations are 1 June for Australia Day awards and 1 December for Queen’s BirthdayAwards. In addition to these departmental awards, a number of awards are made within DLannually. These awards are: JAG Award for Professional Excellence as a Team; the BRIG RolfeAward for Professional Excellence as an Individual; the Para-Legal Award; Australian DayMedallion. These awards are usually presented on an appropriate occasion towards the end of thecalendar year.

1.13 GLOSSARY

1.13.1 In this manual the following definitions are used:

“Annual Sessional Fees Report” see 3.10;

“Authorising Officer” means a PLO;

“DGADFLS” means the Director General of the Australian Defence Force Legal Service;

“Finance Section” means the DL Finance Section;

“Future Needs Determination” see 3.3;

“GC” means General Counsel;

“HMB” means Head of the Military Bar;

“HOC” means the Head of Category/Head of Corps for each Service;

“LEG” means a legal element group within DL;

“LRM” means the Deputy Director General (Reserves) DL (DDG (Res)), or if that position isvacant, the NPM;

“MLC” means Military Law Centre;

“NPM” means the National Practice Manager;

“PLO” means permanent legal officer;

“RLO” means reserve legal officer;

“DL” means Defence Legal;

“Region” see 3.5;

“Reserve Review” means the Final Report titled “Review - Reserve Legal Officers: Roles StructureRemuneration”;

“Review Data” see 3.3;

“RLO Manning and Service Requirements Committee” see 3.3;

“RLO Manning Review” see 3.3;

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“RSLG” (Regional Senior Leadership Group) means the group in each Region comprising eachRSSR and the most senior PLO in that Region;

“RSSR” (Regional Single Service Representative) means a senior RLO for each Service in eachRegion appointed by their HOC to be the RSSR;

“Sessional Fee Determination” see 3.10;

“Sessional Fee Duty” see 3.10;

“Specialist Areas” see 3.4;

“Specialist Lists” see 3.4;

“Statement of Experience”;

“DL Duty” means duty to be paid from funding allocated to DL;

“DL Member” means each member of DL including PLOs, RLOs and civilian members of DL;

“TRGCOORD” means reserve training coordinator see 3.7;

“Tri-Service Panel” means the panel comprising RLOs from each Service within each Region.

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SECTION TWO

OFFICE SPECIFIC INFORMATION – DL CANBERRA

2.1 POST-IN ROUTINE

2.1.1 The following checklist may assist you in completing your initial post-in:

2.1.2 Pass Issue – the Pass Issue Office is located at Campbell Park in D-Node D. You will needto have your pass initiated if you do not already have access to the Russell Office buildings. Theoffice can be contacted on (02) 6266 2264. To enter the Defence Levels of the RG Casey building(Level 2 and 3) you will require a current Defence Pass.

2.1.3 DFAT Passes. DFAT passes will be issued to all Defence personnel with different levels ofaccess reflective of the security level of clearance you have. If you are unsure of your clearanceplease contact Kirrily Holz, Law Office Manager.

2.1.4 Access to RG Casey. The RG Casey Building is open to the general public 0700 to 1900.After 1900 and weekends, you can only enter the Building with a DFAT Pass. Staff working lateduring weekdays can only exit the building by the main entrance facing John McEwen Crescent. Ifyou encounter any difficulties, you are instructed to go to the Security Office located inside themain entrance of the Building.

2.1.5 Computer Access – The first point of contact for computer access is the Legal OfficeManager (LOM - (02) 6265 1772 R8-1-008). An ‘Add a New User’ form for the restricted andsecret networks needs to be submitted to Ms Kirrily Holz, the Unit Security Officer for DL (theseforms can be found on the DEFWEB at: http://defweb2.cbr.defence.gov.au/dis-ar/ underFormsUserAccess. Complete induction information concerning logons, passwords, the Intranet andthe Internet can also be found at the above webpage under Inductions. Once your account is readyfor use you will receive a call to proceed to R2 to collect it. All requests for new or amended accessto the Defence Computer Network are to be coordinated by the LOM to ensure personnel have anappropriate security clearance.

2.1.6 Military specific post-in details are addressed in section 2.21.

2.2 COMPUTER SERVICES

2.2.1 The G\-drive is the office working file and within it are each Directorate’s folders.

2.2.2 A large number of helpful resources are available through the DEFWEB, which is located athttp://defweb.cbr.defence.gov.au/home, including the functional directory and access to informationabout every Program within Defence. It also contains information on defence documents andcomputer services. New staff members should seek guidance on navigating the DEFWEB, since itis a useful information-gathering tool that enables members to gain a greater understanding of themany functions within Defence.

2.2.3 Information previously found in the Defence Manager’s Toolbox can be accessed throughthe DEFWEB function by selecting the Information Resource “Defence Documents”.

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2.2.4 Computer faults and problems should be reported to the DIS-AR helpdesk on (0) 133 272.

2.3 TELEPHONE SERVICE

2.3.1 The Telephone Helpdesk can be contacted on (02) 6265 6666. The Canberra DefenceSwitchboard is on extension 9. There is an up-to-date DL telephone list at G:/Dgtlds/Address List.Any amendments to the contact details for any legal officer(s) should be provided to the LOM.

2.3.2 Telephones within Directorates are inter-connected and every effort should be made toanswer the telephones of others if they are away from their desks. This ensures that any urgent,operational or other requirement is addressed expeditiously.

2.3.3 The telephones are fitted with a voicemail function which can be accessed by dialling (02)6266 9980. Further information regarding the function of the service can be obtained from theTelephone Helpdesk.

2.3.4 A complete and up-to-date telephone list can be accessed by contacting the LOM.

2.4 WORKING HOURS

2.4.1 Core working hours are between 0830 and 1700. These are addressed in more detail insections 2.21 and 5.1 for military and civilian personnel respectively.

2.5 DOCUMENT MANAGEMENT

2.5.1 DCARR Correspondence Protocols - Due to its location and specialised functions andprocesses, DCARR maintains its own protocols and is supported by Shopfront and other services atCampbell Park. 2.5.2 Inward Correspondence Protocols

a. The Shopfront staff, the EA to the DGADFLS or to the GC will deliver mail andcorrespondence to each Directorate.

b. Any mail marked “personal” will not be opened by the Shopfront and will be deliveredunopened. All other mail will be opened by the Shopfront (unless individual arrangements aremade) and registered into the “OSCAR” Inwards Correspondence Register with a DL action coversheet attached.

c. Each Director allocates work to the particular officers within the Directorate. That officer isprovided with the document and a DL action cover sheet. The paralegal will be required todocument the allocation of this task to the officer and record when this task is completed. This willprovide DGADFLS access to the status of all tasks. Individual Directorate staff must advise theirParalegal of tasks they receive or undertake to complete and to ensure these are recorded.

d. Classified documents will be received by the Shopfront and registered into the ClassifiedDocument Register (CDR) or will be forwarded directly to the EA DGADFLS.

e. All accounts/bills/invoices received by the Shopfront or individual officers should bemarked for the attention of the DL Finance Manager (RGC-3-157 on 02 6266 8929).

f. The DL mailing address is as follows:

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Department of Defence Defence Legal RGC-X-XXX BartonCANBERRA ACT 2600

2.5.3 Outward Correspondence Protocols

a. Outgoing correspondence from each Directorate should have a DL number. This is obtainedfrom the OSCAR (Outwards Correspondence Register) after filling in the relevant details.Examples of outward correspondence proforma are at the Annexes and can be found atG:/Dgtdls/templates/ (fax/minute/letter).

b. Officers who have completed correspondence may dispatch it directly to the Shopfront orplace it in their directorate’s (Out) tray. In cases where it is a response to incoming correspondence,it is to be accompanied by a DL action cover sheet. The Shopfront dispatches all classifications ofcorrespondence.

c. Full details of all addressees are to accompany any outgoing correspondence, either on thecorrespondence itself or on an attached note. Urgent deliveries should be taken direct to theShopfront. Overnight deliveries should be taken to the Shopfront by 1415. Courier deliveries needto arrive at the mailroom no later than 1500 and overnight mail by 1600.

d. Officers should make a copy of the outgoing correspondence and put it on the file.

2.5.4 Ministerial Correspondence. Ministerial correspondence is controlled by the LOM. All‘Ministerials’ are to be prepared in accordance with the Ministerial Drafters Guide. A copy of thisguide can be found at: http://defweb.cbr.defence.gov.au/di/dmpls/default.htm

2.6 SECURITY 2.6.1 Security - General

a. Each Director is to enforce security measures in accordance with SECMAN 4. Thefollowing broad points are promulgated for your guidance. The Unit Security Officer is KirrilyHolz (Law Office Manager).

b. Security is the responsibility of every member of DL. At the close of business each day,individuals are to ensure that their respective work stations are secure, with all documents and filessecurely stowed before departing. Individuals are responsible for ensuring that they log out of theircomputers and that all classified materials and files are locked in Class C cabinets and other storageunits provided for such material. The last officer to leave each directorate is to check their workarea and printers to ensure there are no security breaches. This includes checking the work stationsof absent officers. Some directorates operate a close of business security checking roster.

c. Individuals, who are away from their work stations for up to an hour, are responsible forensuring that their computers are locked (Ctrl+Alt+Delete). For absences greater than one hour, thecomputer should be shut down. All classified documents and files must be locked away in Class Cfile cabinets.

d. When away from their work stations, individual officers should inform their supervisor oranother member of their Directorate of their whereabouts and (if possible) leave a forwardingcontact telephone number.

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e. Individuals are responsible for the safekeeping of their Class C cabinet keys and ensuringthe LOM has access at all times. When absent from the office for an extended period of time, sparekeys are to be left with the LOM.

f. All staff are to be fully conversant with their responsibilities in accordance with the DefenceProtective Security Manual (SECMAN 4). This can be located at:http://defweb.cbr.defence.gov.au/home/documents/departmental/manuals/secman4.htm

g. All staff are reminded that, except where secure facilities have been installed (see paragraph12.5) telephones, facsimile machines and photocopiers are only cleared to transmit material of anUNCLASSIFIED nature.

2.6.2 Security – Classifications

a. Much of the work performed in DL involves access to classified information. Officialmatters affecting national security are given one of four national security classifications:

(1) TOP SECRET – When unauthorised disclosure could cause exceptionally grave damage tonational security.

(2) SECRET – When unauthorised disclosure could be expected to cause serious damage tonational security.

(3) CONFIDENTIAL – When unauthorised disclosure could be expected to cause damage tonational security.

(4) RESTRICTED – When unauthorised disclosure could be harmful to national security.

(5) UNCLASSIFIED - Matter may be marked UNCLASSIFIED if it is necessary to indicatethat no security classification is required. However, all official information must be protected. Thefact that information is not classified or is marked UNCLASSIFIED does not eliminate thenecessity for preventing its unauthorised disclosure.

b. The regulations governing the release of Australian classified Defence information to othercountries have now been revised and are detailed in DI (G) OPS 13-4. These can be accessed on theDefence Intranet at: http://defweb.cbr.defence.gov.au/home/documents/departme.htm

2.6.3 Security - Passes and Visitors

a. Security Passes are required to gain access to most areas within Defence in Canberra. In theevent that your pass is lost or mislaid you should contact the Pass Issue Office immediately on (02)6266 2264 or (02) 6266 2039.

b. A visitor is defined as any person whose duties are not normally associated with the areabeing visited or who does not qualify for an appropriate Defence entry pass. All visitors are tocontact the staff member they are seeing and then the staff member and visitor are to report to theShopfront located on level 2 for admittance and issuing of a visitor’s pass. Defence Legal staff whoagree to accept visitors for entry into the building are responsible for:

• Meeting the visitor at the guard control station, arranging the issue of a pass,recording the details in the visitors register, and escorting the visitor at all times;

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• Ensuring that the visitor has an adequate security clearance for any informationwhich is to be discussed;

• Ensuring that their visitors do not gain access, either intentionally or inadvertently, toany classified matter which they have no need to know; and

• Escorting the visitor to the guard control station on departure and ensuring that thevisitor’s pass is returned.

2.6.4 Security – Electronic. The use of Internet email through unauthorised service providerssuch as Hotmail and Yahoo is considered a security risk and is strictly forbidden within Defence.CISMO can identify individuals that are logging on to these Internet based email sites and thosefound guilty may have their access revoked and face disciplinary action. Further information isprovided in the Defence Restricted Network Canberra Information Systems Security Practices andProcedures (IS-SPP) which is issued under SECMAN 3, at:http://defweb.cbr.defence.gov.au/dsa/New%20Site/docs/SECMAN3%20temp.htm

2.6.5 Security - Australian Government Access Only (AGAO)

a. AGAO is to be used where it is necessary to ensure that particularly sensitive information isnot disclosed outside Australian Government circles. Access to AGAO must be on a strict need toknow basis. The term AGAO and its meaning is UNCLASSIFIED.

b. A list of personnel who may have access to AGAO material and information on theclassification, markings, transmission, storage and approval to release AGAO is contained inSECMAN 4 - Section 4 which is located at: http://defweb.cbr.defence.gov.au/dsa/DSB/Docs/Documents.htm

2.6.6 Fraud Control. The CSIG Fraud Control Plan has been promulgated and can be found atDEPSEC CSIG Minute 2001/31233/3. All staff are to be familiar with this document.

2.7 MEDIA

2.7.1 All staff are to be familiar with the procedures for public comment and dissemination ofinformation as at DI (G) Admin 08-1.

2.7.2 Any media enquires should be directed to PACC on (02) 6265 6920.

2.8 GENERAL OFFICE ADMINISTRATION

2.8.1 Photocopying. The Shopfront (RGC-2) may perform bulk photocopying of short-termneeds, such as files for litigation, dependent upon their workload. If they are unable to cope with theworkload the Shopfront staff can organise for bulk photocopying to be undertaken elsewhere.

2.8.2 Stationery. Most stationery supplies are held in the two stationery cupboards located atRGC-3-102 for general use. All stationery orders for stock not normally held within DL or forrestocking are to be directed to DL Finance Officer Sarah Smithson (RGC-3-106, (02) 6266 8894).Directors are authorised to sign stationery order forms as the Proposal/Liability Approver exceptwhere the order involves a significant cost to the Commonwealth. Any such special orders requirethe approval of the DGADFLS. Such orders should be directed to the LOM (02) 6266 8928.

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2.8.3 Classified Waste. Classified waste collection arrangements are TBA by the Shopfront.

2.8.4 Facsimile. If sending a fax to a number external to the Canberra Defence network you mustprefix the number with a zero (0). For example; to fax to an internal extension, simply dial the five-digit number. For a local number (eg. 6273 0461), you would dial (0) 6263 0461 or a long distancenumber (eg. 07 33953981) you would dial 007 33953981. A fax cover sheet is at Annex A.

2.8.5 Speakeasy Telephone/Fax. For secure communications classified RESTRICTED or higher,the Speakeasy located in DOIL’s office should be used. Personnel requiring the use of this facilityshould seek instruction on the use of the Speakeasy from the DOIL Paralegal. There is also aSpeakeasy in the office of DGADFLS.

2.8.6 Office Systems Coordination and Retrieval. DL has developed a database tocomprehensively manage and track files, work requests and correspondence. Called “OSCAR”,which stands for Office Systems Coordination and Retrieval, the database is a Lotus Notes basedapplication designed especially for DL. The database includes resource links and a search enginecapacity. In order to ensure consistent tracking and recording of all work requests, correspondenceand files, all DL staff should become familiar with the use and functions of the OSCAR database.Staff should direct access requests and training to be provided by the Law Office Manager.

2.8.7 Courier deliveries. There are a number of branch cars available which staff can use todeliver items. Mohan Kang from DCRR (CP1-7-CHRR, (02) 6266 4877) should he be availablewill be able to courier items, alternatively we have an account with Universal Express for moredetails contact Kirrily Holz, LOM. If Mr Kang is required his supervisor, Sandra McDonald shouldbe the first POC on (02) 6266 4711.

2.8.8 Business Cards. Requests are to be forwarded to Kirrily Holz, LOM.

2.8.9 Building Management. All building issues should be directed to Kirrily Holz, LOM.

2.8.10 Office Furniture. Additional office furnishings or furniture inquires are to be directed toKirrily Holz, LOM. 2.9 TRANSPORT SERVICES

2.9.1 Shuttle. A shuttle service is available for travel between a number of Defenceestablishments, such as Russell, Campbell Park, Brindabella Park RMC, CAMU-D, ADFAand Northbourne House. The shuttles travel predetermined routes, which can bedistinguished by the colour coding on the front windshield of the shuttle bus. The shuttleservice to RG Casey is still under negotiation. 2.9.2 Car. There is a booking register for the office car in the office of the LOM. The vehicle isonly to be used for the conduct of official business. The RAAF car is provided primarily for ADRand DMJ use, however other Directorates can make arrangements for the booking of the vehicle.The booking register is on the counter outside R8-2-018 and the key is held by ADR staff.

2.9.3 ACTION Bus service. The Action bus timetable can be accessed via the following link:www.action.act.gov.au .

2.10 MESSING

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2.10.1 Recreation Space. There is a recreation space and kitchenette containing a microwave,fridge and storage space, as well as a boiling water outlet and cold water tap located at the southernend of RGC-3. This is for the use of all staff and it is the responsibility of all staff to maintain thecleanliness of this area. There is no general ‘coffee club’ within DL, so staff are to provide theirown tea/coffee. All staff are to be aware of the proximity of the kitchenette to working spaces andwhen using the facilities bear in mind those who work nearby.

2.10.2 Cafes and Messes: Lunch and snacks can be purchased in the RGC-2 cafe. Alternatively,there are several cafés within walking distance of the building. Service messes are located atRussell Offices for more official service requirements.

2.11 LEGAL AID

2.11.1 Legal aid is available on Wednesdays for will drafting and on every second Thursday forgeneral legal advice. The point of contact is the LOM. 2.12 TRAVEL AND TRAINING

2.12.1 General. Travel is often required in the performance of official duties. Examples ofwork related travel include meetings, exercises, deployments, training courses, seminars, orconferences. Initially, the DL Officer must justify the value of attendance at the respectiveevent and obtain approval from the individual’s LEG Director. The Officer must also obtainconfirmation of approval from the NPM (RGC-3-105 (02) 6266 8897). In addition,confirmation of funding availability must be made by the Finance Manager RGC-3-157 (02)6266 8929. Any duty travel associated with a task for a client should normally be at theexpense of the client.

2.12.2 Transport and accommodation: Once funding and attendance have been approved,individuals are to plan their travel and accommodation (including expenses such as Cab-charge andcar hire). Travel plans and written confirmation of Director’s approval is then to be provided to thetravel clerk (02) 6266 8927, RGC-3-156, who will make all bookings and arrange a pre-traveladvance of allowances. Form PT076 – Training for Development Activity Nomination also needs tobe filled in prior to attending any training sessions. The form can be found on Web Forms, athttp://pubsdb.cbr-dps.defence.gov.au/wfs/.

2.12.3 Military Establishments. Staff who are travelling to military establishments should ensureconfirmation and acceptance of the visit prior to their intended date of departure.

2.12.4 Overseas Travel. A number of additional matters need to be considered if preparing toundertake overseas travel. Where travel is to be funded by another agency, the Overseas VisitsAuthority (OVA) will be the responsibility of that agency. However, staff members are required todraft their OVA and submit it to the approving authority of the chief agency. DL funding ofoverseas travel requires that the OVA is initially submitted to the Director, for forwarding to theDGADFLS, and finally Head SDD for approval. Due to the lengthy process involved in OVA,organisation of overseas travel should be undertaken at least three weeks in advance if possible.

2.12.5 The DL Finance Officer should be the first point of contact for overseas travel. Personnelproceeding overseas are to advise the relevant overseas mission of the details of their overseas visit.Assistance with the coordination of overseas travel is provided by the International Travel Co-Ordination Centre, which is located at CP1-4-161. The ITCC provide the following services:

a. Issue of Passport and Visas (Visits, Short and Long Term Postings)

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b. Airline Travel for Duty (Visits, Short and Long Term Postings, Compassionate &MedEvac, International Reunion Travel)

c. International RAAF Flight Reservations d. Accommodation/Car Hire Reservations e. Issue of Cabcharge Vouchers f. Travel and Allowance Costings g. Payment (Advance) of Allowances h. Acquittal of Short Term Duty i. Advice / Guidance on entitlements and allowances (ie: Equipment Allowance) j. Payment (Advance) of Rest Period Allowances (Long Term Posting) k. Raising of OA27 and FA012 Forms (Long Term Posting) l. Acquittal of Rest Period Allowances on Return to Australia (Long Term Posting)

2.12.6 U.S. Travel. Travel to the United States requires the approval of the Australian Embassy inWashington. Details of the process for approval can be found on the Australian Embassy’s websiteat: http://www.austemb.org/

2.12.7 External Training. Every opportunity to attend external training courses is encouragedwithin DL. Approval for attendance at external training is to be sought through LEG Directors andthe NPM.

2.12.8 Military Law Centre. The Military Law Centre (MLC) is located at Building 100,Randwick Barracks, Avoca Street, Randwick, SYDNEY, NSW, 2031. Telephone: (02) 9349 0628.The MLC organises legal education and training to ADF legal officers, the wider ADF and the AsiaPacific region. The centre also provides advice to the Career and Professional DevelopmentCommittee (CPDC) and advice to the Commonwealth through DL as required. Co-located with theMLC is the Asia Pacific Centre for Military Law, which is a collaborative venture with theUniversity of Melbourne.

2.13 PARKING

2.13.1 General Parking. There is an unrestricted free parking area adjacent to the Minter Ellisonbuilding and restricted street parking as signposted in the area.

2.13.2 Branch and Executive Vehicle Parking. Branch and Executive vehicle parking is locatedin the basement parking on the first floor and level below, parking diagram (attachment C) showsthe parking bays for branch vehicles and labeled bays for each executive. The nominated executivebays are:

Bay 130 - DGADFLS AIRCDRE Simon Harvey Level 1 ParkingBay 122 - A/GCDL David Lloyd Level 1 ParkingBay 127 - CHRR Branch Vehicle Level 1 ParkingBay 121 - Branch Vehicle Level 1 ParkingBay 224 - Branch Vehicle Lower Level ParkingBay 225 - Branch Vehicle Lower Level Parking

2.13.3 Bicycle parking. Bicycle racks are situated when facing RG Casey Building from JohnMcEwen Crescent, to the right there is short stay parking for vehicles, motor cycles and bicycleracks (up against the building). In the future, additional bicycle racks will be provided in the shortstay parking area to the left of the main entrance, up against the building.

2.14 REFERENCE MATERIALS

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2.14.1 DL Website. DL has a site located at: http://203.147.241.250/ .The DL Webmaster is IanMcGowan (02) 9377 3072: Defence Plaza - Sydney.

2.14.2 Library. A selection of research material is available in the Legal Library, located in RGC-2-101/102. The library can be accessed at any time using the cypher-lock combination whichremains the same as that from R8. New members should ask a DL member for the currentcombination. The Legal Librarian is available on a part time basis Monday, Wednesday and Friday(from 0940 - 1520) to assist with legal research tasks and can be contacted on (02) 6266 8890 orthrough the Defence Library Service on (0)133 139. 2.14.3 It is extremely important that all material taken from the library is signed out. This ensuresthat other members who may need to access material are aware of its location. Borrowed materialsshould be returned when no longer required so that they are available to other library users.

2.14.4 All staff are eligible for a Defence library card. To obtain a card, staff should approach alibrarian in the legal library. There is also a non-legal library located in R4 which will soon berelocating to the ground floor of R2 and a Defence Library Service site located on the DefenceIntranet at: http://library.dcb.defence.gov.au/wizard/Portal/DLSCorpPort.nsf/Main?openFrameset

2.15 EQUITY AND DIVERSITY

2.15.1 Defence, and DL in particular, has a commitment to equity and diversity in the workplaceand its management practices. The development of fair and inclusive workplaces is viewed as animportant and useful tool in enhancing the Defence environment. Members are encouraged to readthe Defence Equity and Diversity Plan, which is located at:

http://defweb2.cbr.defence.gov.au/dpeequity/publications/wedp0103.pdf 2.15.2 The Defence Equity Organisation (DEO) is available to provide advice and guidance on allissues regarding discrimination and disability. Additionally, the DEO can provide advice ontraining and publications available, including contacts in the organisation. The DEO website islocated at:

http://defweb2.cbr.defence.gov.au/dpeequity/

2.15.3 Work Participation. Content TBA

2.16 INCIDENT/ACCIDENT REPORTING

2.16.1 An accident is an incident that results in harm to people, damage to property, or loss ofproductivity. You must report work-related injury or illness as soon as possible. Report formAC563 (incident and fatality report) can be found on the Defence Safety Management Agency(DSMA) website at:http://dsma.dcb.defence.gov.au 2.16.2 The Occupational Health and Safety Officer and first aid officer for DL HQ office is NickPeris, Deputy National Practice Manager. Fire Warden locations are detailed at Annex C.

2.17 ABSENCES 2.17.1 Members who are absent from their directorate for two days or more are required to changetheir voicemail and activate their Out of Office Assistant on Microsoft Outlook on both networks.The messages should advise of their expected return date and issue a POC within their directorate toensure urgent matters receive attention.

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2.18 CONFERENCE ROOMS

2.18.1 Conference Room Bookings. There is a diary in the finance office to be used for bookingthe conference room.

2.19 GYMNASIUM

2.19.1 Access to Gymnasium. Defence personnel have been permitted to use the gymnasiumbetween the hours of 1000-1200 and 1400 – onwards. If your pass does not give you access contactKirrily Holz, LOM. 2.20 CHANGE ROOMS AND SHOWER FACILITIES

2.20.1 Showers are located on the basement level and are available for access by Defencemembers.

2.21 MILITARY PERSONNEL

2.21.1 Administration. Military personnel are administered by the Australian Defence ForcePersonnel Centre – Canberra (ADFPC-C), located in Campbell Park, Building 2, Level 3 (CP2-3).Much of the military administration, such as allotments of pay, can now be undertaken via thewebsite, or forms printed and faxed through to the ADFPC-C. The website also contains RoutineOrders and Information Circulars. The website can be found at:http://defweb6.cbr.defence.gov.au/adfpcc/

2.21.2 Chaplaincy Services. Chaplaincy Services are available to ADF members. The followingthree hyperlinks provide information on the respective chaplaincy services offered by the RAN,Army and RAAF.

http://defweb.cbr.defence.gov.au/navychaplain/default.htm

http://intranet.defence.gov.au/armyweb/sites/PRINCHAP/

http://wilis001.sor.defence.gov.au/chaplain/default.htm

2.21.3 Commanding Officer. The Commanding Officer of ADFPC-C is the CO of militarypersonnel posted to ADFPC-C (as identified on your posting order) for administrative purposes.Navy personnel are under the command of CO HMAS HARMAN.

2.21.4 ADFPC-C. The ADFPC-C web-site also has a link to the Corporate Services andInfrastructure Centre (CSIC) for ACT/ SNSW web-site. This web-site will inform the member on alarge number of other support activities provided to the Department of Defence, and is located at: http://defweb6.cbr.defence.gov.au/adfpcc/

2.21.5 Work Hours. Military members have different conditions of service than civilian members.Military members have core working hours of 0830 to 1651, with one hour for lunch. Flex-time isnot available to Service members. Any absences from your Directorate should be advised to theappropriate Director and the member’s location and estimated time of arrival back in the officeshould be promulgated on the appropriate whiteboard. Directors may allow short leave inaccordance with Service conditions if members have worked long hours outside core times. At alltimes, operational requirements will dictate working hours.

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2.21.6 Medical and Dental Services

a. Canberra Area Medical Unit – Russell (CAMU-R) and Canberra Area Dental Unit – Russell(CADU-R) are the medical and dental facilities available for Service members of DL. The units areco-located in the single-story building closest to R8. Military members, upon marching intoCanberra, should present their medical and dental documents to these facilities. They are open until1600.

b. Sick parade is conducted Monday to Friday between 0800 and 0900. If unable to paradeduring these times, a member should attend the treatment room (which is open between 0800 and1630) with their medical documents. The pharmacy located in CAMU-R is closed between 1230and 1330. In an emergency the CAMU-D ward can be contacted on (02) 6265 9407 or (02) 62659419, and there is also a specific emergency contact number which is (02) 6265 9322.

c. Medical and dental appointments can be made on extensions (02) 6265 5979 and (02) 62654462 respectively. Specialist appointments can be made at CAMU-R, on (02) 6265 4622 after areferral has been issued by a medical officer.

d. The physiotherapy facility is located at CAMU-D, RMC Duntroon. Sick parade is conductedbetween 0730 and 0830. Appointments can be made on (02) 6265 9616, and usually require areferral from a medical officer.

2.21.7 Military Training. Military members are required to maintain all relevant militarystandards, for example, physical fitness, medical and dental health, and weapons trainingrequirements. Military members should approach a same-service member in DL for advice on thecurrent practices for maintenance of military standards. Some assistance is available via theADFPC-C website, such as bookings for RAAF weapons continuation training.

2.21.8 Conditions of Service. Details of military conditions of service can be found on theDEFWEB at: http://defweb6.cbr.defence.gov.au/adfpcc/frames/nvmain.cfm?Page=contacts . TheDCS ACT/ SNSW also links to the Defence Housing Authority (DHA) website. DHA isresponsible for the organisation and management of all Defence housing issues, such as living-inaccommodation, married quarters, rental assistance, removals and associated allowances. DHA canbe contacted on 1800 249 711.The DHA website is located at: www.dha.gov.au

2.21.9 Clothing Store.

a. The clothing store for all military members in Canberra is located at ADFA, and is openbetween 0800 and 1600, Monday to Friday. New members should seek advice on directions to theclothing store from a current DL member. The Defence Shuttle also has a route that can takepersonnel to the Defence Clothing Store. The clothing store can be contacted on 02 62688423. b. The clothing store provides a mobile clothing facility, which contains many uniform itemsfor members who know the sizes they require. This shuttle can be located between R1 and R2 onMonday, Wednesday and Friday between 1035 and 1115.

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SECTION THREE

RESERVE PERSONNEL

3.1 ROLES OF RESERVE LEGAL OFFICERS

3.1.1 Aim: The aim of this section is to set out the roles typically performed by RLOs accordingto their rank, billet/posting and experience.

3.1.2 Background. RLOs can expect to be exposed to the wide range of circumstances calling fortheir skilled and experienced advice in circumstances that are often different to those encountered intheir civilian occupations. Service as an RLO will be rewarding and enjoyable, if RLOs areproactively involved in the performance of their roles and duties, and the management of theircareers.

3.1.3 Roles. Real opportunities exist for RLOs to undertake operational roles both withinAustralia and overseas. RLOs are encouraged to participate in the operations and other activities ofthe ships/units/bases/commands they serve, to gain exposure to ADF operating environments. Thisactivity assists in building the credibility of individual RLOs, and also enables the RLO to relate to,and better understand, operational circumstances when taking instructions and providing advice.

3.1.4 Table 1 Annex C sets out the progressively more skilled roles for RLOs as they advance inrank and experience. PLOs and senior RLOs should assist junior RLOs to perform their roles andgain skills and experience by allowing them to understudy.

3.1.5 On appointment RLOs will typically be allocated duties commensurate with their militaryexperience to enable them to gain confidence in the performance of their roles under the guidanceand with the assistance of more senior RLOs.

3.1.6 These duties will normally encompass the provision of legal aid advice in a military context,prosecuting or defending Defence members before a CO, and providing advice to Defence membersin relation to summary offences. Newly appointed RLOs may also be tasked to review minorinvestigation reports.

3.1.7 When opportunities arise newly appointed RLOs are to be offered and encouraged toperform understudy roles in relation to more complex matters, to enable them to gain confidenceand experience. Remuneration arrangements allow RLOs performing understudy roles to receivepayment at the training day rate.

3.1.8 During the first ten years after appointment, RLOs (up to and including the rank of MAJ(E))are required to act in a relief manning/shadow posting for a period of not less than 10 weeks,constituted by continuous periods of not less than 5 days. This requirement is to apply pro-rata forRLOs appointed before 1 Jul 03.

3.1.9 In relation to roles, the RSLG is responsible for:

a. ensuring that their panel members undertake the necessary courses of study to qualify themfor promotion to the next rank; and

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b. so far as is practicable, assisting panel members to gain common skills and experienceregardless of their Service, so that RLOs are capable of performing appropriate duties with anyService.

3.2 RESERVE LEGAL OFFICER STRUCTURE

3.2.1 Aim: This section sets out the DL National Organisation and Leadership Structure and theroles of PLO, RLO and APS personnel within that structure.

3.2.2 DL is a national integrated organization of ADF and APS personnel. The leadershipstructure represents this and is detailed in Section One of the SOPs.

3.2.3 Tri-Service National Organisation. The National Leadership of DL is performed byDGADFLS, the GC, Head of Corps/Category, the LEG managers, HMB, LRM and NPM togetherwith the RSLG in each Region and the National Leadership Forum (which comprisesapproximately 40 personnel picked from DL staff posted from around Australia.) The RSLG ineach Region comprises the RSSR for each Service, the senior PLO in the Region, and a civilianrepresentative of regional civilian members of DL.

3.2.4 Services. The Head of the Army Legal Corps and the Heads of Category for the Navy andAir Force are responsible to the Service Chief for the professional management of the members oftheir Service. They have a role as adviser to their Service Chiefs and as adviser to DGADFLS onsingle Service issues. PLO career management functions will be coordinated through the Office ofNPM. Similarly, RLO career management functions will be coordinated through the Office of theLRM.

3.2.5 Office of the General Counsel (OGC). OGC is included within DL organisation andprovides independent legal advice to the ADO. Advice issued out of the OGC is definitive andbinding across the ADO. The General Counsel heads OGC. The GC is the senior civilian leader inDL. Advice should be sought from the OGC on complex, difficult and sensitive matters. The GC isthe Legal Panel Manager for the provision of external legal services.

3.2.6 Technical Legal Control. PLOs and RLOs are posted to ships/units/bases/commands inaccordance with normal ADF practice. PLOs and RLOs posted to a ship/unit/base/command arerequired to follow the same chain of command for technical legal control as the command chain ofthe ship/unit/base/command to which they are posted. There may be different chains of commandfor different issues eg. operations, general advice, and military law.

3.2.7 LEG Managers’ functions and responsibilities. The LEG managers are responsiblenationally for the policy, professional oversight and standards of their specialised legal function andbusiness. The LEG managers will also be responsible for the functional organisation and operationof their LEGs. The LEG managers will be responsible for the management of resources allocated tothem and for accessing appropriate professional legal skills from within DL (and externalresources) to meet their functional responsibilities. RLOs will be invited to nominate to specialistlists from which LEG managers may access services in accordance with 3.4 below.

3.2.8 National Practice Manager. The NPM will act as DL Chief of Staff with responsibilitiesfor the provision of strategic planning, budgetary and financial controls, IT development, corporaterelations and reputation management, together with career coordination functions of all permanentcivilian and military personnel.

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3.2.9 Tasking of legal work. Tasking will generally be in accordance with the chain of commandof the ship/unit/base/command generating the need for the work subject to availability and the needfor specialist services. There will also be legal officers who are not posted toships/units/bases/commands who are regional consultants. Legal officers posted to those units willdeliver legal services to the ships/units/bases/commands, in the first instance. Sessional work forRLOs is subject to the Financial Management and Accountability Act 1997, which requires thatCommonwealth resources be used in an efficient, effective and ethical manner. 3.10 below dealswith allocation of sessional work.

3.2.10 LRM. The LRM is responsible for the administration and coordination of training,professional development and career management of all RLOs.

3.2.11 Regional leadership. The DL Regions are listed in 3.5 below. In each Region there will beone RSLG, which will comprise the three single RSSRs (where practicable) and the most seniorPLO in that Region, as confirmed by DGADFLS. The RSLG will have responsibility to attend tothe professional leadership and stewardship of DL personnel posted in that Region. The RSLG hasa mentoring role concerning the provision of counsel and advice on professional standards andethical issues IAW guidance provided by HMB. The RSLG is accountable to DGADFLS and theHead of Corps/Category for the provision of recruiting, training, dissemination of information,hosting of joint Service social functions, etc.

3.2.12 Head of the Military Bar. The Military Bar is the collegial professional grouping of allPLOs, RLOs and DL civilian legal officers. It is led by the Head of the Military Bar (HMB), who isdirectly responsible to the DGADFLS for the promotion of professional standards and ethics, andfor the facilitation of the relationship between the Military Bar and external professional bodies.

3.2.13 Retired Senior Officers’ Advisory Body. A group of distinguished retired officers may beinvited by the DGADFLS to perform honorary duties on an ‘as required’ basis. This body will beheaded up by a senior retired RLO.

3.3 RLO STRENGTH DETERMINATION

3.3.1 Aim: The aim of this section is to establish procedures for matching and, as necessary,adjusting RLO numbers, legal specialisation, postings and taskings to the assessed needs of theADF.

3.3.2 RLO Manning Review. A regular review of duties performed by RLOs is required to becarried out in accordance with this section (“RLO Manning Review”). Each RLO Manning Reviewis to be carried out at a time to be determined by the DGADFLS but is to be not more than 3 yearsafter the last review.

3.3.3 The guiding principle for RLO Manning Reviews and the application of this section is that:

a. the number of RLOs serving in each Service nationally should be determined having regardto the need for work generated by the ships/units/bases/commands of that Service nationally; and

b. in determining the Regions in which RLOs are recruited and posted, each Service shouldhave regard to the need for work generated by the ships/units/bases/commands of that Service inthat Region.

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3.3.4 For the purposes of each RLO Manning Review, (and for the purposes of 3.6 below), theDGADFLS will appoint a panel comprising at least the NPM, the LRM and a senior RLO fromeach Service (“RLO Manning and Service Requirements Committee”).

3.3.5 Role of RLO Manning and Service Requirements Committee. The role of the RLOManning and Service Requirements Committee is to:

a. arrange for the collection and collation of data for the RLO Manning Review in accordancewith this manual (“Review Data”);

b. make adjustments to that data to make the Future Needs Determination by taking intoaccount the matters dealt with in with para 9 of this section;

c. determine the Divider for the purposes of para 11; and

d. calculate and publish RLO Strength Determinations in accordance with para 12.

3.3.6 Review Data. The Review Data comprises:

a. for each Region - the number of personnel days duty performed by RLOs (regardless ofwhere they are posted) on work generated by the ships/units/bases/commands of that Service in thatRegion; and

b. the amount of that work which was, for each Service, performed by RLOs who are posted tothe ships/units/bases/commands of that Service in that region; and

c. unsatisfied demand data recorded under para 7; and

d. the need for RLO services generated by significant one-off events – e.g. a complex/lengthyBoard of Inquiry.

3.3.7 The LRM is required to maintain a record of demand for the services of RLOs which couldnot be met on a per Region per Service basis.

3.3.8 If a demand for legal services is not met either from within or outside that Region, the PLOis to send details (including the type of services required and the PLOs estimate of the number ofRLO personnel-days required for the services) to the LRM for inclusion in the record. This recordis intended to include details only of needs for the services of an RLO that are not met at all fromany source.

3.3.9 Once Review Data has been collected, it is assessed by the RLO Personnel and ServiceRequirements Committee and, if necessary adjusted to take into account:

a. obvious errors or concerns about the accuracy or integrity of the data;

b. the impact of significant one-off events unlikely to be encountered before the next review;

c. the number of RLO person days required to meet areas of unsatisfied demand reportedunder para 7;

d. known or likely changes in future needs e.g. as a result of a unit moving from one region toanother.

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3.3.10 The adjusted Review Data under para 9 is called the Future Needs Determination.

3.3.11 The RLO Manning and Service Requirements Committee determines the appropriateaverage number of days per RLO to be used for the purposes of converting the Future NeedsDetermination into RLO manpower requirements (the ‘Divider”). (By way of example, the RLOManning and Service Requirements Committee might determine that the Divider is to be 30 daysservice per annum. On that basis, a Future Needs Determination in a region of 90 RLO days givesrise to a need for 3 X RLOs. This Divider is a constant nationally.) The Divider is to bedetermined having regard to the following:

a. the average number of days served nationally per year by RLOs;

b. the need for succession planning to replace the services of existing RLOs; and

c. the occasional unavailability of RLOs because of other commitments.

3.3.12 The RLO Manning and Service Requirements Committee calculates and publishes itsdetermination of the numbers of RLOs required per Service both nationally and on a per Regionbasis, by dividing the Future Needs Determination per Service per Region by the Divider. Thiscalculation becomes the RLO Strength Determination for the purposes of these SOPs.

3.3.13 Within an overall national RLO Strength Determination for a Service, HOC may determinerecruitment and postings and the development of RLOs to be enrolled on National Specialist Listsunder 3.4.

3.4 NATIONAL SPECIALIST LISTS 3.4.1 Aim: The aim of this section is to set out arrangements for the establishment of lists(“Specialist Lists”) of RLOs who are prepared to accept duties in certain areas of legalspecialisation (“Specialist Areas”).

3.4.2 Specialist Lists. DGADFLS in consultation with LEG managers and the LRM may fromtime to time determine the Specialist Areas for which Specialist Lists are to be created.

3.4.3 Until determined to the contrary Specialist Lists are created for each of the followingSpecialist Areas:

a. Administrative

b. Advocacy

c. Alternative Dispute Resolution

d. Commercial and Contracts

e. Constitutional

f. Environmental

g. Freedom of Information

h. Intellectual Property

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i. International Agreements

j. Military Discipline

k. Operations and International Law

l. Privacy

3.4.4 An RLO wishing to be placed on a Specialist List as a specialist or provisional member (seeparagraph 11) must complete an application to do so in the form prescribed from time to time by theLRM.

3.4.5 The application must include a statement (“Statement of Experience”) by the RLO (notexceeding 100 words in length) about the RLO’s qualifications and/or experience in the SpecialistArea, and must include a certification by the RLO that the information contained in it is correct andaccurate.

3.4.6 Subject to para 7, there is no independent assessment of RLO applications and all RLOsapplying to be placed on a Specialist List will be placed on that list with the approval of the relevantLEG manager and in the case of the ADR Specialist List, the approval of ADRCM.

3.4.7 Despite para 6, the LRM may remove a RLO’s name from a Specialist List if the LRM issatisfied:

a. that the RLO’s Statement of Experience is not correct and accurate; or

b. that the Statement of Experience is manifestly inadequate to justify the RLO’s inclusion onthe Specialist List.

3.4.8 Before the LRM removes an RLO’s name from a Specialist List, the LRM must give theRLO:

a. notice of the proposed removal; and

b. an opportunity to be heard and make submissions, either orally or in writing, on theproposed removal.

3.4.9 Access to the names that appear on each Specialist List, and to the Statements of Experienceof each member of a Specialist List, is available to all PLOs, RLOs and LEG managers.

3.4.10 A member of a Specialist List may update information about that member on a SpecialistList from time to time.

3.4.11 An RLO may at the RLO’s request be placed on a Specialist List as a Provisional Member.Provisional Members:

a. only have an entitlement to remuneration at the training day rate (see 3.10 below);

b. do not hold themselves out as having special expertise in the Specialist Area; and

c. are placed on Specialist Lists to identify their interest in the Specialist Area and their desireto gain further experience by understudying other (non-provisional) members of that Specialist List.

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3.4.12 PLOs and others within LEGs are encouraged to:

a. utilise the services of RLOs on Specialist Lists for the provision of services in SpecialistAreas; and

b. where appropriate utilise those services by including the services of a Provisional Memberin conjunction with those of an other (non-provisional) member of the Specialist List.

3.4.13 It is important that PLOs and others within LEGs recognise the need to fairly allocate dutiesin Specialist Areas between RLOs who may appropriately perform those duties. This serves manypurposes including:

a. enhancing equity between RLOs;

b. broadening the resource base available to the Defence Force by allowing a greater numberof RLOs to gain relevant experience; and

c. minimising the risk of allegations of cronyism.

3.4.14 This section does not prescribe the manner in which PLOs and others may choose RLOsfrom Specialist Lists. Other sections restrict the circumstances under which a PLO may allocateSessional Fee Duties to a RLO after that RLO has performed Sessional Fee Duties for a period inexcess of thirty (30) days in each financial year – see 3.10 below.

3.4.15 Every three years all names are removed from Specialist Lists and RLOs are invited to re-apply as set out above. A RLO who has been a Provisional Member of a Specialist List mayreapply to be placed on that List as a non-provisional member.

3.5 REGIONAL PANELS

3.5.1 Aim: The aim of this section is to outline the procedures to establish and manage RLOs on atri-Service Regional basis.

3.5.2 Senior Leadership Groups. In each Region there will be one tri-Service Reserve Panellead by a RSLG.

3.5.3 The tri-Service Reserve panels will comprise the RLOs on each former single Service panelin that Region.

3.5.4 DL Regions. For the purposes of establishing the tri-Service Reserve panels, the DLRegions are as follows: a. ACT;

b. NSW Country South – includes Wagga Wagga and Kapooka;

c. NSW Metropolitan - includes Sydney, Moorebank, Richmond, and Singleton;

d. NSW Country North – includes Williamtown;

e. South QLD;

f. North QLD;

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g. Northern WA and NT;

h. Southern WA;

i. SA;

j. TAS; and

k. Vic.

3.5.5 Operation of the Reserve Senior Leadership Group (RSLG). Each RSLG meets NLTonce a quarter in every calendar year and is required to provide a copy of the minutes of thosemeetings to LRM (including an attendance list). The RSLGs conduct meetings on a collegiate basiswith all decisions being made unanimously where possible and by majority vote if there isdisagreement. The chairperson role is rotated between the RSSRs on an annual basis.

3.5.6 Role of the RSLG. The RSLG:

a. has responsibility to attend to the professional leadership and stewardship of all RLOs inthat Region;

b. has a mentoring role concerning the provision of counsel and advice on professionalstandards and ethical issues in accordance with guidance provided by HMB;

c. is accountable to LRM through TRGCOORD for the provision of tri Service training,

d. is responsible for dissemination of information, hosting of joint Service social functions etc.;

e. monitors the allocation of Reserve tasking within the Region;

f. provides comments and recommendations to DGADFLS (via the LRM).

g. is responsible for compliance with RLO SOPs in their Region.

3.5.7 Role of RSSR. The RSSR is responsible:

a. to their HOC for the recruitment, mentoring and management of the RLOs of that Serviceon the tri-Service panel;

b. for RLO compliance with their single Service obligations.

3.6 REQUIREMENTS OF EACH OF NAVY/ARMY/RAAF

3.6.1 Aim: The aim of this section is to:

a. set out the Service requirements currently applying to RLOs in Navy/Army/RAAF; and

b. establish a mechanism for standardising those Service requirements.

3.6.2 Annex E sets out the Service requirements currently applying to RLOs inNavy/Army/RAAF.

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3.6.3 The RLO Personnel and Service Requirements Committee (established under 3.3 above) inconsultation with Service authorities and HOCs is required to prepare recommended standardService requirements for future application to all RLOs.

3.7 TRAINING

3.7.1 Aim: The aim of this section is to set out training policy, and arrangements for theimplementation of training of RLOs.

3.7.2 All RLOs are required to undertake training in accordance with this section and DFRTDetermination 2000/1 regardless of their Service, rank or posting. Training includes legal and non-legal competencies and relates to single Service and tri-Service environments. A summary of theDetermination as it applies to professional development is at Annex F.

3.7.3 Legal Training. In addition to any civilian legal training required of a RLO by his/herprofessional body in respect of their practice in a private capacity, each RLO is required to undergomilitary legal training (“Legal Training”). Legal Training will as far as practicable be common toeach of the Services and be the same as that provided to PLOs. Legal Training will be provided viaone or more of the following means:

a. Courses offered by the MLC;

b. Courses offered by a tertiary institution endorsed by the MLC in consultation with the LRM;

c. Continuing legal education offered on a Regional basis; and

d. ‘On-the-job’ Legal Training conducted at the RLO’s ship/unit/ base/command.

3.7.4 Non Legal Training. Each RLO is required to undertake the non-legal training required bytheir Service. It is expected that training will commence upon initial appointment and continuethrough the RLO’s career. It is acknowledged that non-legal competencies vary between Services,with each Service having a separate training regime and requirements. Each RLO is expected todevelop a thorough understanding of their Service to enable the RLO to work effectively andefficiently in that Service.

3.7.5 In addition, each RLO is, where appropriate, to undertake tri-Service non-legal training.Such training provides an RLO with competencies that enable them to carry out legal duties in ajoint environment. This training will be offered as appropriate having regard to the RLO’s rank andposting.

3.7.6 Non-legal training is currently a single Service responsibility, and is delivered withinexisting Service training organisations. Non-legal training is conducted both formally and on an‘on-the-job’ basis. In addition RLOs are encouraged to take advantage of other opportunities toincrease non-legal competences.

3.7.7 Management of RLO Training. Within DL RLO training is the responsibility of the LRM.The LRM is to consult with HOC in relation to training issues.

3.7.8 One RLO (LTCOL(E)) from each Service is appointed by DGADFLS as a reserve trainingcoordinator (TRGCOORD).

3.7.9 The TRGCOORD are responsible to the LRM for the performance of their duties set out inparagraph 10.

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3.7.10 The duties of each TRGCOORD are:

a. to ensure that all RLOs meet their single Service non-legal training commitments (seeAnnex E to 3.6);

b. to ensure that all RLOs meet their LTM training commitments IAW DFRT Determination2000/1 at Annex E;

c. to facilitate and coordinate the provision of other training in legal and non-legalcompetencies including e.g. financial management and accountability, command and staff collegecourses and courses offered by ADFWC;

d. liaison and coordination with HOC, RSLGs, RSSRs and training providers for the above.

3.7.11 RSLGs are responsible for the day-to-day management of the training of RLOs within theirRegions.

3.7.12 The duties of the RSLG (through each RSSR) are:

a. to ensure that all RLOs in their Region meet their single Service non-legal trainingcommitments (see annex A to 3.6);

b. to ensure that all RLOs in their Region meet their LTM training commitments IAW DFRTDetermination 2000/1 at annex A;

c. to facilitate and coordinate the provision of other training in their Region in legal and non-legal competencies including through local training sessions and ‘on-the-job’ training; and

d. liaison and coordination with TRGCOORD and training providers for the above.

3.7.13 Implementation. IAW Recommendation 18 of the Review Report, MLC is to:

a. deliver the LTM 2 Course twice annually and the LTM 3 Course annually until 2008; and

b. offer training through flexible learning techniques including distance learning and thedelivery of training in module form.

3.7.14 All RLOs are to have completed the LTM courses applicable to their next rank by 2008.

3.7.15 Further information on training courses is contained on the Defence internet and intranetsites, including CPCD decisions, MLC course outlines, and joining instructions for specialist officerentry courses.

3.8 RECRUITMENT

3.8.1 Aim. The aim of this section is to:

a. set out some of the sources of recruiting information that may be of assistance to personsinterested in joining the ADF as a RLO;

b. establish and record uniform procedures to be followed in calling for, and administering,applications from persons to join the ADF as a RLO;

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c. ensure that recruitment of RLOs is conducted in a transparent, objective and equitablemanner to ensure the best applicant is chosen to meet the Regional and national needs of DL; and

d. ensure that merit is the over-riding criteria for selecting a suitable applicant for appointment.

3.8.2 Internet and Other Information Sources. Lawyers interested in joining DL should bereferred to the following internet sites for Service and recruiting information:

www.defence.gov.au/reserves

www.defence.gov.au/careers

www.defence.gov.au/legal

3.8.3 The generic roles a RLO may expect to perform over his or her career appear in 3. 2.

3.8.4 Role of RSLG in Recruitment and Career Planning. The RSLG in each Region isrequired to undertake an annual planning review to:

a. identify the future demand for legal officers within their Region; and

b. monitor and plan for the career progression of the members of their Panel.

3.8.5 The RSLG is to liaise with the relevant Service personnel agency as part of the annualplanning review.

3.8.6 This planning will enable RSSRs, in conjunction with their HOC to plan the recruitment ofRLOs:

a. in sufficient time to meet assessed future needs; and

b. within the national RLO Strength Determination made under 3.3 above.

3.8.7 Pre-Recruitment Procedures. As the recruitment of RLOs is a lengthy process, it isincumbent that the process of recruitment commences at the earliest time it becomes apparent that avacancy will arise. The following pre-recruitment procedures apply to RSSRs and the senior RLOof the relevant Service in the Region.

3.8.8 The RSSR, in consultation with the senior RLO of the relevant Service is required toprepare the following (a “Recruitment Brief”):

a. a position profile based on the roles and information in Annex D for the vacancy;

b. a requirements of service document, based on the Table at Annex D;

c. if applicable, any relevant background to the vacancy; and

d. selection criteria for the position.

3.8.9 The Recruitment Brief is to be in sufficient detail to provide applicants with informationabout both what the position and service in DL requires of them.

3.8.10 The senior RLO is to send a minute to the HOC enclosing the Recruitment Brief.

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3.8.11 The HOC considers the Recruitment Brief and determines whether or not to recommendrecruitment on the basis of it.

3.8.12 Recruitment only takes place if recommended by the HOC and approved by the singleService personnel agency.

3.8.13 The HOC does not recommend recruitment if the recruitment would result in the nationalRLO Strength Determination being exceeded.

3.8.14 Administration of Recruiting. The recruitment of RLOs is to be conducted throughDefence Recruiting, and the relevant Service personnel agency. PLOs and RLOs may informsuitable lawyers of the vacancy and encourage applications, however, they should not interfere inthe administration of the process of advertising and filling the position with the intent of preferringone applicant to the detriment of another.

3.8.15 To initiate the recruitment process the RSSR is to:

a. advise the relevant personnel agency and Defence Recruiting of the approval to advertise thevacancy;

b. consult with Defence Recruiting and determine an appropriate means of advertising thevacancy;

c. set deadlines with Defence Recruiting for the advertising and administration of applications,including medical, psychological and other testing, to enable the earliest submission of a list ofsuitable applicants for interview to the relevant Service personnel agency;

d. provide Defence Recruiting with the Recruitment Brief (or an extract of it) fordissemination to person interested in applying for the position;

e. advise the relevant Service personnel agency of the advertising of the position, that a list ofsuitable applicants will be submitted to it by a certain date and that a selection board is to beconvened on a nominated date.

3.8.16 The form of advertising should include the use of law society and bar association noticesand, if appropriate, public advertising.

3.8.17 Documentation available to applicants should include the position description, therequirements of service document and the selection criteria.

3.8.18 Upon the close of applications for the vacancy the RSSR (in consultation with the relevantPLO) is to:

a. review and, if appropriate, shortlist the applications against the selection criteria;

b. forward the shortlist to the relevant personnel agency with a request to arrange the selectionboard; and

c. advise those applicants not short-listed that due to the number of applicants it was necessaryto short-list applicants against the selection criteria, and that they were unsuccessful in making theshort list;

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3.8.19 Prior to the selection board the PLO and RSSR are to invite the applicants to be interviewedin an informal meeting to receive a briefing on the selection board processes (including theselection criteria), and to have any questions and concerns addressed. Where practicable thismeeting should be held in an informal environment.

3.8.20 Selection boards should be held at the earliest opportunity in accordance with usual singleService requirements.

3.8.21 In the case of Army, a certificate from the Head of Corps is to be obtained pursuant to theAustralian Military Regulations before any appointment.

3.8.22 Once an applicant’s appointment takes effect the RSSR is to:

a. officially welcome and introduce the RLO to the PLO and other members of the RSLG andthe panel in the Region;

b. direct a RLO to accompany and assist the new RLO in receiving his or her dress and fieldentitlements issue, and to assist the new RLO in the proper maintenance, order and dressing ofuniforms;

c. appoint a RLO to assist and mentor the new RLO during his or her initial 12 months ofservice;

d. ensure that an initial familiarisation, induction and training plan is prepared andimplemented for the new RLO, pending their attendance at the Specialist Officer Entry Course andcompletion of LTM 1 course;

e. ensure that a nomination is submitted on behalf of the new RLO for the initial entry courseand the LTM 1 course; and

f. ensure that the new RLO attends the initial entry course and commences the LTM 1 courseat the earlier opportunity.

3.9 COMMUNICATION

3.9.1 Aim: The aim of this SOP is to provide guidance to RLOs in the effective use ofcommunication in relation to the:

a. various means by which all Members of DL, but particularly RLOs, can provide and accessinformation;

b. promotion of a more inclusive esprit de corps within DL; and

c. regular updating and provision of information in a timely, consistent and accurate manner.

3.9.2 The SOP imposes certain requirements on the LEG managers, NPM, LRM, RSSRs, andPLOs.

3.9.3 Regional contacts. An important source of information is through personal contact withPLOs and other RLOs. All Members of DL are encouraged to participate by taking eachopportunity to meet with other Members in their Region, on a professional and social basis. Whenappropriate, social functions are to be organised on a tri-Service basis.

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3.9.4 The RSLG is required to convene a meeting of the members of their Panel at least bi-monthly.

3.9.5 The RSLG in each region is to prepare and conduct a tri-Service local training programme.The programme is to be prepared by the RSLG and published in advance in the DL newsletter.

3.9.6 RSSRs, when appropriate, should encourage RLOs to introduce themselves to the seniormembers of Defence units within their Region. RSSRs should encourage thoseships/units/bases/commands to use the services of PLOs and RLOs to provide training assistance tothose units and participate in their activities and exercises, when appropriate. RLOs are encouragedto visit the messes of units within their regions.

3.9.7 National contacts. The DL National Leadership Forum is a tri-Service group comprisingover 30 nominated senior PLOs, RLOs, and APS staff within DL, which is representative of allregions across Australia. The DL National Leadership Forum meets at least annually to discussissues and matters of national concern within DL. The members of the RSLGs are to ensure that allPLOs and RLOs within their Regions are offered the opportunity to raise matters of legitimateconcern to the forum, and that they are fully debriefed on the outcomes of any forum meetings.

3.9.8 The three Services and DL sponsor and conduct seminars and conferences, in addition toestablishing project working parties. When appropriate, the responsible persons for seminars,conferences and projects are to seek participation through DL newsletter.

3.9.9 LEG managers. LEG managers are to ensure that RLOs receive regular updates of relevantinformation.

3.9.10 Contact Directories. The NPM is to ensure that the DL Contact Directory (covering PLOsand RLOs) is updated and distributed electronically to all PLOs and RLOs by the end of March,June, September and December in each year. If members of a Panel are without an email facility,the RSLG is to distribute a hard copy of the Directory to those members.

3.9.11 A current Contact Directory is to be maintained by the NPM for RLOs in the form set out atAnnex A.

3.9.12 The LRM is to nominate annually a RLO from each Service who is to be responsible forupdating the consolidated RLO Contact Directory for that Service on a quarterly basis. Thenominated RLO is to forward the consolidated Directory to the NPM NLT 14 days before the datefor distribution of it to the RSLGs.

3.9.13 RSSRs are to advise their nominated Service RLO of any changes to their Panel NLT thelast day of February, May, August and November in each year. Notifiable changes include newappointments, retirements, promotions, and amended postings and contact details.

3.9.14 DL newsletter. Reserve officers should familiarise themselves with the informationregarding ‘The Buzz’ that appears in section one above (at paragraph 1.8). Personnel shouldfamiliarise themselves with their responsibilities for the submission of information for ‘The Buzz’as detailed in section 1.8.

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3.9.15 Defence Manager’s Toolbox. The Defence Manager’s Toolbox is a useful resource forRLOs and is available on Defence Restricted Network as well as in CDROM form fromInformation Services Division.

3.9.16 TDLS Database. The LRM is responsible for the maintenance and management of RLOpersonnel data on the DL database

3.10 REMUNERATION AND ALLOWANCES FOR TDLS DUTIES

This section is in seven parts:

Part One – Eligibility for DL Duties

Part Two – Allocation of DL Duties

Part Three – Remuneration for DL Duties

Part Four - TDLS Requirements for processing of Training Day Payments

Part Five – Sessional Fee Duties – Guidance for Authorising Officers

Part Six – Sessional Fee Duties – Restrictions

Part Seven – Sessional Fee Duties - Publication

3.10.1 Aim: The aim of this section is to:

a. confirm the requirements in relation to the eligibility of RLOs to perform DL Duties;

b. confirm the procedures in relation to how DL Duties are to be allocated and remunerated;and

c. confirm the administrative requirements in relation to the administration of DL Duties,payments and allowances;

d. provide guidance to Authorising Officers on authorising Sessional Fee Duties;

e. establish procedures to encourage the allocation of Sessional Fee Duties fairly betweenRLOs.

PART ONE - ELIGIBILITY FOR TDLS DUTIES.

3.10.2 RLOs become eligible for payment at reserve training day rate if they are on the Active Listfor their Service (General list for Air Force), or if they have been approved to undertake trainingunder s.32A of the Naval Defence Act 1910, s.50 of the Defence Act 1903 or s.4J of the Air ForceAct 1923.

3.10.3 Members of the Inactive Reserve can only perform TDLS Duties if a 32A or DA 50document has been raised for them.

3.10.4 Div 1 of Part 4 of Chapter 2 of Defence Determination 2000/1 of 6 Jan 00 (“the SessionalFee Determination”) sets out the types of duties for which a sessional fee may be paid (“SessionalFee Duties”).

3.10.5 RLOs are entitled to payment of sessional fees only if:

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a. the RLO is personally eligible to receive sessional fees; and

b. the duties carried out satisfy the work eligibility criteria detailed in the Sessional FeeDetermination.

3.10.6 In summary, two approvals are required before a RLO may be eligible for sessional fees.

3.10.7 The first approval is personal eligibility, i.e., whether the RLO ‘would otherwise be engagedin a private professional capacity as a barrister or solicitor during usual working hours’. Thisrequirement must be approved centrally by DL. All RLOs who believe they are eligible forsessional fees must obtain an approval signed by the DGADFLS. Those RLOs who are eligible andhave not obtained such an approval should forward a minute to the Finance Section, seekingapproval of their individual eligibility for the payment of sessional fees.

3.10.8 The second approval is work eligibility, i.e., whether the provisions of the Sessional FeeDetermination cover the DL Duties being undertaken by RLOs. Under the arrangements forapproval of DL Duties done by RLOs using the forms below, the eligibility of the DL Duties mustbe the focus of the approval by the Authorising Officer.

3.10.9 The rate of payment for the sessional fee is set out in the Sessional Fee Determination. Itshould be noted that DGADFLS determines the rate to be paid to any RLO who is authorised toperform Sessional Fee Duties on one matter for more than 5 days. RLOs should not assume that thefull rate will be paid for Sessional Fee Duties in excess of 5 days. Authorising Officers are notauthorised to give any guarantee as to the amount of the rate until it is determined by DGADFLS oneach occasion.

3.10.10 Requirements for payment of Sessional Fee Duties are dealt with in greater detail inParts Five, Six and Seven below.

PART TWO – ALLOCATION OF TDLS DUTIES

3.10.11 Form R1 is Annex G.

3.10.12 No DL Duties may be performed by an RLO without a Form R1 having first beenraised by an Authorising Officer. The only exception is Tas Region, where the RSSRs perform therole of the Authorising Officer for the purposes of this section in relation to their subordinates,whether a member of the same Service or not.

3.10.13 R1 is the form to be used by every Authorising Officer authorising a RLO toperform DL Duties. Commanders of ships/units/bases/commands to which RLOs may be posted, orfor whom a RLO may perform work, are not authorised to approve DL Duties.

3.10.14 Both sides of the Form 1 should be copied onto a double-sided form, for use byRLOs. The reverse side of the Form R1 contains instructions for completion.

3.10.15 As detailed on the reverse side of the Form 1, the Authorising Officer authorising theDL Duties is to send a copy of the front page of the Form 1 to the Finance Section (Facsimile No.(02) 6265 1521) once it has been issued to the RLO. The immediate purpose of this action is toenable TDLS to keep track of authorisations and, if necessary, to query individual cases. Thelonger-term benefit is to enable budgetary planning, and permit DL to properly manage the fundsfor which it is accountable.

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3.10.16 A RLO will receive payment only if a copy of the completed Form R1 is attached tohis or her claim for payment (Form R2-see Annex H). In this way the authorisation can be verifiedby both the approving Authorising Officer and the Finance Section when the claim relates tosessional fees.

3.10.17 Guidance on the circumstances under which an Authorising Officer should authoriseSessional Fee Duties appears in Part Five of this section.

3.10.18 Duty travel (other than on posting orders) for RLOs should be limited as far aspossible. Accordingly, duties allocated to RLOs that do not involve a posting order should, save inexceptional circumstances, be restricted to those RLOs who live in the area where the duty is to beperformed. Reasons must be given by the Authorising Officer approving out-of-area duty by anRLO.

3.10.19 Accordingly, it will be necessary for each PLO to review arrangements for theprovision of legal aid. If RLOs prefer to see ADF members on non-urgent legal aid during workinghours that is permitted. Payment will be made at the training day rate of pay.

3.10.20 If there is any change in the duty required of a RLO after the issue of an R1, afurther Form R1 is to be completed.

3.10.21 The Authorising Officer must forward every completed Form R1 to the RLO.

3.10.22 The Finance Section records all details from Form R1 into its database; and analysespotential demand/supply trends in relation to the requesting office/officer and RLO serviceprovider; categories of authorised duties; amount of time requested; and an estimate of expenditure.The Finance Section is to provide monthly reports to DL management.

PART THREE - REMUNERATION FOR TDLS DUTIES

3.10.23 RLOs are remunerated on two bases. First, by payment at training day rates, andsecondly, through payment of the sessional fee for Sessional Fee Duties. The sessional fee isestablished as “Defence Determination 2000/1 of 6 January 2000”. A copy of the Determination isat Annex E.

3.10.24 Training day rates are payable for all duties other than Sessional Fee Duties.Training day rates apply to all RLOs according to their rank and classification. RLOs are able toidentify current rates of pay through the following internet website:

www.defence.gov.au/dpe

3.10.25 On the right hand margin click on “Pay Conditions, Personnel Policy & HumanResources”. This site will also be of assistance in determining correct pay scales in DFDA matters.

3.10.26 Guidance on the payment of fees for Sessional Fee Duties appears in Part Five, Sixand Seven of this section.

PART FOUR - DL REQUIREMENTS FOR PROCESSING OF TRAINING DAYPAYMENTS

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3.10.27 This part sets out the procedure for payment for DL duties other than sessional feesduties.

3.10.28 In order to simplify the payment of training days for Financial Year 2003/2004 andinto the future all claims for payment for DL Duties are processed through Finance Section.

3.10.29 All claims for training day payments must be lodged on a Form AB157 (ReserveAttendance Diary) and certified by the Authorising Officer who authorised the DL Duties. A copyof Form AB157 is annexed at Annex I. Any claim for payment for DL Duties must also have theauthorising R1 (see Annex G).

3.10.30 The specific hours worked on each day claimed are to be listed on the form, forexample 0930-1415 Monday 15 Jul 02. This is particularly important when duty at sessional andtraining rates are claimed on the same day. It should be noted that the periods for which payment attraining day rates can be made to RLOs are as follows:

a. more than 1hr but less than 2 hrs is 1/6 of a day

b. more than 2hrs but less than 3hrs is 1/3 of a day

c. more than 3hrs but less than 6hrs is ½ of a day and

d. 6 hours or more is a day.

Once the Authorising Officer has signed the claim it is sent by the Authorising Officer to the DLFinance, Department of Defence, RGC-3-157, Canberra ACT 2600.

3.10.31 Authorising Officers should ensure that all RLOs and paralegal staff are aware of thepay cut off dates each month and that all claims are forwarded to DL in a timely manner. Aschedule of the Cut Off Dates is published annually by the Finance Section. All claims for paymentat training day rates should be forwarded as soon as work on each matter is completed. For exampleif the R1 authorises 3 days at sessional rate for a DFM and 3 days at training day rate forpreparation, the claims for both sessional and training days should be forwarded by the RLO to theAuthorising Officer at the same time.

3.10.32 In addition, (for Army) DLSis to be notified of RLOs who have a current DA 50 forFY04/05 and notified every time a new DA 50 is raised. This will ensure that an activity code isallocated and that claims can be processed as soon as they are received.

3.10.33 The contact person for enquiries about these procedures is the Finance Manager MsShani Kercher on 02 6266 8929.

PART FIVE - SESSIONAL FEE DUTIES – GUIDANCE FOR AUTHORISING OFFICERS

3.10.34 The Sessional Fee Determination sets out the Sessional Fee Duties.

3.10.35 Part 2.4.2 of the Sessional Fee Determination provides that Sessional Fee Dutiesinclude the following duties:

(“Assisting Duties”)

a. appearing as assistant prosecutor or assistant defending officer in a Court-Martial or beforea Defence Force Magistrate; or

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b. assisting a legal practitioner or lawyer who is appearing for the CDF, a Service Chief or aperson authorised by a president or appointing authority to appear before a General Court ofInquiry, a Board of Inquiry or a combined Board of Inquiry;

c. assisting a legal practitioner or lawyer who is appearing to assist a General Court of Inquiry,a Board of Inquiry or a combined Board of Inquiry;

(“Advice to Commander”)

a. providing legal advice concerning the duties of the Commander to the Commander of partof the Defence Force;

(“Advice to Member”)

a. providing legal advice to a member of the Defence Force.

3.10.36 Para 2.4.3(a) of the Sessional Fee Determination requires that for a sessional fee tobe paid, amongst other things, the CDF must have approved the relevant duties. In most cases, theauthority of the CDF to approve duties for the purpose of para 2.4.3 of the Sessional FeeDetermination will have been delegated to the Authorising Officer who requests the performance ofthe duty.

3.10.37. This part of these SOPs provides guidance to Authorising Officers on:

a. the circumstances under which; and

b. the extent to which,

they should authorise payment of a sessional fee in the circumstances referred to in this part.

3.10.38 Assisting Duties. A sessional fee should not be approved for Assisting Duties wherethe main reason for appointing an assistant is to provide training for the assistant. In those cases,the assistant should be paid at the training day rate.

3.10.39 Advice to Commander. In most cases Authorising Officers should authorisepayment of a sessional fee for any formal written advice to a commander or for advice which isrequired on an urgent basis. Generally, payment of a sessional fee should not be authorised wherethe advice is routine advice or advice on a minor matter and is not required on an urgent basis.

3.10.40 Advice to Member. Payment of a sessional fee should not generally be authorised inthe following circumstances:

a. for preparation of wills or powers of attorney;

b. for advice given to members in a legal aid clinic type situation, whether that advice is aboutmilitary or civilian matters; and

c. for any advice given to members about civilian matters, other than urgent matters having adirect adverse impact on the member’s ship/unit/base/command.

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3.10.41 Payment of a sessional fee may be authorised where an RLO sees a Defence memberon other than a casual basis for the dedicated purpose of giving the Defence member legal advice onan urgent, complex or sensitive military matter, or on a civilian matter having a direct adverseimpact on the members ship/unit/base/command.

PART SIX – SESSIONAL FEE DUTIES – RESTRICTIONS.

3.10.42 In addition to the requirements of the Sessional Fee Determination, these SOPsprovide for some restrictions on the allocation of Sessional Fee Duties.

3.10.43 It is important that Authorising Officers recognise the need to fairly allocateSessional Fee Duties between RLOs who may appropriately perform those duties. This servesmany purposes including:

a. enhancing equity between RLOs;

b. broadening the resource base available to ADF by allowing a greater number of RLOs togain relevant experience; and

c. minimising the risk of allegations of cronyism.

3.10.44 An Authorising Officer must not allocate a Sessional Fee Duty to a RLO (and thatRLO must not accept a Sessional Fee Duty from the Authorising Officer) after that RLO hasperformed Sessional Fee Duties for a period in excess of thirty (30) days in any financial yearwithout first complying with the provisions of this Part Six of this SOP. This restriction does notapply to duty allocated to a Judge Advocate, Defence Force Magistrate or Section 154 ReportingOfficer.

3.10.45 RLOs are responsible for keeping themselves informed of the number of days spentin the performance of Sessional Fee Duties in each financial year. An Authorising Officer, beforeallocating a Sessional Fee Duty to a RLO, should satisfy themselves (including, where appropriateby requiring the RLO to confirm in writing) that the RLO has not at that time performed SessionalFee Duties for a period in excess of 30 days in that financial year.

3.10.46 An Authorising Officer wishing to allocate a Sessional Fee Duty to an RLO coveredby this Part Six may only do so if:

a. the need to do so outweighs the interests of the ADF in having Sessional Fee Dutiesallocated fairly between other RLOs who may appropriately perform those duties; and

b. the Authorising Officer first obtains the approval in writing of the NPM to the allocation ofthose duties.

3.10.47 The request for approval must be made in writing or, in urgent cases, may be madeverbally but must be confirmed in writing. A copy of the written request/confirmation must beforwarded by the Authorising Officer to the RSSR in the Authorising Officer’s Region.

3.10.48 The request from the Authorising Officer must set out the basis on which theAuthorising Officer is of the opinion that the requirements of para 46(a) are met.

3.10.49 In considering a request under this part, the NPM must:

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a. consult with the RSSR in the Region where the Authorising Officer making the request isposted; and

b. have regard to whether the need to allocate the Sessional Fee Duty to the relevant RLOoutweighs the interests of the ADF in having Sessional Fee Duties allocated fairly between otherRLOs who may appropriately perform those duties.

3.10.50 In dealing with a request under this part, the NPM may:

a. approve the request;

b. reject the request; or

c. approve the request on such conditions as the NPM sees fit.

PART SEVEN – SESSIONAL FEE DUTIES – PUBLICATION

3.10.51 As soon as practicable after the end of each financial year, the NPM must publish ina manner which the NPM sees fit, a disclosure document (the “Annual Sessional Fees Report”) inaccordance with this Part.

3.10.52 The Annual Sessional Fees Report must:

a. be generally in the format of the table set out in para 2.14 e. of the Reserve Review Report;

b. not identify individual RLOs;

c. be available for distribution to all RLOs; and

d. must, in addition to disclosing payment of sessional fees, include particulars of any otherremuneration, compensation or expense reimbursement arrangement entered into with any RLOwhich is in addition to or in lieu of payment of either a sessional fee or payment at the training dayrate.

- VMRR-1/4/4 -

SECTION FOUR

MILITARY BAR

TBA

SECTION FIVE

CIVILIAN PERSONNEL

5.1 CONDITIONS OF SERVICE

5.1.1 The conditions of civilian employment are detailed in the Defence EmployeesCertified Agreement (DECA). For details of flex-time, leave and the civilianperformance framework scheme please refer to the DECA, which can be found byfollowing the links from the DPE site on the DEFWEB, or by contacting the LOM.

5.2 CIVILIAN PERFORMANCE FRAMEWORK SCHEME

5.2.1 All permanent employees from APS1 to Executive Level 2 are required tonegotiate a ‘plan on a page’ with their supervisor. This framework arises from the2000-2001 DECA. Further details can be found by following the link from the DPEsite on the DEFWEB or by contacting the LOM.

5.2.2 The aim of the framework is to provide a clearer link between individualperformance and organisational priorities, in addition to improving developmentopportunities and increasing the opportunities for communication between employeesand their supervisors.

5.2.3 Further information on the Civilian Performance Framework is available at:http://defweb.cbr.defence.gov.au/cpf/

5.3 GENERAL

5.3.1 DL Senior Civilian Staff Adviser to DGADFLS is the GC. The GC is availableto provide advice on human resource issues covering civilians to DL civilian membersand can be contacted through the EA GC (02) 6265 1539 R8-2-004.

SECTION SIX

AMENDMENT

6.1.1 This Quality Policy and Procedures Manual is created and controlled by theNational Practice Manager (02) 6266 8897, RGC-3-114. Any errors or omissions alongwith any proposed amendments should be forwarded to the NPM.

6.1.2 The manual is to be reviewed:

a. every 18 months by a review committee established for that purpose; or

b. otherwise at the direction of DGADFLS

6.1.3 The review committee is to comprise HOCs or their nominees, NPM, LRM anda RLO from each Service appointed by the LRM, or a person nominated to undertakethe duties of the committee. Within one month of the completion of the review by thecommittee all proposed recommendations are to be sent to all RSLGs for comment.All submissions by the RSLGs are to be presented to the committee within six weeks.Within two months of receipt of the submissions, the committee will consider andprepare its final report, and then submit its recommendations to DGADFLS.