Application
This unit describes the skills required to give evidence as an electronic forensics expert witness in legal proceedings. The unit includes preparation for proceedings, presenting evidence and following up on outcomes of proceedings. Proceedings may be to criminal, coronial, civil or military courts; Defence or workers’ compensation tribunals; human rights, equal opportunity or royal commissions; administrative reviews or parliamentary hearings.
This unit applies to those working in the gathering and analysis of electronic information.
The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those relating to WHS and the search and seizure of electronic evidence.
Those undertaking this unit would work independently, with minimal supervision, while performing complex tasks, including making complex judgements. They would use discretion and judgement and take responsibility for the quality of their outputs.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
ELEMENTS | PERFORMANCE CRITERIA |
Elements describe the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section. |
1. Prepare for legal proceedings | 1.1 Confirm arrangements for role and involvement in legal proceedings. 1.2 Prepare documents and other exhibits. 1.3 Identify precedents relevant to the procedures. 1.4 Provide assistance to counsel as required. |
2. Present expert evidence | 2.1 Apply rules of evidence relevant to the jurisdiction. 2.2 Translate technical practices and concepts into non-technical language, with explanations of technologies involved. 2.3 Present evidence in a clear, concise and articulate manner. 2.4 Provide considered expert evidence consistent with relevant qualifications and expertise in the area of electronic forensics. |
3. Monitor and follow up the outcomes of legal proceedings | 3.1 Note and file the outcomes of proceedings and complete reports where required. 3.2 Note and action feedback from counsel and/or legal authority and comments by deciding authority. 3.3 Review outcomes of proceedings to ensure knowledge of trends and precedents is current. 3.4 Recommend changes to organisational policy and proceedings arising from rulings and decisions. |
Evidence of Performance
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.
presenting expert evidence
describing complex technical procedures in simple language
writing complex reports
applying the rules of evidence
applying the constraints of individual qualifications
maximising the potential evidentiary value of the electronic evidence
Evidence of Knowledge
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.
legislative, policy and procedural context in which electronic forensic evidence is given
rules of evidence
court procedures relevant to the specific legal process
procedures and protocols in different judicial systems
types of evidence admissible in judicial systems
legislative requirements of presenting evidence
constraints and limitations of individual qualifications
prosecution process
role of legal personnel
role of expert witnesses
use of forensic documentation and notes in giving evidence
Assessment Conditions
Competency should be assessed in an actual workplace or in a simulated environment, with access to equipment and infrastructure appropriate to the outcome. Competency should be demonstrated over time to ensure the candidate is assessed across a variety of situations, with access to electronic devices with content suitable for forensic extraction including mobile devices, computers or communications equipment.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
The foundation skills demands of this unit have been mapped for alignment with the Australian Core Skills Framework (ACSF). The following tables outline the performance levels indicated for successful attainment of the unit.
ACSF levels indicative of performance:
Further information on ACSF and the foundation skills underpinning this unit can be found in the Foundation Skills Guide on the GSA website.
Competency Field
Electronic Forensics