Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Prepare for tribunal.

1.1.

Process for making an application to relevant tribunal is followed.

1.2.

Documentation required for application to relevant tribunal is accurately completed.

1.3.

Evidence and other documentation required for tribunal are prepared and reviewed.

1.4.

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.

1.5.

Pre-tribunal hearing briefings are participated in as appropriate and required.

1.6.

Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.

2.

Participate in conciliation processes for grievances and disputes.

2.1.

Purpose and role of conciliation  are clarified within particular tribunal and case context.

2.2.

Opportunities are explored to resolve grievances and disputes through conciliation.

2.3.

Conciliators are provided with complete and accurate information regarding grievance or dispute.

2.4.

Clear and concise formal case statements are prepared and provided for conciliator.

2.5.

Opportunities are taken to obtain relevant information from other parties during conciliation process.

2.6.

Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.

3.

Use appropriate tribunal etiquette.

3.1.

Appropriate manner of entering and departing tribunal is used.

3.2.

Appropriate manner of addressing tribunal is used.

3.3.

Relevant legal and industry language is used where appropriate.

4.

Present case before tribunal.

4.1.

Rules and procedures of tribunal are applied.

4.2.

Case is outlined in a clear and concise manner.

4.3.

Evidence  is given and routine examination of witnesses  is undertaken appropriately.

4.4.

Relevant decisions and precedents are referred to appropriately.

4.5.

Respondent submissions are responded to appropriately.

4.6.

Questions and directions from tribunal are responded to appropriately.

4.7.

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

5.

Act as a witness.

5.1.

Pre- and post-tribunal briefings and debriefings  are participated in as required.

5.2.

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

5.3.

Requirements of tribunal processes and proceedings are observed while acting as witness.

5.4.

Liaison with appropriate legal representatives is maintained.

5.5.

Appropriate and required documentation and reporting are completed and stored according to agency practice.

This section describes the language, literacy, numeracy and employment skills essential to performance in this unit but not explicit in the performance criteria.

Skill 

Performance feature 

Learning skills to:

• maintain current knowledge of tribunal procedures.

Numeracy skills to:

• interpret graphical and statistical material that is provided as evidence.

Oral communication skills to:

• ask questions to clarify procedures used in conciliation and tribunal processes
• provide verbal testimony and respond to questions in tribunal hearings; reiterating, summarising and clarifying as required.

Reading skills to:

• access and interpret sometimes complex written text on tribunal rules and procedures.

Writing skills to:

• prepare summaries and take notes on information presented in pre- and post-hearing tribunal briefings and debriefings.

Technology skills to:

• access online information when preparing for tribunal hearings.

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Purpose and role of conciliation  must include:

• giving parties a chance to settle a matter on their terms
• giving parties the opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation.

Evidence  must include information that:

• is descriptive
• is devoid of assumptions or judgemental statements
• represents details and facts of evidence pertinent to the case.

Examination of witnesses  must include:

• cross-examining respondent witnesses
• questioning own witnesses
• re-examining own or respondent witnesses.

Pre- and post-tribunal briefings and debriefings  must include:

• details of the case
• outcomes and consequences of tribunal decisions
• presentation of evidence
• rules of evidence
• tribunal protocol.