ii
CONTENTS
DOCUMENT HISTORY iii
GLOSSARY iv
REFERENCES v
PREFACE vi
1 OVERVIEW 1
2 GENERAL COURSE INFORMATION 5
3 LEGAL TRAINING MODULE 1 (LTM1) 9
4 LEGAL TRAINING MODULE 2 (LTM2)—GRADUATE CERTIFICATE IN
MILITARY LAWS 12
5 JOINT OPERATIONS LEGAL TRAINING (JOLT) 13
6 LEGAL TRAINING MODULE 3 (LTM3)—GRADUATE DIPLOMA OR
MASTERS OF MILITARY LAWS 15
7 LEGAL TRAINING MODULE 4 (LTM4)—LEGAL PRACTICE
MANAGEMENT 17
8 MLC ASSESSMENT MANAGEMENT AND RECORD KEEPING POLICY 18
iii
DOCUMENT HISTORY
Version Date Status Generated by Description of Changes
1.0 May 2020 APPROVED MAJ Sean Flynn Complete re-write
Insert JOLT Chapter
iv
GLOSSARY
ADF – Australian Defence Force
ADELE – Australian Defence Electronic Learning Environment
ANU – Australian National University
BoS – Board of Studies
DGMLS – Director General Military Legal Service
DIPCML – Director ADF Indo-Pacific Centre for Military Law
DMLC – Director Military Law Centre
DPN – Defence Protected Network (previously known as the DRN)
DTBC – Defence Travel Budget Calculator
HOC – Heads of Community (Navy)/Corps (Army)/Category (RAAF), being Director of
Navy Legal Service (DNLS), Director of Army Legal Service (DALS) and Director of Air
Force Legal Service (DAFLS) respectively.
IPCML – ADF Indo-Pacific Centre for Military Law
LO CPDC - Legal Officer Career Development and Progression Committee
LOSOCS – Legal Officer Specialist Officer Career Structure
LL – Legal Competency Level
LTM – Legal Training Module
MLC – Military Law Centre
PLO – Permanent Legal Officer
RLO – Reserve Legal Officer
RPL – Recognition of Prior Learning
TCO – Training Coordination Officer
TDO – Training Development Officer
TPR – Training Progress Report
UoA – University of Adelaide
v
REFERENCES
Policy
a. ADF Legal Officers Specialist Officer Career Structure (LOSOCS) Policy
Web links
a. Australian Defence Electronic Learning Environment (ADELE): www.adele.edu.au
b. Australian National University: https://www.anu.edu.au/
c. Graduate Certificate of Military Law:
https://programsandcourses.anu.edu.au/2021/program/CMILL
d. Graduate Diploma of Military Law:
https://programsandcourses.anu.edu.au/2021/program/DMILL
e. ADF Indo-Pacific Centre for Military Law:
Internet: http://www.defence.gov.au/legal/mlc.asp
Intranet: http://drnet.defence.gov.au/AssociateSecretary/DLD/DGADF/Directorates/P
ages/Indo-Pacific-Centre-For-Military-Law.aspx
f. Legal Officer Career Management:
https://www.defence.gov.au/Legal/CareerManagement/
g. LOSOCS Policy:
https://www.defence.gov.au/Legal/CareerManagement/losocspolicy.asp
h. LOSOCS Policy Decisions:
https://www.defence.gov.au/Legal/CareerManagement/advancementLegalLevels.asp
i. LTM 1 Consolidation Tasks:
https://www.defence.gov.au/Legal/CareerManagement/consolidation.asp
j. Master of Military Law:
https://programsandcourses.anu.edu.au/2021/program/7316XMMIL
k. Military Law Centre:
Internet: http://www.defence.gov.au/legal/mlc.asp Intranet: http://drnet.defence.gov.au/AssociateSecretary/DLD/DGADF/Directorates/Pages/
Military%20Law%20Centre.aspx
l. PACMAN: https://www.defence.gov.au/PayAndConditions/default.asp
m. QANTAS Business Travel: https://www.portal.qbt.travel/
n. Travel Connect: http://drnet/dfg/Travel/Pages/default.aspx#
o. University of Adelaide: https://www.adelaide.edu.au/
vi
PREFACE
This Handbook provides general information to Australian Defence Force (ADF) Legal
Officers (LOs) on the training courses conducted by the Military Law Centre (MLC). It
details the panelling policies, course administrative requirements and general guidance
concerning student failure management. For Legal Training Module (LTM) courses, this
document should be read in conjunction with the Legal Officer Specialist Officer Career
Structure (LOSOCS) Policy.
Background. In 1999, the Defence Force Remuneration Tribunal (DFRT) formally
recognised ADF LOs as legal specialists, and approved the establishment of a specialist career
and pay structure for ADF LOs based on legal competency as well as rank. As a consequence,
the LOSOCS professional development scheme was designed, with recognised performance
standards, to maintain and encourage further development of legal expertise during a LO’s
career.
The scheme has evolved and ADF LOs now attain demonstrated levels of competency
through the completion of specific academic and vocational LTM courses, as well as other
experiential criteria, such as time in legal roles and demonstration of management skills. LO
training commences with an introductory LTM1 course with its associated Consolidation
Tasks. Completion of LTM1 is followed by further vocational and academic training through
completion of various LTM2 and LTM3 courses. These courses provide academic post-
graduate qualifications, while also progressing LOs through the Legal Competency Levels
(LLs) in accordance with the LOSOCS Policy.
ADF LO Training at the MLC. The LTMs are just one part of ADF LOs’ ongoing
professional development. There will be various posting opportunities and other single
service and legal training opportunities throughout a LO’s career, which are an integral part of
their professional development. It is therefore important that LOs consider their level of
experience when seeking to nominate for LTM2 and LTM3 courses. These courses are
intended to equip LOs with the requisite legal knowledge required to perform their role,
functions and responsibilities in the ADF, complementing and adding academic rigour to
knowledge gained in the workplace (both military and civilian). LOs are able to undertake
IPCML courses and will gain most benefit from those that are aligned with their relevant
postings, military training, and experience.
Continued postgraduate study of law enhances professional development of LOs and provides
meaningful intellectual challenges and rewards. ADF legal training provides opportunities to
develop valuable professional networks and contribute to the growing scholarship in the
respective areas of law in which all ADF LOs practice, for the benefit of the Military Legal
Service and the ADF.
SCA Lambert
Colonel
Director, Military Law Centre
13 May 2020
1
1 OVERVIEW
Introduction
1.0 This handbook has been designed to provide Legal Officers (LOs) with guidance,
intended expectations and the general administrative requirements of MLC administered
courses as LOs progress through their military careers. These training requirements are set by
the Legal Officers’ Career and Professional Development Committee (LO CPDC) and
reflected in the Legal Officer Specialist Officer Career Structure (LOSOCS) Policy.
1.1 LOSOCS is administered by the Legal Officers’ Career and Professional
Development Committee (LO CPDC), which grants Legal Competency Levels (LLs), ranging
from LL1 to LL5. A description of LOSOCS and the role of the LO CPDC is provided in the
LOSOCS Policy, available on the ADF Legal Officer Career Management website. All LOs
should read the LOSOCS Policy and associated LO CPDC decisions after reading this
Handbook.
1.2 Precedence. The LOSOCS Policy and associated LO CPDC decisions are
authoritative and override this Handbook where inconsistencies may arise. Similarly, most
MLC courses have joining instructions, which outline the administrative processes specific to
that particular course/subject, which may at times also differ from the requirements in this
Handbook.
a. The requirements in the 25 July 2019 version of the LOSOCS Policy is reflected
within this handbook.
Role of the Military Law Centre
1.3 The Director General Military Legal Services (DGMLS) has determined that the
MLC has primary responsibility for the co-ordination, formulation and delivery of the legal
education and training necessary for the professional development of LOs in the ADF.
1.4 The MLC’s contact details are:
a. Physical address:
Military Law Centre
Victoria Barracks Sydney, Building 113
34A Moore Park Road, PADDINGTON NSW 2022
b. Postal address:
Military Law Centre, Victoria Barracks-Sydney, Building 113
Locked Bag 7005
LIVERPOOL NSW 1871
c. Telephone: +61 2 8335 5627
d. Email: [email protected]
2
Legal Training Modules (LTM)
1.5 The LTMs provide the requisite formal education and training to progress through
the corresponding LLs.1 Only LOs who are members of the LOSOCS are eligible to
undertake LTMs, unless they are authorised by the LO CPDC to undertake LTM1 prior to
being formally accepted into LOSOCS.2
1.6 The LOSOCS Policy contains a detailed explanation of each LL and requirements
for progression. At each LL, a LO is expected to complete the associated LTM as part of the
education/training requirement to advance in LL. Currently, the Australian National
University (ANU) and the University of Adelaide (UoA) consortium have the contract to
deliver the LTM2 and LTM3 subjects to ADF LOs.
1.7 In summary, the education/training requirements during each LL are:
a. LL1-LTM1. LOs should complete LTM1 at the earliest opportunity after
completion of relevant single service initial officer training.3 LTM1 consists of a
two-week residential course and a number of consolidation tasks to be completed
within 18 months of the residential course.
b. LL2-LTM2. LOs must satisfactorily complete each LTM2 education/training
component. LTM2 consists of four subjects, conducted through the ANU and UoA
consortium. Successful completion will result in the award of a Graduate Certificate
of Military Law.
(1) LTM2 subjects are conducted every year at ANU, through the ANU and UoA
consortium contractual arrangement, and will generally be of five days
duration and delivered through an intensive residential format. Dates and
timings for these courses are detailed on the MLC website.
(2) The required subjects for the Graduate Certificate of Military Law are:
(i) Military Discipline Law
(ii) Military Operations Law
(iii) Military Administrative Law
(iv) Military Legal Practice
c. LL3-LTM3. There are two facets to LTM3 subjects – the core subjects and elective
subjects. The academic criteria required for LL3 LOs differs for permanent and
reserve officers.
(1) Reserve Legal Officers. Reserve LOs will complete the core LTM3 subjects
at Commonwealth expense and will be awarded a Graduate Diploma of
Military Law by ANU upon successful completion.
1 The LOSOCS Policy provides a description of each legal competency level and the process of progression
between levels. 2 LOSOCS Policy details the process for this. 3 In exceptional circumstances, the LTM1 course may be undertaken before single service initial officer training
has been completed.
3
(2) Permanent Legal Officers. Those permanent LOs without an existing
Master’s degree are required to complete both the core and elective subjects in
order to complete the Master of Military Law degree. Those permanent LOs
with a prior Master’s degree, are only approved to complete the core subjects
for an award of a Graduate Diploma of Military Law at Commonwealth
expense.
(3) Core LTM3 subjects. These core subjects are conducted biennially at ANU
by an ANU and UoA consortium and will generally be of five days duration
and delivered through an intensive residential format. Dates and timings for
these courses are detailed on the MLC website.
(4) These core subjects are:
(i) Advanced Military Discipline Law
(ii) Advanced Military Operations Law
(iii) Advanced Military Administrative Law
(5) Elective subjects. Satisfactory completion of the Master of Military Law
program is determined by ANU and students must comply with their
educational requirements. All elective subjects that students wish to undertake
must be pre-approved by the Director Military Law Centre (DMLC).
(i) LTM3 elective subjects are conducted at either ANU or UoA during
their normal teaching semesters. LOs should review the respective
universities website for timings and teaching format.
(ii) A list of pre-approved elective subjects are displayed on the MLC
website.
d. LL4. LOs at LL4 may undertake a management-related qualification covering
practical issues for senior managers in a professional workplace. A list of LO CPDC
approved management course is contained on the ADF Legal Officer Career
Management website page.
LO training progression
1.8 The LOSOCS Policy provides guidance on the expected LO training progression.
This guidance is represented below at Table 1.1. This should be read in conjunction with the
LOSOCS Policy and individual service requirements.
Table 1.1: Indicative Legal Officer training progression
Years in
Service
Legal Officer Specialist Training
(mandated by LOSOCS)
Other Training
(not mandated by
LOSOCS)
1 LL1: LTM1
LL2: LTM2 – one or two subjects Initial Entry Officer Training
4
2 LL2: LTM2 – two subjects Single Service promotion
prerequisite training
Joint warfare training
Joint Operations Legal
Training
3
LL2: Any remaining LTM2 subjects not
previously completed
LL3: LTM3 – one or two subjects
4 LL3: LTM3 – two subjects
5 LL3: LTM3 – two subjects Single Service promotion
prerequisite training
Joint warfare training
Command and Staff college
6 LL3: LTM3 – two subjects
7 LL3: Any remaining LTM3 subjects
8 LL3: Any remaining LTM3 subjects
1.9 This expected training takes into account the required consolidation of training
gained through practical experience, and recognises that the ADF has an interest in staggering
training so that it is received at appropriate points in a member’s career.
1.10 It is anticipated that Reserve Legal Officers (RLO) will advance through the training
continuum at a slower pace in accordance with their part-time exposure to ADF LO duties.
1.11 While LO can nominate for multiple subjects throughout a year, LOs should not
expect to undertake more than two LTMs in a calendar year.
Additional training courses
1.12 In addition to the LTM courses, the MLC conducts a number of other courses for
ADF LOs including the Joint Operations Legal Training (JOLT) course, Maritime Security
Operations Law Training (MSOLT) course, and the Advanced Inquiry Officer Course
(AIOC).
1.13 Additionally, the IPCML conducts a number of legally focused courses to both Legal
and General Service Officers from the ADF and Internationally. These courses include the
following, which are usually conducted annually;
a. Law of Peace Operations Workshop (LOPO)
b. Rules of Engagement Workshop (ROEW)
c. Maritime Operations Law Course (MOLC)
d. Maritime Security Cooperation Workshop (MSCW)
e. Cyber Law and Emerging Technology Workshop (CLETW)
f. Command and Staff Operations Law Course (CSOL).
1.14 None of the above courses are mandated by LOSOCS, but all are potentially
advantageous for a particular LO’s career or professional development.
1.15 LOs interested in obtaining more information and participating in an IPCML course,
should refer to the IPCML Training Handbook.
5
2 GENERAL COURSE INFORMATION
Nominations
2.0 Nominations for LTM courses are to be actioned by the individual LO using the
relevant MLC Nomination form available from the MLC website and email their nomination
to [email protected]. There will be no “call for nomination” regarding these
courses, therefore LOs should refer to the MLC website for dates regarding these courses.
LOs are to obtain the approval of their Supervisor prior to submitting a nomination.
2.1 Nominations for other MLC courses will generally occur directly from Heads of
Category (HOC). HOCs may disseminate calls for nominations within their respective
Services and prioritise applicants from their respective Services.
2.2 Nominations for the Advanced Inquiry Officer Course (AIOC) will generally be
conducted by DEFGRAM.
Panelling
2.3 The DMLC is the Panelling Authority for all MLC courses, which includes all LTM
subjects.
2.4 DGMLS is the funding approval authority for all elective subjects undertaken to
complete a Master of Military Laws.
2.5 DMLC does not guarantee placement on any specific course.
a. For MLC courses, DMLC will panel students based on financial constraints, purpose
of the course and information contained within the members submitted
Nomination/Expression of Interest. DMLC may seek input from other Directors as
required.
b. For LTM courses, DMLC will panel students based upon the principles stipulated by
the LO CPDC and reflected in the LOSOCS Policy.
(1) DMLC may seek input to nominations and panelling from the DGMLS and
respective HOC.4
(2) In exceptional circumstances, DGMLS may direct the panelling authority in
respect of panelling decisions, and in this regard, DGMLS has the discretion to
make decisions that are not in accordance with the panelling criteria.
2.6 Maintain current contact details. It is the LO’s responsibility to ensure they check
and keep current all personal details on PMKeyS, the Defence Corporate Directory and also
with the respective University (ANU and/or UoA). This will ensure efficient communications
with members regarding panelling, enrolment and general administrative requirements.
a. ANU and UoA will communicate with students through their respective university
email addresses.
4 For example, Service need for attendance on JOLT or LOs identified for operational deployments that require
completion of the LTM2 and/or LTM3 Operations Law course, may be given a higher priority over LOs of
similar or greater seniority.
6
b. MLC will communicate with members via the email address provided in the relevant
nomination form.
2.7 Joining Instructions. A Joining Instruction will be sent to the provided email
address of all students panelled on a course. Any required forms will be attached. Joining
Instructions will normally be sent at least three weeks prior to course commencement.
Students who have not received a Joining Instruction within three weeks of course
commencement should contact the MLC by email to: [email protected].
a. Members are to comply with the directions and requirements contained within the
Joining Instruction in the event there are any inconsistencies between the Joining
Instruction and this Handbook.
Study Commitment
2.8 Study Leave. Most MLC and LTM courses require members to undertake study
and/or assessments outside the course residential period. The LOSOCS Policy provides
direction regarding the approved leave periods for both Reserve and Permanent LOs. In
summary the LO CPDC has approved:
a. Reserve Legal Officers.
(1) LTM1: Students may claim up to two training days for pre-course reading, and
nine days for LTM1 Consolidation Tasks.
(2) LTM2/3: Students may claim up to three training days per course for study and
examinations, or the completion of a paper. RLOs must ensure they have the
requisite Reserve Service Days (RSD) allocated and an R1 form signed prior to
commencing studies. All attendance diaries must be submitted to MLC for
authorisation within three weeks of completing a course.
(3) If students believe they require additional RSD, they may request further days
from DMLC, detailing why they require the additional time.
b. Permanent Legal Officers. Permanent LOs will need to seek approval for study
leave through their chain of command. When determining the amount of short leave
to be approved, the timings indicated above may be used as a guide by Commanders.
2.9 Decision to release LOs for training. The decision to release LOs for legal training
lies with the member’s workplace. In general, Commanders/managers/supervisors will take
into account unit requirements and attendance at major exercises or deployments, which are
equally critical for professional development and progression. When applying to be released
for courses, LOs should also advise their commanders of study and assessment requirements
to ensure the commander is fully apprised of the scope of the commitment.
2.10 Joint and single-Service warfare and professional education courses are also essential
for career development. Accordingly, other service requirements may mean LOs are released
for less subjects per year than suggested in Table 1.1 above.
2.11 Completion of more than two legal training subjects in one year, whilst permissible,
should not be considered normal, but rather an exception for specific service
needs/requirements.
7
Academic Administration
2.12 Enrolment at University. Once a LO has been approved to commence their LTM2
subjects, LOs will be responsible for their own enrolment with ANU. LOs are responsible for
complying with all applicable ANU enrolment requirements. This can be commenced by
contacting:
a. ANU College of Law: (02) 6125 3965 or [email protected]
2.13 If a LO has been approved to undertake a subject at UoA, they will be responsible for
their own enrolment with UoA. LOs are responsible for complying with all applicable UoA
enrolment requirements. This can be commenced by contacting:
a. Adelaide Law School: (08) 8313 5063 or [email protected]
2.14 Withdrawal from course. Where a LO is approved to attend training, and is then
subsequently withdrawn due to service reasons, it is requested that the chain of command
advise DMLC via email to: [email protected]. This email may be used as evidence
to support a later request for priority on legal training courses, or a request for payment of a
‘repeat’ subject at Commonwealth expense.
2.15 If a LO must withdraw from a course for personal reasons, they are to notify MLC as
soon as practicable.
2.16 LOs must be aware that any withdrawal from a University subject will need to
comply with the additional administrative processes and timelines imposed by that University.
In exceptional circumstances, the LO may seek support and assistance from MLC when
communicating with their University regarding withdrawals.
Defence expectations of students
2.17 Advancement through the LLs is dependent upon successful completion of the
courses and courses are therefore in high demand. The courses are normally restricted to 25
students, comprising both PLO and RLO from all Services.
2.18 All courses are pitched at a post-graduate level and students are expected to dress
and behave maturely in a manner consistent with the standard expected of an ADF member.
The adult learning environment and any observations of other standards on campus does not
alter the standard expected of an ADF member. The courses play a significant role in
continuing professional development and a professional approach to learning is expected.
This includes avoiding the intrusion of electronic communications and giving presenters the
attention they deserve in accordance with professional courtesy.
2.19 Consistent with the academic nature of these courses, students are expected to
complete the preliminary reading and ensure they understand and follow the instructions for
assessment in a timely manner as required by the ANU and UoA. The courses are rigorously
assessed and attendance alone is insufficient to meet the requirements of the universities or
the expectations of the ADF/MLC.
2.20 Plagiarism, collusion and cheating policy. Defence and the MLC treat all integrity-
related breaches of training standards very seriously, including but not limited to plagiarism,
collusion, cheating, and inappropriate or unacceptable behaviour. Any integrity-related
8
breaches, either on course or during pre-course or post-course activities, course assessments
and consolidation tasks, may be subject to disciplinary action and/or military administrative
action.
2.21 When undertaking MLC-sponsored university subjects, members are to accord with
relevant university plagiarism policies. If a breach of these policies occurs, internal ADF
administrative or disciplinary action may result, irrespective of whether the relevant
institution imposes a sanction or punishment.
Recognition of prior learning (RPL)
2.22 There is a distinction between the academic qualifications awarded by the ANU and
the progression of legal officers in LLs under LOSOCS.
a. Academic RPL. As ANU awards the academic qualifications for the LTM2 and
LTM3 programs, a student wishing to obtain RPL must satisfy the requirements of
ANU.
b. LOSOCS RPL. The LOSOCS Policy sets out the process of RPL for LOSOCS
purposes.
2.23 Approval by one does not automatically mean RPL approval in the other. LOs
should treat RPL applications as completely separate processes.
Sharing of student information
2.24 The Australian Privacy Principles (APPs) contained in Schedule 1 of the Privacy Act
1988 (Privacy Act), regulate how Defence, as an APP entity, collects, holds, uses and
discloses personal information. The MLC is bound by the Defence Privacy Policy.5
2.25 In order for LTM2 and LTM3 to be delivered by ANU and UoA, MLC needs to
share certain personal information about students to those universities. Such information may
include such things as contact details, course enrolments, discontinuations, attendance,
performance, and academic results.
2.26 MLC may provide such records and personal information to relevant Department of
Defence agencies, including the LO CPDC, the relevant service career management agencies
and Heads of Category/Corps/Community.
2.27 Both ANU and UoA will provide the MLC with copies of assessments submitted by
students which obtain a mark of ‘High Distinction’. The MLC may make these assessments
available as a resource to the Defence Legal officer community for Defence purposes.
2.28 Sharing of information will also include the provision of personal information to any
other external organisation the LO may wish to undertake Commonwealth sponsored training
with.
5 https://objective/id:AB23392727
9
3 LEGAL TRAINING MODULE 1 (LTM1)
3.0 Purpose. LTM1 is an introductory course for new ADF LOs, providing them with a
foundation level understanding of what military law is and how to provide advice within the
ADF. It aims to provide LOs with the requisite skills and knowledge to undertake the role of
an ADF LO at LL2.
3.1 Conduct. LTM1 is normally held once a year and is comprised of three phases:
a. Preparation phase. Students are required to establish relevant ICT accesses and
complete assigned pre-reading and preparation for several course modules. At least
two days should be allocated to achieve this, in advance of the residential phase.
b. Residential Phase. A two-week residential component conducted at the MLC by
MLC staff and visiting instructors. This will consist of four modules, culminating in
a final assessment day. The modules are:
(1) Operations Law
(2) Administrative Law
(3) Discipline Law
(4) Military Legal Practice.
c. Consolidation Phase. A series of post-course Consolidation Tasks.6 These tasks are
designed to consolidate learning undertaken during the residential phase. The
consolidation tasks cannot be completed prior to the residential course without prior
DMLC permission. It is unlikely permission will be given within six months of an
LO commencing their residential course.
3.2 Outcome. Upon completion of LTM1 has been obtained, a LO is entitled to apply to
LO CPDC to progress to LL2. Once a LO progresses to LL2 they will be entitled to
undertake the duties as detailed in the LOSOCS Policy.
a. In summary, they will be expected to perform with a limited increase in autonomy to
provide advice to Command, and provide independent legal aid and legal assistance
(including power of attorneys and wills) to ADF members. They will also be
expected to take responsibility for their own professional development and
maintenance of competency within the LOSOCS Policy.
b. They will continue to contribute to the output of their office at the level appropriate
to their skill and experience, as determined by their Supervisor.
3.3 Attendance on the two-week residential course allows LOs to meet and establish
networks with other PLOs and RLOs from other Services, including senior PLOs from
Defence Legal.
6 Consolidation Tasks is Annex A to the LOSOCS Policy.
10
Panelling Criteria
3.4 Students. Student panelling criteria is contained within the LOSOCS Policy.
3.5 Observers. Where panel size permits, DMLC may panel APS Legal Officers,
paralegals or other personnel as observers on the course. All travel costs will need to be
funded by the members’ unit/section. Where there are more observers nominating than
positions available, DMLC will determine observer prioritisation in accordance with
service/organisational needs. Observers will not be awarded the LTM1 proficiency.7 This is to
avoid a situation where an observer attempts to complete LTM1 prior to joining the ADF and
LOSOCS.
Academic requirements
3.6 Preparation phase. The Joining Instruction for the course will provide information
on the pre-course reading and any pre-course assessments. The total estimated time required
to complete the essential pre-course reading and assessments is two days.
3.7 Students will need to arrange to access the Defence Protected Network (DPN) and
will need to create an Australian Defence Electronic Learning Environment (ADELE)
account8 for a significant portion of the pre-course reading and assessments—including the
conduct of the residential phase.
3.8 Students’ answers will be marked and there will be the opportunity to seek feedback.
However, students’ marks for pre-course activities will not form part of the final result for this
course, unless answers manifestly demonstrate the lack of a genuine attempt.
3.9 Residential Phase. The residential phase is very intensive. Students should not
expect to undertake any non-LTM1 work during the residential phase. Students are to ensure
that work commitments, travel arrangements, and/or personal commitments do not interfere
with attendance. Lateness or absence from course sessions will not be tolerated, except where
a medical certificate is provided. Students should ensure supervisors understand their
commitment and do not task their members while undertaking LTM1.
3.10 There are several exams throughout the residential phase and students are expected
to study in the evenings and over the weekend in preparation. Facilities will be provided to
allow students to study during weekday evenings.
3.11 Assessment.
a. Residential Phase. The LTM1 course assessment is comprised of multiple open-
book examinations conducted at the end of each component of the course. An
intensive final assessment day will assess all modules taught throughout the course
and will require students to complete multiple concurrent assessment tasks.
b. Students will be required to pass all components of the assessments in order to pass
the residential phase and to progress onto their consolidation tasks.
7 Applications for an exception may be made to DMLC, but will only be considered in extreme circumstances. 8 Requires users to use their DPN email address to register. Users must use Google Chrome or Microsoft Edge
to access ADELE.
11
c. Consolidation Tasks. The LTM1 Consolidation Tasks are reviewed and approved
by the LO CPDC and reflected in the LOSOCS Policy. Consolidation tasks are not
to commence until after the completion of the residential phase.9
(1) These tasks are designed to expose students to the practical aspects of the
material covered during the residential phase. This is so students understand
not only the theory, law and policy, but also how their respective Service
implements this in practice.
d. Tasks are to be completed within 18 months of the conclusion of the residential
phase. Once respective supervisors have reviewed the tasks, student are to send a
copy of the completed consolidation tasks to MLC ([email protected]) for
review and sign off.
e. DMLC is the approval authority for deeming LTM1 has been completed, which
includes satisfactory completion of both the residential phase and consolidation
tasks.
3.12 Failure. Students are required to satisfactorily pass all assessments in order to pass
LTM1. Students who do not pass an individual assessment during the residential phase will be
required to re-sit the assessment. Students will be provided feedback and a supplementary
exam, allowing time for further study. Multiple failures may result in the student being
removed from LTM1, as Not Yet Satisfactory (NYS).
3.13 The failure management policy in regards to the residential phase and Consolidation
Tasks is outlined in the LOSOCS Policy, this Handbook and detailed in the LTM1 Learning
Management Package.
3.14 Students who fail either the residential phase or the consolidation tasks may be
subject to career management action as detailed in the LOSOCS Policy.
3.15 Qualification. The LTM1 course is the academic pre-requisite for advancement to
LL2. There is no formal civilian qualification awarded for this course, however, proficiencies
will be awarded for completion of both the residential phase and the consolidation tasks.
9 Only DMLC is able to provide approval for a student to commence their tasks prior to the Residential Phase.
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4 LEGAL TRAINING MODULE 2 (LTM2)—GRADUATE
CERTIFICATE IN MILITARY LAWS
Course structure
4.0 LTM2 is a post-graduate tertiary education program conducted by the ANU and UoA
consortium. The following four core subjects are generally offered annually and delivered as
five day intensive modules:
a. Military Administrative Law
b. Military Discipline Law
c. Military Operations Law
d. Military Legal Practice.
Module Objectives
4.1 Upon successful completion of the LTM2 program, a LO is considered to have met
the academic requirements for advancement to LL3. Once granted LL3 from the LO CPDC,
LOs will be able to and expected to perform the duties of a LL3 LO as outlined in the
LOSOCS Policy.
Panelling Criteria
4.2 The DMLC is the panelling authority for all LTM subjects, and panelling decisions
will be undertaken in accordance with the requirements contained within this document and
the LOSOCS Policy.
Academic requirements
4.3 Assessment. Students will be required to undertake the required assessments
determined by the lecturer and the university. Students are to discuss directly with the
lecturer/university any issues regarding requirements, format and extensions. MLC will
generally not become involved in liaising with the university regarding assessments, unless in
exceptional circumstances and service related.
4.4 Failure. Failure of LTM2 subjects will be handled in accordance with the LOSOCS
Policy.
4.5 Qualification. Upon the completion of all LTM2 subjects and approval from ANU,
students will be awarded a Graduate Certificate in Military Law.
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5 JOINT OPERATIONS LEGAL TRAINING (JOLT)
Purpose
5.0 JOLT is the primary means for preparing ADF Legal Officers for the unique
requirements of providing legal support to commanders in a deployed environment. By
successfully completing JOLT, the DGMLS can be assured that ADF LOs possess sufficient
legal knowledge and skill to provide effective legal advice on operations.
5.1 This course is not pre-deployment legal training for any specific operation. It is
intended to provide students with the knowledge and skills necessary to provide effective
legal support to commanders on a range of operations.
Course Attendance
5.2 Nominations. MLC will seek nominations for JOLT directly from HOC. HOCs are
responsible for nominating LOs from their respective services ensuring the LO has sufficient
service knowledge and experience such that they would not be unduly disadvantaged in
undertaking JOLT. For this reason LOs should not expect to undertake JOLT in their first
two years of service.
5.3 LOs seeking to undertake JOLT must hold the following prerequisites:10
a. Minimum rank level - O3
b. Minimum Legal Level - LL2
c. Security Clearance - NV 1
d. Completion of Legal Training Module 2 - Operations Law (LTM2-OPS)
e. Completion of Legal Training Module 2 - Military Legal Practice (LTM2-MLP)
(highly desirable)
f. Introduction to Joint Operations (IJO) (highly desirable).
5.4 Panelling. DMLC is the panel authority. Allocation of single service positions on
JOLT will be determined each year by DMLC in conjunction with HOC, taking into account
operational and training liabilities. HOC must provide a list of nominated students to the
MLC, taking into account the course pre-requisites detailed above.
Course Structure
5.5 JOLT is a vocational based training course that is focused on the practical application
of legal knowledge relevant to the conduct of military operations. Students must have access
to ADELE and the Defence Secret Network in order to participate in the course.
5.6 JOLT consists of the following phases:
a. Pre-course preparation phase – 6 weeks
10 Wavers from DGMLS are the responsibility of HOC in consultation with DMLC.
14
b. Pre-reading phase – 2 days
c. Instructional phase – 7 days
d. Final assessment phase – 2 days
5.7 Instructional Phase. The seven day instructional phase involves learning and
practising the application of the law, doctrine and policy in the following five areas/modules:
a. Rules of Engagement
b. Use of Force
c. Detention
d. Operational Incident Management
e. Maritime Operations.
Academic Requirements
5.8 Assessment. Each module will conclude with an assessment where students will be
assessed either “Satisfactory” or “Not Yet Satisfactory”. Students must be deemed “Ready”
for all of the five modules in order to undertake the final two day assessment phase.
5.9 The final assessment phase will be conducted over a 16-18 hour period. The
assessment phase comprises of multiple written and oral components designed to replicate
tasks likely to be performed by a legal officer deployed on ADF operations. Students will be
required to pass each component in order to achieve an overall grading of ‘Ready’.
5.10 Failure. Any student deemed “Not Yet Satisfactory” on an assessment will be
managed in accordance with the JOLT LMP. In summary:
a. Module. Those deemed “Not Yet Satisfactory” for a module will be provided one
opportunity to complete a supplementary assessment for that module. Students will
not be permitted more than three resits in order to progress to the final assessment
phase.
b. Final Assessment Phase. Students deemed “Not Yet Satisfactory” for an
assessment will be provided one opportunity to complete a supplementary
assessment. Students will not be permitted more than three resits in order to pass the
course.
5.11 Students assessed as ‘Not Yet Satisfactory’ on the completion of JOLT will have their
status for the course recorded in PMKeyS as ‘Incomplete’, and their grade recorded as ‘Null’.
5.12 Qualification. On successful completion of JOLT, students will be considered
‘Ready to deploy’. There is no formal civilian qualification awarded for this course, however,
a proficiency will be recorded on PMKeys for successful completion of the course.
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6 LEGAL TRAINING MODULE 3 (LTM3)—GRADUATE
DIPLOMA OR MASTERS OF MILITARY LAWS
Course structure
6.0 LTM3 is a post-graduate tertiary education program conducted by the ANU and UoA
consortium. As outlined in Chapter 1, there are two components to LTM3:
a. Core LTM3 subjects
b. Electives to obtain a Master of Military Laws.
6.1 Core LTM3 subjects. The following three core subjects are delivered as five day
intensive modules and are generally offered every second year:
a. Advanced Military Administrative Law
b. Advanced Military Discipline Law
c. Advanced Military Operations Law
6.2 Elective subjects. Permanent Legal Officers, without an existing Masters degree,
must also satisfactorily complete elective subjects approved by the LO CPDC.
Panelling criteria
6.3 All LTM3 courses. The DMLC is the panelling authority for all LTM subjects, and
panelling decisions will be undertaken in accordance with the requirements contained within
this document and the LOSOCS Policy.
6.4 LTM3 electives. LOs may choose which electives they wish to undertake, but
remain subject to approval by LO CPDC. Subject to supervisor approvals, LOs may complete
LTM3 electives throughout the same year as completing their core subjects.
a. Pre-approved electives. The list of LO CPDC pre-approved elective subjects will
be displayed and updated on the MLC website.
b. Non-pre-approved electives and cross-institutional study. A general application
must be made to the LO CPDC if a LO is interested in undertaking an elective
subject that is not included on the pre-approved list. Applications must outline the
nature of the non-approved elective subject, a justification for studying the elective
and advise the cost of completing the subject (including travel, accommodation and
enrolment). Students should ensure they have spoken and have approval from ANU
about whether the elective subject can and will be credited towards their Master of
Military Laws.
c. Reserve Legal Officers. RLOs, other than on CFTS, will not normally be funded
for LTM3 electives unless completion of an elective, within the LTM3 program, is
required for the RLO to carry out duties that the officer is or may be required to carry
out and the LO CPDC has approved completion of the elective by that officer.
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Academic requirements
6.5 Assessment. Students will be required to undertake the required assessments
determined by their respective lecturer and the university. Students are to discuss directly
with the lecturer/university any issues regarding requirements, format and extensions. MLC
will generally not get involved in liaising with the university regarding assessments, unless in
exceptional circumstances and service related.
6.6 Failure. Failure of LTM3 subjects will be handled in accordance with the LOSOCS
Policy.
6.7 Qualification. Upon satisfactory completion of the LTM3 core subjects and
approval by ANU, students will be awarded a Graduate Diploma of Military Law.
6.8 Students who satisfactorily complete the required elective subjects, together with the
LTM3 core subjects, will be awarded a Master of Military Law.
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7 LEGAL TRAINING MODULE 4 (LTM4)—LEGAL PRACTICE
MANAGEMENT
7.0 Under the LOSOCS Policy, progression from LL4 to LL5 requires LOs to obtain a
management-related qualification covering practical management issues for senior managers
in a professional workplace.
7.1 Entitlement. Only students who are LL4 are eligible to apply for funding for LTM4
courses. The approved management course should be undertaken in the LOs posted location
where possible. Funding may be approved for a LO to undertake a course outside their
posting location in limited circumstances and where financial budgeting allows.11
7.2 Enrolment on specific military courses such as the Australian Command and Staff
Course (ACSC) are subject to separate selection and approval processes. LOs who wish to
undertake these courses must consult with their respective Service Career Agencies.
7.3 Approved courses. A LO wishing to complete a management related course for the
purpose of fulfilling their LL5 training/education requirements, must seek approval from the
LO CPDC. The LO CPDC has pre-approved several different management courses. The
current pre-approved management courses are maintained on the LOSOCS Policy Decisions
website page within the ADF Legal Officer Career Management website.
7.4 Alternative courses. LO CPDC may approve funding to complete an alternative
management course, provided this alternative meets the requirement and intent of both
LOSOCS and relevant LO CPDC decisions.
a. Application process. If a LO wishes to complete an alternative course, the LO must
make a general application to the LO CPDC for approval. In the application, the LO
must identify the desired course outlining the reasons for attending the course, the
course training focus, and an estimated cost in attending the course.
b. If approved by the LO CPDC, the LO is to seek approval and funding from MLC.
c. The LO can then formally enrol in the training institution, ensuring the invoice is
sent to the MLC at the following address:
Military Law Centre, Department of Defence
Attn: MLC Business Manager
Victoria Barracks Sydney, Building 113
Locked Bag 7005, Liverpool NSW 1871
Academic requirements
7.5 Assessment. This will be dependent on the course the LO undertakes.
7.6 Failure. Failures will be handled in accordance with the LOSOCS Policy.
7.7 Qualification. This will be dependent on the course the LO undertakes. LOs should
not expect to receive any civilian qualifications, unless specifically stated by the organisation.
11 Travel funding will be limited to the difference between the cost of training in the legal officer's posted
location, if available, and the cost of training in the requested location.
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8 MLC ASSESSMENT MANAGEMENT AND RECORD KEEPING
POLICY
Assessment management
8.0 This policy only applies to MLC courses where there is an assessable component. It
does not apply to courses facilitated by external providers, such as ANU or UoA.
8.1 Grading terminology. Assessment of all MLC courses is graded in terms of
‘Satisfactory’ or ‘Not Yet Satisfactory’.
8.2 Student progress. The specific assessment regime for a course will vary from
course to course. Each student will be briefed at the outset of the course as to what the
assessment regime will be for that course. This may include each module being assessed
individually. Some courses may have a final or end-of-course assessment, which may assess
some or all of the material delivered during the course.
8.3 In order to achieve an overall result of Satisfactory for the course, students must pass
each module assessment. Members who do not successfully satisfy all components of the
course will be recorded in PMKeyS as ‘Not yet satisfactory’.
Training Progress Reports
8.4 Training Progress Reports (TPR’s) will be utilised throughout the course to highlight
to students the following deficiencies in academic performance:
a. ‘Not yet satisfactory’ on a primary module assessment (TPR Level 1). A TPR is
issued by the Module Manager recommending a remediation plan. On completion
the student will undertake a supplementary assessment (a re-test). The supplementary
assessment is to be completed at the first opportunity during the course.
b. ‘Not yet satisfactory’ on a supplementary module assessment (TPR Level 2). A
TPR is issued by DMLC recommending completion of a remediation plan, which is
then followed by a final module assessment. The final module assessment would
ordinarily occur outside the course, in agreement with DMLC, and no later than 28
days after the issuing of the TPR Level 2.
c. ‘Not yet satisfactory’ on a final module assessment (TPR Level 3). A TPR is
issued by DMLC removing the member from course, and referring to relevant Heads
of Category (HOC). A TPR Level 3 indicates a grade of ‘Not yet satisfactory’ for the
relevant course.
8.5 For some courses, such as Joint Operations Legal Training (JOLT) course, there is no
TPR Level 2. As such, Students will only receive two TPRs for a particular assessable
component before being removed from course.
8.6 All TPRs are to be provided to the student and a copy retained on the student’s MLC
file.
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Student input before TPR decisions
8.7 Prior to finalising a TPR, students may be provided an opportunity to comment on
the basis/allegations that form the basis of the TPR, and provide relevant mitigating facts (if
applicable).
Receipt of multiple TPR
8.8 Where a student has been issued two or three (depending on course) TPR (of any
level) regarding assessments, they are to be referred to the Board of Studies (BoS). The BoS
will consider whether the student remains on course.
8.9 TPR issued for module assessments are not carried over into the final assessment
phase.12
8.10 Students who have been issued two or three (depending on course) TPRs (of any
level) arising from the final assessment phase/day, will similarly be referred to the BoS for
consideration as to whether the student is allowed to complete the course.
8.11 If the BoS decides a student is allowed to continue on course, and they subsequently
receive further TPR, the BoS may again convene to consider the student suitability to remain
on course.
Board of Studies (BoS)
8.12 The BoS is the procedure used by MLC, predominantly during the conduct of a
course, to:
a. Review assessment results if systemic error in teaching or assessment is suspected.
b. Remove from consideration assessment items that are in error, or otherwise should
not be used in evaluating trainees.
c. Review student results.
8.13 DMLC responsibilities. DMLC, on an as required basis, is responsible for:
a. Convening the BoS.
b. Approving the BoS agenda.
c. Identifying the members of the BoS, including:
(1) Subject matter experts (SMEs) (eg, usually the Module Manager).
(2) The Chair (eg, usually the MLC TDO/TCO).
(3) Other members as required.
12 For example, Student X could fail two primary assessment during course, but these will not count against him
for the end-of-course assessment. As such, he is again able to fail up to two primary assessments before the BoS
will convene to consider removal from course.
20
d. Ensuring consistency of assessment.
e. Confirming the instruction and assessment has occurred in accordance with the LMP.
f. Ensuring the welfare and wellbeing of all course participants.
8.14 The BoS may seek input from the course manager or other SMEs as necessary, in the
course of their deliberations. HOC may also be present during BoS deliberations in order to
assist in debrief/career counselling of members.
8.15 SME responsibilities. The BoS SME is responsible for:
a. Advising DMLC of any suspected systemic error of instruction or assessment.
b. Acting as understudy to DMLC.
8.16 BoS Secretary responsibilities. The secretary (usually the MLC TDO) is
responsible for recording and compiling relevant documentation as a result of the BoS
determinations (e.g. Records of Conversation etc).
8.17 MLC TDO/TCO responsibilities13 MLC TDO/TCO is responsible for being the
Chair, and the training and assessment SME to the BoS.
8.18 MLC training staff responsibilities. All training staff are responsible for:
a. Identifying and advising the relevant SME or module manager of any suspected
systemic error of instruction or assessment.
b. Identifying and advising the relevant SME or module manager of any trainees who
may have poor results due to extenuating circumstances.
c. If requested, participate in the BoS as an SME or ex officio.
8.19 Input from other parties. The BoS may engage with HOC and/or DGMLS (or their
representatives) as necessary to assist in informing the decision of a BoS.
8.20 BoS Procedure. DMLC will convene a BoS on an as required basis. Appropriate
documentation will be produced that may include:
a. Decisions (eg, omission of an assessment item, affirmation or change of a student
result, etc)
b. Statements of reason (as required), possibly including weighting of evidence; and
c. Actions required as a consequence of the decisions.
8.21 Care must be taken to ensure:
a. Decisions and statements of reason are clearly articulated.
13 Where there is not a formally-qualified education officer posted to the MLC, DMLC may nominate another
officer to fulfil this role.
21
b. Outcomes are released in a timely manner.
c. Appropriate caveats are used on records (eg, SENSITIVE: PERSONAL)
d. Determinations are followed through.
8.22 Post BoS. As a consequence of a BoS, DMLC may need to raise additional
documentation (eg, a Minute to a trainee advising him/her of the outcome of the BoS).
Assessment appeal procedures
8.23 The intensity and tempo of MLC courses is such that any requests for reconsideration
of DMLC or BoS decisions, particularly removal from course/Not yet satisfactory decisions,
must be addressed quickly so that students who are successful in seeking review of the
decision are not unfairly disadvantaged and are able to successfully continue on course.
8.24 Accordingly, students seeking review of BoS decisions must:
a. Advise either DMLC or the course manager of their intention to seek review at the
earliest opportunity after being advised of the relevant decision.
b. Provide a written statement of reasons for DMLC (by hand or email to
[email protected]) outlining the reasons for the requested review, and
attaching any supporting evidence, either within twelve hours or prior to
commencement of duty the day following the relevant decision, whichever is the
longer. This timeframe may only be extended at DMLC discretion.
8.25 Requests for review of decisions made outside these parameters will be managed
outside the relevant course framework. That is, students will be removed from course and the
request for review considered after the course has concluded.
8.26 Upon receipt of the submission, DMLC will consider the arguments raised, seek
advice as necessary and decide what, if any, follow-up activity might occur. This may include
an opportunity for further assessment.
Administration of assessment outcomes and outcome of course
8.27 Student results will be recorded on an MLC database (including marks per
assessment) and stored via Defence’s nominated Knowledge Management system (currently
Objective).
8.28 An individual’s results will be provided to their relevant supervisor and HOC.
8.29 MLC will also complete post-course reporting of all members via PMKeyS, which
will state either a Satisfactory or Not yet satisfactory result.