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Elements and Performance Criteria

  1. Facilitate court appearances of witnesses.
  2. Maintain the integrity of court proceedings in a remote witness room.

Required Skills

Required skills

initiative and enterprise skills to apply

legislation rules practices and procedures relating to working in a court environment

procedures relating to public sector legislation such as OHS procedures relating to working in a court environment

communication skills to

make oral presentations to call witnesses and administer oaths and affirmations when required

elicit witness information

deal effectively with legal representatives and judges associates

interpersonal skills to respond to diversity including gender and disability

literacy and numeracy skills to complete

court forms and documentation

statistical returns

technology skills to operate court technology in witness and conference rooms

Required knowledge

types of proceedings

role and function of sheriffs officer or court officer in relation to witnesses giving evidence facetoface and via closedcircuit television

legislative requirements of witnesses

court procedures and protocols relating to witnesses

standard operating procedures relating to witnesses

documentary and administrative requirements relating to witnesses appearing in court

equal employment opportunity principles

equity and diversity principles

working ethically

public sector legislation such as OHS and environment in the context of witness management

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to

facilitate witness court appearances in compliance with legislative and organisational requirements appropriate to the type of proceedings

complete administrative duties appropriate to witness appearances

apply appropriate communication with witnesses to ensure integrity of court

apply organisational procedures and legislative requirements to maintain integrity of court in remote witness room

provide and maintain appropriate security for witnesses witness rooms and exhibits

Consistency in performance

Competency should be demonstrated by managing witnesses in a range of settings over time

Context of and specific resources for assessment

Assessment must comply with

applicable regulations and codes

workplace procedures and protocols

Access may be required to

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered managing witnesses including coping with difficulties irregularities and breakdowns in routine

legislation policy procedures and protocols relating to witnesses

case studies and workplace scenarios to capture the range of situations likely to be encountered when managing witnesses

Guidance information for assessment

The following assessment methods are suggested

oral questioning about relevant legislation acting ethically and applying processes

observation of the candidate in a range of contexts to ensure achievement of the unit outcomes

feedback from peers andor supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly Questioning techniques should suit the language and literacy levels of the candidate


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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Witness details provided may be:

prior to witness being called to give evidence

at an adjournment or break in proceedings

as witness enters court to give evidence

Swearing in may include:

checking identification and swearing in interpreter first

using religious oaths or affirmations in line with witness wishes

using interpreter's oath or affirmation

Screening may include:

one-way mirror screen

partition

Administrative duties may include:

determining eligibility of prosecution witnesses for payment of witness fees

organising sign-off and payment of witness fees

recording information, for example in witness book

Witness room may include:

conference room where vulnerable witnesses give evidence via closed-circuit television

Other personnel in witness room may include:

court companion

support person

interpreter

Set role may include:

sheriff's officer or court officer maintaining integrity of court proceedings and ensuring that witnesses follow direction of the presiding official

security, ensuring that:

no unauthorised person enters the room

witness does not leave the room without the authorisation of the presiding official

remaining with witnesses at all times especially in the event of interrupted transmissions or equipment failure

not taking on a 'support person' role, for example not comforting a distraught witness or requesting adjournment

not interrupting, intervening, coaching or intimidating witnesses

not offering explanations, interpretation or guidance to witnesses

not speaking to witnesses about the case or their evidence