Assessor Resource

PSPREG410B
Give evidence

Assessment tool

Version 1.0
Issue Date: March 2024


Not applicable.

This unit covers the requirements of giving evidence in a range of legal proceedings. It includes preparing for proceedings, presenting evidence, and following up outcomes of proceedings.

In practice, giving evidence may overlap with other generalist or specialist public sector work activities such as acting ethically, complying with public sector legislation, applying government processes, working with interpreters, etc.

This unit replaces and is equivalent to PSPREG410A Give evidence.

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

Prerequisites

Not applicable.


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.

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Pre-requisite unitsthat must be achieved prior to this unit:Nil

Co-requisite unitsthat must be assessed with this unit:Nil

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:

PSPETHC401A Uphold and support the values and principles of public service

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPGOV408A Value diversity

PSPGOV419A Work with interpreters

PSPGOV422A Apply government processes

PSPREG401C Exercise regulatory powers

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

the knowledge requirements of this unit

the skill requirements of this unit

application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)

giving evidence in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment

These resources include:

legislation, policy, procedures and protocols relating to presentation of evidence

case studies and workplace scenarios to capture the range of likely offences for which evidence needs to be presented

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when giving evidence, including coping with difficulties, irregularities and breakdowns in routine

giving evidence in a range of (3 or more) contexts (or occasions, over time)

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:

case studies

demonstration

observation

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace and/or training courses

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments


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

Skill requirements

Look for evidence that confirms skills in:

presenting evidence clearly and concisely

writing reports

word processing

taking notes

communicating with people from diverse backgrounds

responding to diversity, including gender and disability

making comparisons and exercising judgment about facts in written materials

report writing using formal structures and language

applying public sector standards and legislation such as occupational health and safety and environment in the context of giving evidence

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

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

organisation policies and procedures relating to preparation of documents and evidence and providing expert opinion

public sector legislation such as occupational health and safety and environment relating to the presentation of evidence

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance Criteria is explained here.

Arrangements for, role and involvement may include

confirmation of time, date and location of proceedings

confirmation of evidence required to be presented

working with/briefing legal counsel

Proceedings may include

criminal, coronial and civil courts

defence tribunals

industrial relations commissions

State industrial tribunals

workers compensation tribunals

human rights commissions

equal opportunity commissions

land and environment courts

royal commissions

disciplinary hearings

administrative reviews

Parliamentary hearings

Documentation and exhibits may include

reports

photographs

items of evidence

media footage

reports of incidents

files, correspondence, meeting notes

radio/telephone record logs

Legislation, policy and procedures may include

legislation relevant to proceedings

legislation relevant to the organisation

operational performance standards

organisational personnel practices and guidelines

organisational quality standards

Witnesses may include

those directly involved

bystanders

experts

organisational personnel

distressed or unwilling witnesses

complainants

Protocols may include

rules of court

correct mode of address for judges, magistrates and other court users, in and out of court

procedures for entering and leaving a courtroom

complying with security procedures

file handling procedures

procedures for handling exhibits

Rules of evidence include

admissibility

contemporaneousness

Deciding authority may include

magistrate

judge

Evidence may include

different aspects in chief, cross-examination and re-examination

Standards for giving evidence may include

voice clarity

language

impartiality

respect for people and offices held

standards of dress

forms of address

Required action may include

follow-up action with legal authorities

re-listing for conciliation conference or arbitration

dealing with evidence, which may include disposal

preparing agreed orders

updating files

closing files

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
Arrangements for, role and involvement in proceedings are confirmed 
Documentation and exhibits are prepared in accordance with legislation, policy and procedures 
Any witnesses are supported as required, in accordance with organisational policy and procedures, to attend proceedings and give evidence 
Protocols and rules of evidence relevant to the setting and the organisation involved are adhered to throughout proceedings 
Feedback from counsel and/or police and comments by deciding authority are noted and incorporated 
Evidence is presented in a clear, concise and articulate manner in accordance with organisational standards 
Quality and standard of evidence and presentation enhance the reputation and image of the organisation with the public, legal profession and colleagues 
Considered expert evidence is provided on request in accordance with the organisation's policy and consistent with qualifications and expertise 
The outcomes of the proceedings are noted and filed, and reports are completed where required according to organisational requirements 
Any required actions are implemented in accordance with organisational policies and procedures 

Forms

Assessment Cover Sheet

PSPREG410B - 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

PSPREG410B - 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: