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

Elements and Performance Criteria

1. Manage a brief for pre-hearing mention
   • Assess brief to ensure sufficiency of evidence.
   • Analyse evidence to determine that it substantiates elements of offences.
   • Evaluate brief to determine possible defences.
   • Analyse brief to identify adherence to legislation and precedent.
   • Identify deficiencies in the brief to determine remedial actions.
2. Communicate with stakeholders
   • Engage with stakeholders to resolve issues.
   • Negotiate with stakeholders to progress case.
   • Document actions undertaken on brief for recording purposes.
   • Provide assistance and advice to the court regarding the management of pre-hearing mentions.
3. Present a case
   • Present circumstances of the case for courts consideration.
   • Detail issues and concessions of the case.
   • Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.
   • Assess status of unresolved issues throughout proceedings to identify further actions required.
4. Complete pre-hearing mention duties
   • Analyse circumstances of the case to determine need for applications.
   • Submit applications to achieve desired outcome of prosecution.
   • Record issues and court outcomes for future reference.
   • Process briefs for administrative purposes.
   • Communicate with stakeholders to inform them of unresolved issues and outcomes.
   • Analyse conduct of prosecution case critically to identify areas for improvement.
   • Develop recommendations for continuous improvement purposes.
5. Manage a brief for pre-hearing mention
   • Assess brief to ensure sufficiency of evidence.
   • Analyse evidence to determine that it substantiates elements of offences.
   • Evaluate brief to determine possible defences.
   • Analyse brief to identify adherence to legislation and precedent.
   • Identify deficiencies in the brief to determine remedial actions.
6. Communicate with stakeholders
   • Engage with stakeholders to resolve issues.
   • Negotiate with stakeholders to progress case.
   • Document actions undertaken on brief for recording purposes.
   • Provide assistance and advice to the court regarding the management of pre-hearing mentions.
7. Present a case
   • Present circumstances of the case for courts consideration.
   • Detail issues and concessions of the case.
   • Evaluate the need for applications and submissions in accordance with pre-hearing mention requirements.
   • Assess status of unresolved issues throughout proceedings to identify further actions required.
8. Complete pre-hearing mention duties
   • Analyse circumstances of the case to determine need for applications.
   • Submit applications to achieve desired outcome of prosecution.
   • Record issues and court outcomes for future reference.
   • Process briefs for administrative purposes.
   • Communicate with stakeholders to inform them of unresolved issues and outcomes.
   • Analyse conduct of prosecution case critically to identify areas for improvement.
   • Develop recommendations for continuous improvement purposes.

Performance Evidence

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.

managing and processing briefs and files for court purposes

communicating with stakeholders

presenting a case and tendering documents to the court

making persuasive and judicial submissions and applications to the court

developing recommendations for continuous improvement purposes

identifying gaps in briefs/evidence and undertaking remedial actions

recording actions and outcomes for future reference

analysing circumstances critically and develop strategies

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Knowledge Evidence

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.

current Commonwealth, national, state or territory legislation, jurisdictional policies and procedures which regulate the Rules of Evidence

jurisdictional information management systems and legal databases

sources of law

stakeholder roles and responsibilities

organisational policy and procedures

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