Unit of competency details

Elements describe the essential outcomes of a Unit of Competency.

Performance Criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised  text is used, further information is detailed in the Range Statement. Assessment of performance is to be consistent with the Evidence Guide.

ELEMENT 

PERFORMANCE CRITERIA 

1. Prepare for proceedings 

1.1 Arrangements, role and involvement in proceedings are confirmed

1.2 Case requirements are assessed and evidence  is prepared in accordance with organisational and judicial requirements

1.3 All forensic evidence in proceedings is reviewed prior to presentation in court to ensure accuracy, continuity and integrity

1.4 Proceedings and protocols  are adhered to in preparing evidence in accordance with organisational policies and procedures

1.5 Precedents relevant to procedures are identified to assist court proceedings  as required

1.6 Case briefings are conducted with relevant personnel in accordance with judicial and organisational policies and procedures

2. Present evidence 

2.1 Adherence to rules of evidence, protocols and procedures relevant to the jurisdiction is applied

2.2 Evidence is communicated in a clear concise and articulate manner

2.3 Expert evidence or opinion is provided on request in accordance with judicial requirements

2.4 Exhibits are presented in accordance with legal, judicial and occupational health and safety (OH&S) requirements as required

3. Review court proceedings 

3.1 Outcomes of proceedings are reviewed and where appropriate, issues are communicated to appropriate personnel in the organisation

3.2 Involvement in the judicial proceedings is evaluated to inform future practice

This describes the essential skills and knowledge and their level, required for this unit.

Required Skills 

• brief counsel
• collate evidence
• prepare statements
• present evidence clearly and concisely
• produce scientific reports
• research and identify precedents
• take notes
• use a computer to create, edit and print documents
• write reports

Required Knowledge 

• appeals systems
• burden of proof
• conduct and operation of hearings
• Coroners Act
• Criminal Code
• exemptions and defences
• general principles of criminal liability
• Hearsay Rule
• how to prepare legal brief (precedents, witness statements, records of evidence, investigator's reports, media footage, log books)
• how to prepare submissions
• legislative requirements of presenting evidence
• organisational policies and procedures relating to preparation of documents and evidence, and providing expert opinion
• points of proof
• procedures and protocols in different judicial/quasi-judicial systems
• qualifications and experience required of expert witnesses
• range of crimes/offences that can be committed
• relevant sections of Evidence Act
• relevant sections of legislation
• role of lay and expert witnesses
• role of legal personnel in judicial/quasi-judicial systems
• rules of evidence in different judicial or quasi-judicial settings
• types of evidence admissible in judicial/quasi-judicial systems
• types of offences
• use of notes in court/tribunal/commission

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit 

Assessment must confirm the ability to:

• prepare forensic evidence, statements and submissions
• brief counsel utilising the full and detailed evidence to hand
• prepare and present comprehensive and accurate legal briefs.

Consistency in performance 

Competency should be demonstrated over time in a range of actual or simulated workplace environments.

Context of and specific resources for assessment 

Context of assessment 

Competency should be assessed on-the-job or in a simulated work environment.

Specific resources for assessment 

There are no specific resource requirements for this unit.

Method of assessment 

In a public safety environment assessment is usually conducted via direct observation in a training environment or in the workplace via subject matter supervision and/or mentoring, which is typically recorded in a competency workbook.

Assessment is completed using appropriately qualified assessors who select the most appropriate method of assessment.

Assessment may occur in an operational environment or in an industry-approved simulated work environment. Forms of assessment that are typically used include:

• direct observation
• interviewing the candidate
• journals and workplace documentation
• third party reports from supervisors
• written or oral questions.

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised  wording in the Performance Criteria is detailed below.

Evidence  may include:

• Case files
• Court documents
• Exhibits
• Expert reports
• Notes
• Photographs
• Statements
• Visual aid (audio, visual, physical)

Protocols  may include:

• Forms of address
• Standards of attire

Court proceedings  may include:

• Judicial and quasi-judicial tribunals
• Rules of court