Assessor Resource

PSPREG010
Prepare a brief of evidence

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the skills required to prepare a brief of evidence. It includes analysing evidence, preparing and reviewing admissible evidence, developing a brief of evidence and coordinating witnesses.

This unit applies to those working in public sector roles conducting regulatory activities.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work independently as part of a team, performing complex tasks in a range of familiar and unfamiliar contexts.

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. Analyse evidence

1.1 Consider all related information, whether likely to be admissible as evidence, or not.

1.2 Cross-check information to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur.

1.3 Identify and assess gaps and inadequacies to allow further collection of evidence.

1.4 Handle and store information appropriately.

2. Prepare and review admissible evidence

2.1 Prepare witness and expert statements.

2.2 Include all evidence in the brief that is likely to be admissible by the court.

2.3 Separate and retain non-admissible evidence.

2.4 Identify and review similar proofs to confirm that evidence is sufficient to proceed to prosecution.

2.5 Maintain security, recording and continuity of evidence.

3. Develop a brief of evidence

3.1 Plan and prepare brief of evidence according to standards required by the prosecution.

3.2 Include all required information in the brief and meet all legal requirements.

3.3 Provide brief to prosecution and other parties as required by law and organisational requirements.

3.4 Brief counsel on the case when required, and advise any circumstances that may affect the progress and outcomes.

4. Coordinate witnesses

4.1 Identify and use expert witnesses when required and familiarise them with the evidence.

4.2 Organise witness summonses when required.

4.3 Maintain contact with witnesses to ensure cooperation, communication and attendance at proceedings.

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.

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

writing reports using formal structures and language

making comparisons and exercising judgment about facts in written materials

communicating with witnesses from diverse backgrounds

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.

legislation 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

public sector legislation

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. Analyse evidence

1.1 Consider all related information, whether likely to be admissible as evidence, or not.

1.2 Cross-check information to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur.

1.3 Identify and assess gaps and inadequacies to allow further collection of evidence.

1.4 Handle and store information appropriately.

2. Prepare and review admissible evidence

2.1 Prepare witness and expert statements.

2.2 Include all evidence in the brief that is likely to be admissible by the court.

2.3 Separate and retain non-admissible evidence.

2.4 Identify and review similar proofs to confirm that evidence is sufficient to proceed to prosecution.

2.5 Maintain security, recording and continuity of evidence.

3. Develop a brief of evidence

3.1 Plan and prepare brief of evidence according to standards required by the prosecution.

3.2 Include all required information in the brief and meet all legal requirements.

3.3 Provide brief to prosecution and other parties as required by law and organisational requirements.

3.4 Brief counsel on the case when required, and advise any circumstances that may affect the progress and outcomes.

4. Coordinate witnesses

4.1 Identify and use expert witnesses when required and familiarise them with the evidence.

4.2 Organise witness summonses when required.

4.3 Maintain contact with witnesses to ensure cooperation, communication and attendance at proceedings.

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.

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

writing reports using formal structures and language

making comparisons and exercising judgment about facts in written materials

communicating with witnesses from diverse backgrounds

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.

legislation 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

public sector legislation

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
Consider all related information, whether likely to be admissible as evidence, or not. 
Cross-check information to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur. 
Identify and assess gaps and inadequacies to allow further collection of evidence. 
Handle and store information appropriately. 
Prepare witness and expert statements. 
Include all evidence in the brief that is likely to be admissible by the court. 
Separate and retain non-admissible evidence. 
Identify and review similar proofs to confirm that evidence is sufficient to proceed to prosecution. 
Maintain security, recording and continuity of evidence. 
Plan and prepare brief of evidence according to standards required by the prosecution. 
Include all required information in the brief and meet all legal requirements. 
Provide brief to prosecution and other parties as required by law and organisational requirements. 
Brief counsel on the case when required, and advise any circumstances that may affect the progress and outcomes. 
Identify and use expert witnesses when required and familiarise them with the evidence. 
Organise witness summonses when required. 
Maintain contact with witnesses to ensure cooperation, communication and attendance at proceedings. 
Consider all related information, whether likely to be admissible as evidence, or not. 
Cross-check information to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur. 
Identify and assess gaps and inadequacies to allow further collection of evidence. 
Handle and store information appropriately. 
Prepare witness and expert statements. 
Include all evidence in the brief that is likely to be admissible by the court. 
Separate and retain non-admissible evidence. 
Identify and review similar proofs to confirm that evidence is sufficient to proceed to prosecution. 
Maintain security, recording and continuity of evidence. 
Plan and prepare brief of evidence according to standards required by the prosecution. 
Include all required information in the brief and meet all legal requirements. 
Provide brief to prosecution and other parties as required by law and organisational requirements. 
Brief counsel on the case when required, and advise any circumstances that may affect the progress and outcomes. 
Identify and use expert witnesses when required and familiarise them with the evidence. 
Organise witness summonses when required. 
Maintain contact with witnesses to ensure cooperation, communication and attendance at proceedings. 

Forms

Assessment Cover Sheet

PSPREG010 - Prepare a brief of evidence
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

PSPREG010 - Prepare a brief of evidence

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: