Assessor Resource

LGAREGS402B
Provide evidence in court

Assessment tool

Version 1.0
Issue Date: April 2024


This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.

This unit covers the skills and knowledge required to present evidence in a judicial or quasi-judicial environment. It requires the ability to prepare for legal proceedings, present evidence and follow up outcomes of proceedings. This work would be carried out under supervision and within council guidelines.

This unit is derived from and equivalent to PRSSO208A from the Asset Security Training Package and has been contextualised to local government requirements.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Prerequisite Unit/s

Employability Skills

This unit contains employability skills.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the elements to the required performance level detailed in the performance criteria. The unit's skill and knowledge requirements must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

The demonstrated ability to:

understand and comply with protocols and procedures required for attendance in a judicial or quasi-judicial environment

present evidence in a clear and concise manner and, as required, provide specialist opinion within own level of qualification and expertise

follow up outcomes of proceedings, review implications and determine appropriate action to be implemented

prepare and complete documentation and maintain records and systems.

Context of assessment

on the job or in a simulated work environment

written or oral test

role-play.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials, including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence will need to be collected over time across a range of variables.

Resource implications

Access to a workplace or simulated environment that provides:

relevant legislation

formal legal procedures

a range of evidence.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

Required Skills

reading and interpreting a range of information relevant to job/role, which may include legislation and its impact on council operations

demonstrating clear, open communication and consultation with the community and stakeholders and managing stakeholder relationships using a range of communication techniques to assess their needs and expectations, which may involve participation in and facilitation of committees

chain of custody requirements for validity of physical evidence

collating and organising information

preparing statements and writing reports

relating to people from a range of social, cultural and ethnic backgrounds and physical and mental abilities

achieving effective working relationships that demonstrate an ability to work collaboratively with people from diverse backgrounds

problem solving and conflict management

monitoring own work and adjusting to meet agreed standards and expectations

engaging in activities that promote own ongoing learning requirements, which may include maintaining current knowledge of legislation and common law

using technology relevant to the job/role, which may include the use of computers and other relevant office technology.

Required Knowledge

council's position on litigation

relevant legislation, including 'rules of evidence' and 'continuity of evidence'

procedures and protocols of judicial proceedings and contexts

briefing and documentation requirements

general principles regarding admissibility of evidence in courts

preparation of legal documentation

requirements for handling and managing evidential exhibits

storage requirements for information that is susceptible to spoiling or damage (physical samples, film and computer tapes).

Hidden text

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.

Court may include:

district

local

supreme

federal

tribunals

magistrates

criminal, coronial and civil.

Arrangements, role and involvement may include:

confirmation of time, date and location of proceedings

confirmation of evidence required to be presented.

Proceedings may include:

nuisance assessment

alleged breaches of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenges to council control plans

equal employment opportunity commission

compulsory conferences

conciliation

arbitration of formal hearings

public assembly or crowd control by-laws

parking

Dog Act

Health Acts

Food Acts

fire prevention regulations

Environment Acts and policies.

Appropriate persons may include:

council officers

councillors

supervisors

legal representatives

clients.

Documentation and exhibits may include:

reports

photographs

items of evidence

media footage

reports of incidents

radio and telephone records or logs.

Legislative and council requirements may include:

relevant federal, state or territory, or local legislation:

occupational health and safety

environmental issues

equal employment opportunity

industrial relations

anti-discrimination and diversity

licensing arrangements

Australian standards, quality assurance and certification requirements

applicable Crimes Acts and codes

relevant industry codes of practice

award and enterprise agreements

trade practices

privacy requirements

freedom of information and confidentiality

council requirements may relate to:

policy and procedures, including personnel practices and guidelines

goals, objectives, plans, systems and processes

legislation relevant to the operation, incident or response

employer and employee rights and responsibilities

policies and procedures relating to own role, responsibility and delegation

quality and continuous improvement processes and standards

client service standards

defined resource parameters

occupational health and safety policies, procedures and programs

duty of care, code of conduct and code of ethics

access and equity policy, principles and practice

records and information systems and processes

communication channels and reporting procedures.

Court protocols may include:

punctuality

voice clarity and language

impartiality

forms of address

respect for people and offices held

standards of dress and physical appearance

readiness of self and evidence

general demeanour.

Rules of evidence may include:

admissibility

chain of custody of samples

contemporaneousness.

Evidence may include:

facts

testimony

documents

physical exhibits.

Feedback may include:

formal and informal performance appraisals

comments from supervisors, colleagues or clients

personal, reflective behaviour strategies

workplace assessment.

Hidden text

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Court arrangements, role and involvement in proceedings are verified with appropriate persons. 
Documentation and exhibits are prepared in accordance with legislative and council requirements. 
All material to be used or referred to in proceedings is thoroughly reviewed prior to presentation in court to ensure familiarity, completeness and availability. 
Personal presentation, manner and language are consistent with court protocols and council requirements. 
Rules of evidence, procedures and protocols relevant to the jurisdiction involved are observed and adhered to throughout the proceedings. 
Evidence is based on fact and is presented in a clear, concise and unambiguous manner and complies with the rules of evidence. 
All evidence required during court proceedings is available in an original form when required. 
Specialist opinion within own level of qualification and expertise is provided on request in accordance with council policy. 
Outcomes of the proceedings are obtained, noted and reports completed where required according to council requirements. 
Required actions are implemented in accordance with council policies and procedures. 
Relevant documentation is completed in accordance with professional obligations in the case and council requirements. 
Feedback, further information and clarification of issues associated with proceedings and outcomes are sought as required from appropriate persons. 

Forms

Assessment Cover Sheet

LGAREGS402B - Provide evidence in court
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

LGAREGS402B - Provide evidence in court

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: