Google Links

Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Prepare for court proceedings
  2. Present evidence
  3. Implement relevant outcomes of proceedings

Required Skills

This describes the essential skills and knowledge and their level required for this unit

Required Skills

reading and interpreting a range of information relevant to jobrole which may include legislation and its impact on council operations

demonstrating clear open communication and consultation with the community and stakeholders and managing stakeholder relationships using a range of communication techniques to assess their needs and expectations which may involve participation in and facilitation of committees

chain of custody requirements for validity of physical evidence

collating and organising information

preparing statements and writing reports

relating to people from a range of social cultural and ethnic backgrounds and physical and mental abilities

achieving effective working relationships that demonstrate an ability to work collaboratively with people from diverse backgrounds

problem solving and conflict management

monitoring own work and adjusting to meet agreed standards and expectations

engaging in activities that promote own ongoing learning requirements which may include maintaining current knowledge of legislation and common law

using technology relevant to the jobrole which may include the use of computers and other relevant office technology

Required Knowledge

councils position on litigation

relevant legislation including rules of evidence and continuity of evidence

procedures and protocols of judicial proceedings and contexts

briefing and documentation requirements

general principles regarding admissibility of evidence in courts

preparation of legal documentation

requirements for handling and managing evidential exhibits

storage requirements for information that is susceptible to spoiling or damage physical samples film and computer tapes

Hidden text

Evidence Required

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the elements to the required performance level detailed in the performance criteria The units skill and knowledge requirements must also be demonstrated For example knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated

Critical aspects of evidence to be considered

The demonstrated ability to

understand and comply with protocols and procedures required for attendance in a judicial or quasijudicial environment

present evidence in a clear and concise manner and as required provide specialist opinion within own level of qualification and expertise

follow up outcomes of proceedings review implications and determine appropriate action to be implemented

prepare and complete documentation and maintain records and systems

Context of assessment

on the job or in a simulated work environment

written or oral test

roleplay

Method of assessment

The following assessment methods are suggested

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and oral questioning to assess knowledge and understanding

completion of workplace documentation

thirdparty reports from experienced practitioners

completion of selfpaced learning materials including personal reflection and feedback from trainer coach or supervisor

Evidence required for demonstration of consistent performance

Evidence will need to be collected over time across a range of variables

Resource implications

Access to a workplace or simulated environment that provides

relevant legislation

formal legal procedures

a range of evidence


Range Statement

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below.

Court may include:

district

local

supreme

federal

tribunals

magistrates

criminal, coronial and civil.

Arrangements, role and involvement may include:

confirmation of time, date and location of proceedings

confirmation of evidence required to be presented.

Proceedings may include:

nuisance assessment

alleged breaches of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenges to council control plans

equal employment opportunity commission

compulsory conferences

conciliation

arbitration of formal hearings

public assembly or crowd control by-laws

parking

Dog Act

Health Acts

Food Acts

fire prevention regulations

Environment Acts and policies.

Appropriate persons may include:

council officers

councillors

supervisors

legal representatives

clients.

Documentation and exhibits may include:

reports

photographs

items of evidence

media footage

reports of incidents

radio and telephone records or logs.

Legislative and council requirements may include:

relevant federal, state or territory, or local legislation:

occupational health and safety

environmental issues

equal employment opportunity

industrial relations

anti-discrimination and diversity

licensing arrangements

Australian standards, quality assurance and certification requirements

applicable Crimes Acts and codes

relevant industry codes of practice

award and enterprise agreements

trade practices

privacy requirements

freedom of information and confidentiality

council requirements may relate to:

policy and procedures, including personnel practices and guidelines

goals, objectives, plans, systems and processes

legislation relevant to the operation, incident or response

employer and employee rights and responsibilities

policies and procedures relating to own role, responsibility and delegation

quality and continuous improvement processes and standards

client service standards

defined resource parameters

occupational health and safety policies, procedures and programs

duty of care, code of conduct and code of ethics

access and equity policy, principles and practice

records and information systems and processes

communication channels and reporting procedures.

Court protocols may include:

punctuality

voice clarity and language

impartiality

forms of address

respect for people and offices held

standards of dress and physical appearance

readiness of self and evidence

general demeanour.

Rules of evidence may include:

admissibility

chain of custody of samples

contemporaneousness.

Evidence may include:

facts

testimony

documents

physical exhibits.

Feedback may include:

formal and informal performance appraisals

comments from supervisors, colleagues or clients

personal, reflective behaviour strategies

workplace assessment.

Hidden text