LGAREGS402B - Provide evidence in court

LGAREGS402B
Provide evidence in court

This unit covers the skills and knowledge required to present evidence in a judicial or quasi-judicial environment. It requires the ability to prepare for legal proceedings, present evidence and follow up outcomes of proceedings. This work would be carried out under supervision and within council guidelines. This unit is derived from and equivalent to PRSSO208A from the Asset Security Training Package and has been contextualised to local government requirements.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication.

Application

This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.

Prerequisites

Prerequisite Unit/s

Elements and Performance Criteria

ELEMENT	PERFORMANCE CRITERIA
1. Prepare for court proceedings	1.1. Court arrangements, role and involvement in proceedings are verified with appropriate persons. 1.2. Documentation and exhibits are prepared in accordance with legislative and council requirements. 1.3. All material to be used or referred to in proceedings is thoroughly reviewed prior to presentation in court to ensure familiarity, completeness and availability. 1.4. Personal presentation, manner and language are consistent with court protocols and council requirements.
2. Present evidence	2.1. Rules of evidence, procedures and protocols relevant to the jurisdiction involved are observed and adhered to throughout the proceedings. 2.2. Evidence is based on fact and is presented in a clear, concise and unambiguous manner and complies with the rules of evidence. 2.3. All evidence required during court proceedings is available in an original form when required. 2.4. Specialist opinion within own level of qualification and expertise is provided on request in accordance with council policy.
3. Implement relevant outcomes of proceedings	3.1. Outcomes of the proceedings are obtained, noted and reports completed where required according to council requirements. 3.2. Required actions are implemented in accordance with council policies and procedures. 3.3. Relevant documentation is completed in accordance with professional obligations in the case and council requirements. 3.4. Feedback, further information and clarification of issues associated with proceedings and outcomes are sought as required from appropriate persons.
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Required Skills

This describes the essential skills and knowledge and their level, required for this unit

Required Skills

reading and interpreting a range of information relevant to job/role, which may include legislation and its impact on council operations

demonstrating clear, open communication and consultation with the community and stakeholders and managing stakeholder relationships using a range of communication techniques to assess their needs and expectations, which may involve participation in and facilitation of committees

chain of custody requirements for validity of physical evidence

collating and organising information

preparing statements and writing reports

relating to people from a range of social, cultural and ethnic backgrounds and physical and mental abilities

achieving effective working relationships that demonstrate an ability to work collaboratively with people from diverse backgrounds

problem solving and conflict management

monitoring own work and adjusting to meet agreed standards and expectations

engaging in activities that promote own ongoing learning requirements, which may include maintaining current knowledge of legislation and common law

using technology relevant to the job/role, which may include the use of computers and other relevant office technology.

Required Knowledge

council's position on litigation

relevant legislation, including 'rules of evidence' and 'continuity of evidence'

procedures and protocols of judicial proceedings and contexts

briefing and documentation requirements

general principles regarding admissibility of evidence in courts

preparation of legal documentation

requirements for handling and managing evidential exhibits

storage requirements for information that is susceptible to spoiling or damage (physical samples, film and computer tapes).

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Evidence Required


Overview of assessment requirements	A person who demonstrates competency in this unit will be able to perform the outcomes described in the elements to the required performance level detailed in the performance criteria. The unit's skill and knowledge requirements must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.
Critical aspects of evidence to be considered	The demonstrated ability to: understand and comply with protocols and procedures required for attendance in a judicial or quasi-judicial environment present evidence in a clear and concise manner and, as required, provide specialist opinion within own level of qualification and expertise follow up outcomes of proceedings, review implications and determine appropriate action to be implemented prepare and complete documentation and maintain records and systems.
Context of assessment	on the job or in a simulated work environment written or oral test role-play.
Method of assessment	The following assessment methods are suggested: observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies written and oral questioning to assess knowledge and understanding completion of workplace documentation third-party reports from experienced practitioners completion of self-paced learning materials, including personal reflection and feedback from trainer, coach or supervisor.
Evidence required for demonstration of consistent performance	Evidence will need to be collected over time across a range of variables.
Resource implications	Access to a workplace or simulated environment that provides: relevant legislation formal legal procedures a range of evidence.

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 in the Performance Criteria is detailed below.
Court may include:	district local supreme federal tribunals magistrates criminal, coronial and civil.
Arrangements, role and involvement may include:	confirmation of time, date and location of proceedings confirmation of evidence required to be presented.
Proceedings may include:	nuisance assessment alleged breaches of planning and building controls damages summary offences compulsory acquisition property valuation legal challenges to council control plans equal employment opportunity commission compulsory conferences conciliation arbitration of formal hearings public assembly or crowd control by-laws parking Dog Act Health Acts Food Acts fire prevention regulations Environment Acts and policies.
Appropriate persons may include:	council officers councillors supervisors legal representatives clients.
Documentation and exhibits may include:	reports photographs items of evidence media footage reports of incidents radio and telephone records or logs.
Legislative and council requirements may include:	relevant federal, state or territory, or local legislation: occupational health and safety environmental issues equal employment opportunity industrial relations anti-discrimination and diversity licensing arrangements Australian standards, quality assurance and certification requirements applicable Crimes Acts and codes relevant industry codes of practice award and enterprise agreements trade practices privacy requirements freedom of information and confidentiality council requirements may relate to: policy and procedures, including personnel practices and guidelines goals, objectives, plans, systems and processes legislation relevant to the operation, incident or response employer and employee rights and responsibilities policies and procedures relating to own role, responsibility and delegation quality and continuous improvement processes and standards client service standards defined resource parameters occupational health and safety policies, procedures and programs duty of care, code of conduct and code of ethics access and equity policy, principles and practice records and information systems and processes communication channels and reporting procedures.
Court protocols may include:	punctuality voice clarity and language impartiality forms of address respect for people and offices held standards of dress and physical appearance readiness of self and evidence general demeanour.
Rules of evidence may include:	admissibility chain of custody of samples contemporaneousness.
Evidence may include:	facts testimony documents physical exhibits.
Feedback may include:	formal and informal performance appraisals comments from supervisors, colleagues or clients personal, reflective behaviour strategies workplace assessment.
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Sectors

Unit Sector	Regulatory Services
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Employability Skills

This unit contains employability skills.

Licensing Information

Not applicable.