Unit of competency

Modification History

Application

This unit of competency describes the skills and knowledge required to undertake the prosecution in a trial for a fisheries management breach. It requires the ability to collect information, carry out enquiries, manage witnesses, arrange and conduct pre-trial hearings, examine prosecution witnesses, present arguments and undertake post-trial tasks.

The unit applies to individuals who work as senior fisheries compliance officers and act in an advocacy role to undertake prosecution functions in a trial. Fisheries compliance officers may not undertake prosecution duties in some states and territories.

Regulatory requirements may apply to this unit. Users are required to check with the relevant jurisdictions for current requirements.

Pre-requisite Unit

Nil

Unit Sector

Compliance (CPL)

Elements and Performance Criteria

Foundation Skills

This section describes those language, literacy, numeracy and employment skills that are essential for performance in this unit of competency but are not explicit in the performance criteria.

Unit Mapping Information

Links

Companion Volumes, including Implementation Guides, are available at VETNet: - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=e31d8c6b-1608-4d77-9f71-9ee749456273

Assessment requirements

Modification History

Performance Evidence

An individual demonstrating competency must satisfy all of the elements and performance criteria in this unit.

There must be evidence that the individual has undertaken the prosecution in a trial for a fisheries management breach on at least one occasion, including:

• planning and organising case materials and arguments before the trial
• evaluating, managing and supporting witnesses before the trial
• directing the case and presenting the argument for the prosecution
• finalising post-trial administrative tasks and/or issues
• applying courtroom procedures and relevant jurisdictional policies and legislation throughout the prosecution process.

Knowledge Evidence

An individual must be able to demonstrate the knowledge required to perform the tasks outlined in the elements and performance criteria of this unit. This includes knowledge of:

• relevant national, state and territory fisheries management legislation
• advocacy techniques that contribute to successful presentation of prosecution case
• courtroom etiquette
• standard operating procedures and workplace policies that ensure compliance with legislative and regulatory requirements when preparing and presenting evidence in court
• basic research techniques that can be used to gather information and evidence
• evidence management principles
• appropriate treatment of persons being interviewed
• types of documentation and exhibits that may be presented as evidence in court
• courtroom procedures for:

• addressing the bench and opposing counsel
• proposing and responding to objections

• trial processes.

Assessment Conditions

Assessment of skills must take place under the following conditions:

• physical conditions:

• skills must be demonstrated in a court setting or an environment that accurately represents workplace conditions

• resources, equipment and materials:

• resources required for undertaking the prosecution in a trial, including court staff, defence counsel, witnesses and exhibits

• specifications:

• access to courtroom procedures and relevant jurisdictional policies and legislation

• relationships:

• evidence of interactions with witnesses and legal personnel.

Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.

Links

Companion Volumes, including Implementation Guides, are available at VETNet: - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=e31d8c6b-1608-4d77-9f71-9ee749456273