Unit of competency details

Unit descriptor 

This unit describes the performance outcomes, skills and knowledge required to assess issues associated with evidence law in a legal environment.

A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.

Application of the unit 

This unit applies to individuals who apply knowledge of a range of principles in evidence law. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.

Prerequisite units 

Employability skills 

This unit contains employability skills.

Elements describe the essential outcomes of a unit of competency.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.

ELEMENT 

PERFORMANCE CRITERIA 

1. Define nature and meaning of evidence law

1.1. Access sources of legal information  on nature and meaning of evidence law

1.2. Distinguish between case law and legislation related to evidence

1.3. Assess the significance of evidence law in various contexts  in a legal environment

2. Identify principles of evidence law

2.1. Define and document legal principles governing evidence

2.2. Determine key concepts underpinning evidence law

3. Enhance professional practice through application of relevant principles of evidence law

3.1. Apply the principles of evidence to relevant legal matters arising in the workplace

3.2. Analyse and evaluate key issues

3.3. Review analysis with designated person 

4. Identify relevant and admissible evidence

4.1. Distinguish relevant and admissible evidence in the context of a legal matter

4.2. Identify consequence of evidence not being relevant and/or admissible

REQUIRED SKILLS AND KNOWLEDGE 

This section describes the skills and knowledge required for this unit.

Required skills 

• literacy skills to read and interpret written material
• research and data collection skills to identify:

• characteristics, similarities and differences of Australian institutions
• types of proceedings and trial procedures

• analytical skills to investigate and compare legal institutions and legal matters

Required knowledge 

• commonly used legal terminology, institutions and main features of the Australian legal system
• methods used to identify appropriate information about sources of Australian law
• nature and meaning of evidence law, including:

• standard and burden of proof
• relevance of evidence
• hearsay evidence
• competence and compellability of witnesses
• opinion evidence
• evidence of character

EVIDENCE GUIDE 

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment 

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

Evidence of the ability to:

• demonstrate knowledge of the principles of evidence law
• apply the principles of evidence law
• demonstrate knowledge of the application of admissible law in a range of contexts.

Context of and specific resources for assessment 

Assessment must ensure access to:

• legislation, regulations and case law relevant to evidence law
• texts and background sources of information on evidence law in Australia
• case studies involving a range of evidence law matters
• personnel with knowledge of evidence law.

Method of assessment 

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

• analysis of responses to case studies and scenarios in a range of contexts involving evidence law
• tests of knowledge of relevant legislation, rules, regulations and research sources
• direct questioning combined with portfolios of evidence
• review of authenticated documents from the workplace.

Guidance information for assessment 

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

RANGE STATEMENT 

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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Sources of legal information  may include:

• court library
• online information services and websites
• organisation's library
• precedent bank
• specialist texts.

Various contexts  may include:

• civil disputes
• criminal liability
• examination of witnesses
• insurance disputes
• preparation for civil trial
• preparation for criminal trial.

Designated persons  may include:

• barrister
• legal practice manager
• legal practitioner
• supervisor.

Unit sector 

Competency field 

Administration - legal administration

Co-requisite units