Application
This unit describes the skills and knowledge required to critically analyse complex information and work collaboratively with others to determine appropriate child protection orders and proceed with application for, and implementation of, those orders. It includes the ability to develop and articulate in writing a substantiated rationale for decisions made.
This unit applies to child protection workers who use advanced critical analysis, communication and evaluation skills to make professional judgements in relation to applications for child protection orders. Orders and processes will vary depending on the State or Territory of work.
The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand Standards and industry codes of practice.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements define the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Determine and recommend child protection orders | 1.1 Critically analyse information and make substantiated and informed decision about whether a child is in need of protection based on assessment of presenting risk factors 1.2 Use professional collaboration to inform the decision making process 1.3 Inform the child (if age appropriate) and parents about the recommendation and process to apply for a child protection order 1.4 Communicate with child in age appropriate ways to determine their views and wishes in relation to court application 1.5 Recommend client application for most appropriate order based on legislative and assessment requirements 1.6 Prepare affidavits according to legal requirements and include children’s views, according to individual case needs |
2. Apply for orders | 2.1 Develop application for order according to legal requirements 2.2 Clearly articulate and substantiate in writing the rationale, assessment plan and required provisions for orders 2.3 Clearly explain to parents and child (where age appropriate) the rationale for applying for the order and the effects of the order 2.4 Select and use the most appropriate medium to apply for orders to the magistrate 2.5 Provide a copy of the order to at least one parent 2.6 Develop accurate and complete documentation associated with orders according to organisation policy |
3. Prepare for, and appear in court | 3.1 Coordinate operational aspects of court processes according to organisation procedures 3.2 Assess case information and determine appropriate responses for court examinations 3.3 Represent the organisation in a professional manner in court and adhere to court standards of presentation and behaviour 3.4 Answer questions and present facts clearly, concisely, confidently and accurately |
4. Implement and supervise orders | 4.1 Complete documentation related to implementation of orders 4.2 Use effective communication skills to engage and build rapport with children and families 4.3 Collaborate with professional colleagues and families as part of review and decision-making processes 4.4 Articulate and document rationale for decisions made 4.5 Participate in development of forward plans with family using strengths-based approaches 4.7 Provide visitation support to child, family and carer according to case plan 4.8 Regularly review case plans, make judgements about progress and make adjustments accordingly 4.9 Use evaluation of individual cases to inform learning and future work planning |
Evidence of Performance
The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:
performed the activities outlined in the performance criteria of this unit in the workplace
applied for and implemented child protection orders for at least 5 different children, including:
recommending court orders based on a critical analysis of information and assessment that includes the child views and wishes
documenting the application according to legal requirements
articulating substantiated rationale for judgements and decisions
coordinated court processes, including the following:
setting date and time for court mention
lodging and serving court paperwork
completing affidavit of service
completing court paperwork in accordance with legislation and court timeframes
providing affidavit material that contains evidence and clear rationale for why the child is in need of protection
communicated effectively with both adults and children at all stages of the process, using strengths-based approaches and the following skills:
listening and understanding
speaking clearly and directly
negotiating responsively
persuading effectively
being appropriately assertive
empathising
using age appropriate language
using neutral language
represented the organisation in court on at least 2 occasions
collaborated with both internal and external colleagues and specialist practitioners.
Evidence of Knowledge
The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:
legal and ethical considerations for child protection order process, and how these are applied in organisations and individual practice:
children in the workplace and child focused practice, including issues for children in dealing with the legal system
codes of conduct
discrimination
duty of care
human rights
mandatory reporting
practitioner/client boundaries
privacy, confidentiality and disclosure
policy frameworks
records management
rights and responsibilities of workers, employers and clients
specific legislative frameworks that apply to application for orders, including:
roles and responsibilities of key bodies within the child protection system including their powers, orders and processes
legal options available to children and families
child protection
witness legislation
bail conditions to protect children
role of the independent child lawyer in the Family Court jurisdictions
criminal injuries compensation
orders under domestic violence legislation
work role boundaries – responsibilities and limitations
work health and safety
factors and complexities that contribute to decision making about child protection
types of orders that apply in different situations and rationale for their use
the role of collaboration in child protection work, its importance, and the implications of lack of collaboration
methods of critical analysis, and how these are applied in the context of making decisions about child protection orders
court and legal processes, including the requirement for:
setting date and time for court mention
lodging and serving court paperwork
completing affidavit of service
completing court paperwork in accordance with legislation and court timeframes
requirements for affidavit material to contain evidence and clear assessment of why the child is in need of protection
examination, cross-examination, re-examination
techniques for developing a clear and substantiated rationale for decisions made in written materials
context for, and features of forward plans, including re-unification, permanency planning:
when they are appropriate/not appropriate
challenges for and how to respond
how they can be formulated and progressed
legal processes required.
Assessment Conditions
Skills must have been demonstrated in the workplace with the addition of simulations and scenarios where the full range of contexts and situations have not been provided in the workplace. The following conditions must be met for this unit:
use of suitable facilities, equipment and resources, including:
client information
legal procedures
risk assessment tools
organisation policies and procedures
modelling of industry operating conditions, including scenarios that involve complex interactions with others.
Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.
Foundation Skills
The Foundation Skills describe those required skills (language, literacy, numeracy and employment skills) that are essential to performance.
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.