Application
This unit describes the skills required to generate records for evidentiary purposes and to participate in judicial proceedings, including claiming exemptions from the provision of information.
This unit applies to those working as police officers involved in covert environments. Individuals may be tasked additional responsibilities by their jurisdiction.
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 related to work health and safety (WHS).
Those undertaking this unit would work both autonomously and within teams as required. They would be required to apply critical thinking and analysis skills to effectively prepare and present evidence. They would show adaptability and demonstrate ethical and professional policing qualities while performing complex tasks in a broad range of contexts.
No licensing, legislative or certification requirements apply to the 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 documentation for judicial proceedings | 1.1 Develop statements detailing own participation in operation. 1.2 Identify whether content of statements is relevant to judicial proceedings and is admissible as evidence. 1.3 Compile documentation for submission to judicial proceedings. 1.4 Maintain records that comply with requirements pertaining to the admissibility of evidence in a judicial proceeding. |
2. Give evidence in a judicial setting | 2.1 Comply with rules of evidence in testimony to support admissibility. 2.2 Comply with jurisdictional court procedures to support judicial outcomes. 2.3 Present evidence in a clear, concise and articulate manner. |
3. Claim public interest immunity | 3.1 Identify situations that fall within the ambit of public interest immunity to mitigate risks. 3.2 Advise judicial stakeholders prior to the commencement of proceedings of aspects that may be subject to public interest immunity argument. 3.3 Communicate intention to claim public interest immunity within judicial proceedings. |
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 evidence in court
compiling and submitting court documentation
maintaining continuity of evidence
conducting a claim for privilege
managing evidence for presentation to court proceedings
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.
jurisdictional legislation, policies and procedures relating to evidence collection and presentation
judicial policies and procedures
information privacy and security
rules of evidence
public interest immunity
policies and procedures relating to claims for privilege
presentation of products in court
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
Covert