This unit of competency has wide application in the security industry in those roles involving operational activities. Competency requires legal and operational knowledge applicable to relevant sectors of the security industry. The knowledge and skills described in this unit are to be applied within relevant legislative and organisational guidelines.

ELEMENT

PERFORMANCE CRITERIA

1Gather and organise evidence.

1.1 Applicable provisions of legislative and organisational requirements relevant to the preparation and presentation of evidence are identified and complied with.

1.2 A summary of the case history and other relevant information is gathered and organised.

1.3 Information to be used as evidence is confirmed for reliability and relevance in accordance with organisational procedures.

1.4 Evidence is organised in accordance with evidence management principles.

2Prepare for court proceedings.

2.1 Briefing sessions are held with relevant persons to confirm court arrangements, role and involvement.

2.2 Information to be presented as evidence and negotiation parameters is discussed with relevant persons.

2.3 Briefs of evidence are submitted in a logical sequence appropriate to jurisdictional requirements and comply with the relevant rules of evidence.

2.4 Material to be used or referred to in court proceedings is thoroughly reviewed prior to presentation in court to ensure familiarity, completeness and availability.

2.5 Documentation and exhibits are prepared to ensure their acceptability for use in court in accordance with procedural requirements.

3Present evidence.

3.1 Rules of evidence, procedures and protocols relevant to the jurisdiction involved are observed and adhered to throughout proceedings.

3.2 Personal presentation, manner and language are consistent with court protocols.

3.3 Evidence is admissible and presented in a clear, concise and unambiguous manner and complies with rules of evidence.

3.4 Specialist opinion within own level of qualification and expertise is provided on request in accordance with organisational procedures.

3.5 Outcomes of proceedings and associated documentation and evidence are noted, filed and stored in accordance with legislative requirements.

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

Required skills

adhere to court protocols and procedures

check and review documentation for accuracy, spelling and grammar

communicate effectively with people from different social, cultural and ethnic backgrounds and of varying physical and mental abilities

communicate verbally and non-verbally in a clear and concise manner

identify and comply with applicable legal and procedural requirements, including licensing requirements

identify relevant and valid information as admissible evidence

maintain, store and preserve evidence

prepare documentation using appropriate structure and language

read, analyse and interpret information

record and accurately report information

research, select and organise information

select and use information technology appropriate to task

store and preserve evidence

use a range of business equipment and technology appropriate to meet task requirements.

verify validity of information

write reports using formal structure and language.

Required knowledge

briefing, documentation and preparation requirements

court protocols and procedures relevant to the jurisdiction

document and evidence management systems

evidence preparation and presentation requirements

general principles regarding the admissibility of evidence in courts

organisation policies and procedures relating to own role and responsibilities and providing specialist opinion

principles of effective communication

privacy and confidentiality requirements

procedures for handling and managing evidential exhibits

relevant industry codes of practice and legislation including 'rules of evidence' and 'continuity of evidence'

requirements for handling and managing evidential exhibits

storage requirements for information that is susceptible to spoil or damage (film, computer tapes)

techniques to verify and validate information.

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

A person who demonstrates competency in this unit must be able to provide evidence of:

sourcing, organising and confirming validity of information

following up outcomes of proceedings and feedback, reviewing implications as the basis for appropriate actions to be implemented

managing and storing evidence and material to ensure its preservation, and completing relevant documentation in compliance with applicable legislation and licensing requirements

presenting evidence in a clear, concise and unambiguous manner and, as required, providing specialist opinion within own level of qualification and expertise

researching and selecting information that is determined relevant and valid for use as admissible evidence in a judicial or quasi-judicial environment

understanding and complying with court protocols, legislative and procedural requirements including appropriate use of communication and language.

Context of and specific resources for assessment

Context of assessment includes:

a setting in the workplace or environment that simulates the conditions of performance described in the elements, performance criteria and range statement.

Resource implications for assessment include:

access to plain English version of relevant statutes and procedures

access to a registered provider of assessment services

access to a suitable venue and equipment

assessment instruments including personal planner and assessment record book

work schedules, organisational policies and duty statements.

Reasonable adjustments must be made to assessment processes where required for people with disabilities. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support.

Method of assessment

This unit of competency could be assessed using the following methods of assessment:

observation of processes and procedures

questioning of underpinning knowledge and skills.

Guidance information for assessment

Assessment processes and techniques must be culturally appropriate and suitable to the language, literacy and numeracy capacity of the candidate and the competency being assessed. In all cases where practical assessment is used, it should be combined with targeted questioning to assess the underpinning knowledge.

Oral questioning or written assessment may be used to assess underpinning knowledge. In assessment situations where the candidate is offered a choice between oral questioning and written assessment, questions are to be identical.

Supplementary evidence may be obtained from relevant authenticated correspondence from existing supervisors, team leaders or specialist training staff.

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.

Legislative requirements may relate to:

apprehension and powers of arrest

Australian standards and quality assurance requirements

counter-terrorism

crowd control and control of persons under the influence of intoxicating substances

force continuum, use of force guidelines

general 'duty of care' responsibilities

inspection of people and property, and search and seizure of goods

licensing or certification requirements

privacy and confidentiality

relevant commonwealth, state, territory legislation, codes and national standards for:

anti-discrimination

cultural and ethnic diversity

environmental issues

equal employment opportunity

industrial relations

Occupational Health and Safety (OHS)

relevant industry codes of practice

trespass and the removal of persons

use of restraints and weapons:

batons

firearms

handcuffs

spray.

Organisational requirements may relate to:

access and equity policies, principles and practices

business and performance plans

client service standards

code of conduct, code of ethics

communication and reporting procedures

complaint and dispute resolution procedures

emergency and evacuation procedures

employer and employee rights and responsibilities

OHS policies, procedures and programs

own role, responsibility and authority

personal and professional development

privacy and confidentiality of information

quality assurance and continuous improvement processes and standards

resource parameters and procedures

roles, functions and responsibilities of security personnel

storage and disposal of information.

Evidence may include:

audio or video recordings

charts

documents

drawings

facts

photographs or images

physical items (eg specimens, samples)

statements

testimonies.

Relevant information may relate to:

admissible evidence

computer-based information

data

original and back-up video or audio tapes

original, copy or negative film or photographs

physical items

precedents

records of interview

reports or documentation

specimens and samples

tape recordings

witness statements.

Evidence management may involve:

constant reviews during an investigation

continuity of possession

labelling

protection and storing of evidence

referral to prosecution organisations at any stage

systematic recording such as dating and numbering

using written or electronic database systems.

Courtsmay include:

criminal, coronial and civil

district

federal

Human Rights and Equal Opportunity Commission

Industrial Relations Commission

Land and Environment Court

local

magistrates

Royal Commissions

supreme

tribunals.

Court arrangementsmay relate to:

confirmation of evidence requirements

date, location and time of proceedings

documentation requirements.

Relevant personsmay include:

clients

colleagues

judicial representatives

legal representatives

police

supervisor.

Documentation and exhibitsmay relate to:

affidavits

items of evidence

media footage

photographs

radio and telephone records or logs

reports

reports of incidents

transcripts of conversation.

Rules of evidencemay involve:

admissibility

contemporaneousness.

Courtprotocolsmay relate to:

examination and cross-examination procedures

forms of address

general demeanour

impartiality

punctuality

readiness of self and evidence

respect for people and offices held

standards of dress, physical appearance

voice clarity and language.

Unit sector

Security

Operations

This unit contains employability skills.