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Elements and Performance Criteria

  1. Confirm court requirements.
  2. Undertake activities as part of court duties.
  3. Complete court documentation.

Required Skills

Required skills

initiative and enterprise skills to apply

legislative requirements relating to performing court duties

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

communication skills to

elicit information from persons attending court

announce persons in court

interpersonal skills to respond to diversity including gender and disability

literacy skills to

accurately complete court forms and documentation

complete statistical returns

technology skills to operate court technology

Required knowledge

legislation regulations policies procedures and guidelines relating to court duties

court hierarchy and jurisdictions

relevant court proceedings and terminology

court layout procedures and protocols

requirements of and offences under enabling legislation

operational procedures

equal employment opportunity principles

equity and diversity principles

working ethically

public sector legislation such as OHS and environment in the context of court duties

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

use information to identify and confirm requirements relevant to court jurisdiction parties and proceedings

apply terminology in accordance with court protocol

perform duties specific to courts jurisdiction

identify and complete documentary requirements

apply legislative and organisational policies procedures and protocols

Consistency in performance

Competency should be demonstrated by performing court duties on a range of occasions 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 when performing court duties including coping with difficulties irregularities and breakdowns in routine

legislation policy procedures and protocols relating to court duties

case studies and workplace scenarios to capture the range of situations likely to be encountered when performing court duties

Guidance information for assessment

The following assessment methods are suggested

oral questioning about relevant legislation acting ethically and applying processes

observation of the candidate responding to 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.

Courts may include:

local courts

Magistrates' Court

County Court

District Court

Supreme Court

High Court

Federal Court

Family Court

Coroner's Court

tribunals

Federal Magistrates Service

Jurisdiction may include:

for Magistrates' Court: civil jurisdiction, small claims, investigation summons, committals, call-over procedures, and trial court procedures

for juvenile/youth courts: jurisdiction to deal with juvenile offences, adoptions, and care and protection

for Coroner's Court: jurisdiction to deal with disappearances as well as deaths

for Supreme and District Court: jurisdiction to deal with criminal trials, Basha inquiries, competency hearings, Dietrich applications, criminal court of appeal, and civil matters

High Court

Federal Court

Typesof proceedings may include:

call-over procedures

pre-trial conferences

committal procedures

small claims

investigation and examination summonses

jury trials

judge-only trials

Matters may include:

adoptions

appeals

arraignments

bail applications

breach of bail hearings

breach of security hearings

care and protection matters

civil matters

committal hearings

competency hearings

contempt hearings

criminal trials

directions hearings

failure to appear

family court matters

in camera hearings

inquests

interlocutory proceedings

interpleaders

juvenile offences

parole applications

rescue

voir dires

Special requirements may include:

legislative conditions relating to those present

closed court

whether note taking is permitted

use of tape recorders in court

vulnerable witnesses

special furniture or equipment

juries to be sworn separately or as a whole

Parties may include:

presiding official

judge's associate

officer of the court

parties to the proceedings

prosecutor

legal representative

court reporter

jury panel

witness

corrective services personnel

police

parent

guardian

social worker

family and community services personnel

interpreter

victim of crime

counsel assisting the coroner

coronial services officer

Court layout may include:

catering for:

multiple defendants and their legal representatives

juveniles

vulnerable witnesses

use of technology

potentially dangerous defendants

Equipment and technology may include:

whiteboard, including electronic whiteboard

electronic equipment for slides, videos, etc.

remote viewing equipment

video-conferencing equipment

overhead projectors

computers

document readers

tape recorders for electronic recording of interviews

Court duties may include:

court orderly duties

proclamations for opening and closing court, and end of day

court security

responsibility for exhibits

set up and correct functioning of court technology

execution of process

General protocols and procedures may include:

correct mode of address in and out of court for judge, magistrate and other court users

procedures for entering and leaving a courtroom, and escorting presiding officer, complainant, witnesses and juries

standard operating procedures for dealing with disorderly conduct in court

security procedures

procedures for recording information

file handling procedures

procedures for handling juries, witnesses and exhibits

procedures for dealing with vulnerable witnesses

protocols relating to the public

Terminology may include:

action

adjournment

affidavit

affirmation

associate

bail

bar table

bench

cause list

claim

closed court

complaint

court

court monitor

Crown

defendant

deposition

dock

duty

estreatment

ex parte

information

jury box

judge, justice and magistrate

nolle prosequi

oath

precinct

process

prosecutor

recognisance

remand

sheriff

sine die

statement

summons

tipstaff

under oath

voir dire

warrant

witness

witness box

Duties specific to court's jurisdiction may include:

placing a person in custody when ordered by the court

receiving driving licences after disqualification

making appointments for drug assessment, driving assessment, etc.

dealing with emotionally distressed people

attending inquests

ensuring only relevant people are admitted to the courtroom, especially in juvenile courts

working with private security guards or escort services for defendants in custody

Legislation may include:

state, territory and commonwealth Acts relating to:

admiralty

bail

bankruptcy

child protection

coroners

courts

crime

fines

family law

juvenile offenders

residential tenancies

Records may include:

cause lists

client information sheets

statistical data forms

witness details

exhibit lists

claim forms for witnesses and jurors

payment forms

cover sheets for declarations

inquest logs

Documentary requirements may include:

paperwork for release on bail or community service orders

guarantor's details and documents to be signed

remand and adjournment slips

small claims proformas

notice of payment forms

care and protection forms

adoption forms

warrants