Modification History
Not applicable.
Unit Descriptor
Unit descriptor |
This unit covers the competency to prepare a brief of evidence. It includes analysing evidence, preparing and reviewing admissible evidence, developing a brief of evidence and coordinating witnesses. In practice, preparing a brief of evidence may overlap with other generalist or specialist public sector work activities such as acting ethically, complying with public sector legislation, applying government processes, gathering and analysing information, etc. This unit replaces and is equivalent to PSPREG409A Prepare evidence . |
Application of the Unit
Not applicable.
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Not applicable.
Employability Skills Information
Employability skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
Elements are the essential outcomes of the unit of competency. |
Together, performance criteria specify the requirements for competent performance. Text in bold italics is explained in the Range Statement following. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1 . Analyse evidence |
1.1 All related information is considered, whether likely to be admissible as evidence, or not 1.2 Information is cross-checked to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur 1.3 Gaps and inadequacies are identified and assessed to allow further collection of evidence where possible 1.4 Information is handled and stored in accordance with legislative requirements and organisational policy and procedures |
2 . Prepare and review admissible evidence |
2.1 Witness and expert statements are prepared in accordance with legislative requirements and organisational policy and procedures 2.2 Evidence is prepared in accordance with legislative requirements and organisational policy and procedures 2.3 All evidence is included in the brief that is likely to be admissible by the court 2.4 Non-admissible evidence is separated and retained 2.5 Similar proofs are identified and reviewed to confirm that evidence is sufficient to proceed to prosecution 2.6 Security, recording and continuity of evidence are maintained in accordance with legislative requirements and organisational policy and procedures |
3 . Develop a brief of evidence |
3.1 Brief of evidence is planned and prepared according to standards required by the prosecution 3.2 All required information is included in the brief and meets all legal requirements 3.3 Brief is provided to prosecution and other parties as required by law and organisational requirements 3.4 When required, counsel is briefed on the case and any circumstances that may affect the progress and outcomes |
4 . Coordinate witnesses |
4.1 When required, expert witnesses are identified, familiarised with the evidence, and utilised in accordance with organisational policy and procedures 4.2 When required, witness summonses are organised in accordance with legal and organisational requirements 4.3 Contact is maintained with witnesses to ensure cooperation, communication and attendance at proceedings |
Required Skills and Knowledge
REQUIRED SKILLS AND KNOWLEDGE |
This section describes the essential skills and knowledge and their level, required for this unit. |
Skill requirements Look for evidence that confirms skills in: undertaking analysis and research undertaking collation and compilation writing complex documents - reflecting key points of oral statements in written form in witness statements and in the brief of evidence report writing using formal structures and language making comparisons and exercising judgment about facts in written materials communicating with witnesses from diverse backgrounds responding to diversity, including gender and disability |
Knowledge requirements Look for evidence that confirms knowledge and understanding of: sections of Evidence Act, Justice Act relating to preparation of a brief of evidence admissible evidence burden of proof court hearing procedures rules of evidence requirements of brief of evidence principles of disclosure anti-discrimination law organisational policies, guidelines and regulations equity and diversity principles public sector legislation such as occupational health and safety and environment relating to the preparation of a brief of evidence |
Evidence Guide
EVIDENCE GUIDE |
|
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package. |
|
Units to be assessed together |
PSPETHC401A Uphold and support the values and principles of public service PSPLEGN401A Encourage compliance with legislation in the public sector PSPGOV422A Apply government processes PSPREG401C Exercise regulatory powers PSPREG407B Produce formal record of interview PSPREG411A Gather information through interviews PSPREG412A Gather and manage evidence |
Overview of evidence requirements |
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
|
Resources required to carry out assessment |
These resources include:
|
Where and how to assess evidence |
Valid assessment of this unit requires:
Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:
Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:
|
For consistency of assessment |
Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments |
Range Statement
RANGE STATEMENT |
|
The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance Criteria is explained here. |
|
Evidence may include |
|
Required standards may include |
|
Prosecution may include |
|
Information required in a brief of evidence may include |
|
Witnesses may include |
|
Proceedings may include |
|
Unit Sector(s)
Not applicable.
Competency field
Competency field |
Regulatory |