Assessor Resource

PSPREG020
Conduct prosecutions

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to review a brief of evidence and prosecute offences while acting as the prosecutor in court.

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 autonomously, 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. Prepare for prosecution

1.1 Review and clarify brief of evidence with the authorised officer, where necessary, prior to court proceedings.

1.2 Identify precedents as relevant.

1.3 Prepare questions to address the facts of the brief.

1.4 Brief personnel involved.

1.5 Agree upon parameters for negotiating out of court prior to prosecution with authorised organisational personnel.

2. Conduct a prosecution

2.1 Follow evidentiary procedures and conduct prosecution according to court processes, protocols, rules of evidence and organisational instructions.

2.2 Maintain personal presentation.

2.3 Complete file endorsements.

2.4 Follow up or complete matters arising from proceedings.

2.5 Review the outcome of the prosecution to provide input or recommendations for handling future cases.

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.

making presentations including participating in complex oral exchanges in briefing sessions and in court

reading complex, lengthy documents to ascertain key elements

undertaking research to identify precedents

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 process, procedures and protocols

court conduct

enabling legislation and offences

sections of the Evidence Act

types of evidence

rules of evidence

possible defences

burden of proof

role of expert witnesses

hearsay

public sector legislation, including WHS and environment in the context of conducting prosecutions

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 prosecution

1.1 Review and clarify brief of evidence with the authorised officer, where necessary, prior to court proceedings.

1.2 Identify precedents as relevant.

1.3 Prepare questions to address the facts of the brief.

1.4 Brief personnel involved.

1.5 Agree upon parameters for negotiating out of court prior to prosecution with authorised organisational personnel.

2. Conduct a prosecution

2.1 Follow evidentiary procedures and conduct prosecution according to court processes, protocols, rules of evidence and organisational instructions.

2.2 Maintain personal presentation.

2.3 Complete file endorsements.

2.4 Follow up or complete matters arising from proceedings.

2.5 Review the outcome of the prosecution to provide input or recommendations for handling future cases.

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.

making presentations including participating in complex oral exchanges in briefing sessions and in court

reading complex, lengthy documents to ascertain key elements

undertaking research to identify precedents

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 process, procedures and protocols

court conduct

enabling legislation and offences

sections of the Evidence Act

types of evidence

rules of evidence

possible defences

burden of proof

role of expert witnesses

hearsay

public sector legislation, including WHS and environment in the context of conducting prosecutions

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
Review and clarify brief of evidence with the authorised officer, where necessary, prior to court proceedings. 
Identify precedents as relevant. 
Prepare questions to address the facts of the brief. 
Brief personnel involved. 
Agree upon parameters for negotiating out of court prior to prosecution with authorised organisational personnel. 
Follow evidentiary procedures and conduct prosecution according to court processes, protocols, rules of evidence and organisational instructions. 
Maintain personal presentation. 
Complete file endorsements. 
Follow up or complete matters arising from proceedings. 
Review the outcome of the prosecution to provide input or recommendations for handling future cases. 
Review and clarify brief of evidence with the authorised officer, where necessary, prior to court proceedings. 
Identify precedents as relevant. 
Prepare questions to address the facts of the brief. 
Brief personnel involved. 
Agree upon parameters for negotiating out of court prior to prosecution with authorised organisational personnel. 
Follow evidentiary procedures and conduct prosecution according to court processes, protocols, rules of evidence and organisational instructions. 
Maintain personal presentation. 
Complete file endorsements. 
Follow up or complete matters arising from proceedings. 
Review the outcome of the prosecution to provide input or recommendations for handling future cases. 

Forms

Assessment Cover Sheet

PSPREG020 - Conduct prosecutions
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

PSPREG020 - Conduct prosecutions

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: