POLAUX006
Administer legislation in a policing environment


Application

This unit describes the skills required to administer legislation in a policing environment, including the application of legislation and powers and the production of judicial documentation.

This unit applies to those working as community police staff, in metropolitan and/or remote areas.

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 information security and codes of conduct.

Those undertaking this unit would demonstrate independent judgement. They would perform routine tasks, whilst providing and transmitting solutions to problems in a range of known contexts.

No licensing, legislative or certification requirements apply to 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. Apply legislation related to offences

1.1 Assess situation to determine whether an offence has been committed.

1.2 Identify sections of legislation applicable to situation to inform policing response.

1.3 Describe elements of offences to differentiate between categories.

1.4 Identify potential evidence of offences to facilitate preservation.

2. Exercise legislative powers and cautions

2.1 Identify legislative sources of police powers to inform policing responses.

2.2 Identify factors that may impact on policing responses.

2.3 Apply police powers to respond to situations.

2.4 Deliver relevant cautions and rights in accordance with legislative requirements.

3. Prepare judicial documents

3.1 Develop briefs of evidence.

3.2 Assess brief of evidence for elements of offences.

3.3 Check own judicial documents for compliance purposes.

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.

identifying sources of legislation which relate to policing

applying legislation to scenarios to inform the use of police powers

communicating with stakeholders as part of policing responses and judicial processes

developing briefs of evidence that comply with judicial policies and current legislation


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.

hierarchy of Australian court system in relation to police processes

current Commonwealth, national, state or territory legislation that outlines powers and responsibilities applicable to policing

offences and the elements that constitute such offences

rules of evidence

current and relevant case law and legal precedents, as determined by police jurisdictions

professional standards


Assessment Conditions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

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.

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

Auxiliary