Assessor Resource

PSPREG011
Give evidence

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to give evidence in a range of legal proceedings. It includes preparing for proceedings, presenting evidence, and following up outcomes of proceedings.

This unit applies to those working in regulatory roles within the public sector involved in giving evidence in legal proceedings.

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 in a range of familiar 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. Prepare for proceedings

1.1 Confirm arrangements for, role and involvement in proceedings.

1.2 Prepare documentation and exhibits.

1.3 Support any witnesses as required, to attend proceedings and give evidence.

2. Present evidence

2.1 Adhere to protocols and rules of evidence relevant to the setting and the organisation involved throughout proceedings.

2.2 Note and incorporate feedback from counsel and/or police and comments by deciding authority.

2.3 Present evidence in a clear, concise and articulate manner.

2.4 Enhance the reputation and image of the organisation through quality and standard of evidence and presentation.

2.5 Provide considered expert evidence on request consistent with qualifications and expertise.

3. Follow up outcomes of proceedings

3.1 Note and file the outcomes of the proceedings and complete reports where required.

3.2 Implement any required actions.

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.

presenting evidence clearly and concisely

writing reports

taking notes

communicating with people from diverse backgrounds

making comparisons and exercising judgment about facts in written materials

report writing using formal structures and language

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.

court prosecution processes

common law versus judicial precedent versus legislation

specific powers of the organisation

court/tribunal/commission structures

jurisdiction of each court/tribunal/commission

appeals systems

role of legal personnel in judicial or quasi-judicial systems

procedures and protocols in different judicial or quasi-judicial systems

types of offences

general principles of criminal liability

exemptions and defences

types of evidence admissible in judicial or quasi-judicial systems

legislative requirements of presenting evidence

use of notes in court/tribunal/commission

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. Prepare for proceedings

1.1 Confirm arrangements for, role and involvement in proceedings.

1.2 Prepare documentation and exhibits.

1.3 Support any witnesses as required, to attend proceedings and give evidence.

2. Present evidence

2.1 Adhere to protocols and rules of evidence relevant to the setting and the organisation involved throughout proceedings.

2.2 Note and incorporate feedback from counsel and/or police and comments by deciding authority.

2.3 Present evidence in a clear, concise and articulate manner.

2.4 Enhance the reputation and image of the organisation through quality and standard of evidence and presentation.

2.5 Provide considered expert evidence on request consistent with qualifications and expertise.

3. Follow up outcomes of proceedings

3.1 Note and file the outcomes of the proceedings and complete reports where required.

3.2 Implement any required actions.

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.

presenting evidence clearly and concisely

writing reports

taking notes

communicating with people from diverse backgrounds

making comparisons and exercising judgment about facts in written materials

report writing using formal structures and language

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.

court prosecution processes

common law versus judicial precedent versus legislation

specific powers of the organisation

court/tribunal/commission structures

jurisdiction of each court/tribunal/commission

appeals systems

role of legal personnel in judicial or quasi-judicial systems

procedures and protocols in different judicial or quasi-judicial systems

types of offences

general principles of criminal liability

exemptions and defences

types of evidence admissible in judicial or quasi-judicial systems

legislative requirements of presenting evidence

use of notes in court/tribunal/commission

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
Confirm arrangements for, role and involvement in proceedings. 
Prepare documentation and exhibits. 
Support any witnesses as required, to attend proceedings and give evidence. 
Adhere to protocols and rules of evidence relevant to the setting and the organisation involved throughout proceedings. 
Note and incorporate feedback from counsel and/or police and comments by deciding authority. 
Present evidence in a clear, concise and articulate manner. 
Enhance the reputation and image of the organisation through quality and standard of evidence and presentation. 
Provide considered expert evidence on request consistent with qualifications and expertise. 
Note and file the outcomes of the proceedings and complete reports where required. 
Implement any required actions. 
Confirm arrangements for, role and involvement in proceedings. 
Prepare documentation and exhibits. 
Support any witnesses as required, to attend proceedings and give evidence. 
Adhere to protocols and rules of evidence relevant to the setting and the organisation involved throughout proceedings. 
Note and incorporate feedback from counsel and/or police and comments by deciding authority. 
Present evidence in a clear, concise and articulate manner. 
Enhance the reputation and image of the organisation through quality and standard of evidence and presentation. 
Provide considered expert evidence on request consistent with qualifications and expertise. 
Note and file the outcomes of the proceedings and complete reports where required. 
Implement any required actions. 

Forms

Assessment Cover Sheet

PSPREG011 - Give 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

PSPREG011 - Give 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: