Assessor Resource

POLGEN023
Apply legislation and judicial processes in policing

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to apply current legislation and undertake policing activities within judicial processes. This includes interpreting and applying legislation for policing responses, exercising police powers, preparing judicial documents, collaborating with stakeholders and participating in judicial processes.

This unit applies to those working in a policing environment, typically in a general duties role.

The skills and knowledge described in this unit must be applied within the current legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those related to police powers, court processes and procedures, and proofs of evidence.

Those undertaking this unit would primarily work autonomously or under limited supervision, while completing complex tasks in a broad range of contexts. They would be required to apply decision making and problem solving skills to interpret behaviours and develop solutions.

No licensing, legislative or certification requirements apply to 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)


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.

ELEMENTS

PERFORMANCE CRITERIA

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 section.

1. Apply legislation for policing purposes

1.1 Identify sources of legislation for use within policing.

1.2 Demonstrate the connection between legislation and police powers.

1.3 Categorise legislation according to fitness for purpose.

1.4 Apply the Rules of Evidence to the delivery of policing services.

1.5 Differentiate between categories of offences/crimes in terms of their respective elements.

2. Apply legislation related to offences

2.1 Assess incident/situation to establish whether an offence has been committed.

2.2 Identify relevant sections of legislation applicable to incident/situation to inform policing response.

2.3 Identify potential evidence of offences for charging purposes.

3. Apply legislative powers and cautions

3.1 Identify legislative sources of police powers to inform policing responses.

3.2 Identify factors that may impact on policing response.

3.3 Exercise police powers in accordance with jurisdictional policies and procedures.

3.4 Deliver relevant cautions and rights in line with police powers, jurisdictional requirements and case law.

4. Prepare judicial documents

4.1 Assess and document proof of evidence.

4.2 Review judicial documents for compliance purposes.

4.3 Develop briefs of evidence in accordance with the Rules of Evidence.

5. Prepare and work with persons involved in judicial process

5.1 Determine roles and responsibilities of persons identified to be involved in the judicial process.

5.2 Prepare persons for their involvement in the judicial processes.

5.3 Adhere to the timeframes and governance structures of judicial documents.

5.4 Monitor transport, accommodation and security requirements to facilitate court appearances.

5.5 Identify liaison, care/custody, support and referral requirements of persons involved in the judicial process.

6. Undertake court procedures

6.1 Dispose of property and exhibits in accordance with legislation and jurisdictional requirements.

6.2 Inform relevant parties of court results.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

identifying sources of legislation which relate to policing

applying legislation to scenarios to inform the use of police powers

enforcing common law principles and current legislation

establishing whether an offence has been committed, relevant and sufficient evidence has been gathered, and suspects have been charged with the correct offence

communicating with stakeholders as part of policing responses and judicial processes

developing briefs of evidence which comply with judicial policies and current legislation

facilitating court processes by providing services to witnesses/victims/offenders

describing the Rules of Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

hierarchy of Australian court system in relation to police processes

current Commonwealth, national, state or territory legislation which outlines powers and responsibilities applicable to policing

offences and the elements which constitute such offences

Rules of Evidence

current and relevant care law and legal precedents, as determined by police jurisdictions

capabilities, powers and authorities of services external to policing

court and bail procedures and processes

professional standards

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

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.

ELEMENTS

PERFORMANCE CRITERIA

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 section.

1. Apply legislation for policing purposes

1.1 Identify sources of legislation for use within policing.

1.2 Demonstrate the connection between legislation and police powers.

1.3 Categorise legislation according to fitness for purpose.

1.4 Apply the Rules of Evidence to the delivery of policing services.

1.5 Differentiate between categories of offences/crimes in terms of their respective elements.

2. Apply legislation related to offences

2.1 Assess incident/situation to establish whether an offence has been committed.

2.2 Identify relevant sections of legislation applicable to incident/situation to inform policing response.

2.3 Identify potential evidence of offences for charging purposes.

3. Apply legislative powers and cautions

3.1 Identify legislative sources of police powers to inform policing responses.

3.2 Identify factors that may impact on policing response.

3.3 Exercise police powers in accordance with jurisdictional policies and procedures.

3.4 Deliver relevant cautions and rights in line with police powers, jurisdictional requirements and case law.

4. Prepare judicial documents

4.1 Assess and document proof of evidence.

4.2 Review judicial documents for compliance purposes.

4.3 Develop briefs of evidence in accordance with the Rules of Evidence.

5. Prepare and work with persons involved in judicial process

5.1 Determine roles and responsibilities of persons identified to be involved in the judicial process.

5.2 Prepare persons for their involvement in the judicial processes.

5.3 Adhere to the timeframes and governance structures of judicial documents.

5.4 Monitor transport, accommodation and security requirements to facilitate court appearances.

5.5 Identify liaison, care/custody, support and referral requirements of persons involved in the judicial process.

6. Undertake court procedures

6.1 Dispose of property and exhibits in accordance with legislation and jurisdictional requirements.

6.2 Inform relevant parties of court results.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

identifying sources of legislation which relate to policing

applying legislation to scenarios to inform the use of police powers

enforcing common law principles and current legislation

establishing whether an offence has been committed, relevant and sufficient evidence has been gathered, and suspects have been charged with the correct offence

communicating with stakeholders as part of policing responses and judicial processes

developing briefs of evidence which comply with judicial policies and current legislation

facilitating court processes by providing services to witnesses/victims/offenders

describing the Rules of Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

hierarchy of Australian court system in relation to police processes

current Commonwealth, national, state or territory legislation which outlines powers and responsibilities applicable to policing

offences and the elements which constitute such offences

Rules of Evidence

current and relevant care law and legal precedents, as determined by police jurisdictions

capabilities, powers and authorities of services external to policing

court and bail procedures and processes

professional standards

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
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
Identify sources of legislation for use within policing. 
Demonstrate the connection between legislation and police powers. 
Categorise legislation according to fitness for purpose. 
Apply the Rules of Evidence to the delivery of policing services. 
Differentiate between categories of offences/crimes in terms of their respective elements. 
Assess incident/situation to establish whether an offence has been committed. 
Identify relevant sections of legislation applicable to incident/situation to inform policing response. 
Identify potential evidence of offences for charging purposes. 
Identify legislative sources of police powers to inform policing responses. 
Identify factors that may impact on policing response. 
Exercise police powers in accordance with jurisdictional policies and procedures. 
Deliver relevant cautions and rights in line with police powers, jurisdictional requirements and case law. 
Assess and document proof of evidence. 
Review judicial documents for compliance purposes. 
Develop briefs of evidence in accordance with the Rules of Evidence. 
Determine roles and responsibilities of persons identified to be involved in the judicial process. 
Prepare persons for their involvement in the judicial processes. 
Adhere to the timeframes and governance structures of judicial documents. 
Monitor transport, accommodation and security requirements to facilitate court appearances. 
Identify liaison, care/custody, support and referral requirements of persons involved in the judicial process. 
Dispose of property and exhibits in accordance with legislation and jurisdictional requirements. 
Inform relevant parties of court results. 
Identify sources of legislation for use within policing. 
Demonstrate the connection between legislation and police powers. 
Categorise legislation according to fitness for purpose. 
Apply the Rules of Evidence to the delivery of policing services. 
Differentiate between categories of offences/crimes in terms of their respective elements. 
Assess incident/situation to establish whether an offence has been committed. 
Identify relevant sections of legislation applicable to incident/situation to inform policing response. 
Identify potential evidence of offences for charging purposes. 
Identify legislative sources of police powers to inform policing responses. 
Identify factors that may impact on policing response. 
Exercise police powers in accordance with jurisdictional policies and procedures. 
Deliver relevant cautions and rights in line with police powers, jurisdictional requirements and case law. 
Assess and document proof of evidence. 
Review judicial documents for compliance purposes. 
Develop briefs of evidence in accordance with the Rules of Evidence. 
Determine roles and responsibilities of persons identified to be involved in the judicial process. 
Prepare persons for their involvement in the judicial processes. 
Adhere to the timeframes and governance structures of judicial documents. 
Monitor transport, accommodation and security requirements to facilitate court appearances. 
Identify liaison, care/custody, support and referral requirements of persons involved in the judicial process. 
Dispose of property and exhibits in accordance with legislation and jurisdictional requirements. 
Inform relevant parties of court results. 

Forms

Assessment Cover Sheet

POLGEN023 - Apply legislation and judicial processes in policing
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

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Assessor name:

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Date:

Assessment Record Sheet

POLGEN023 - Apply legislation and judicial processes in policing

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: