This unit describes the skills required for the planning and implementation of asset confiscation operations, and includes the identification, seizure and disposal of property and assets involved in criminal activity. This includes having to refer the investigation or assets appropriation to other law enforcement agencies when required.
This unit applies to those working as police officers, generally in a designated investigation role, responsible for confiscating assets. This unit is discrete and separate from other aspects of asset and evidence handling in the investigation process.
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 information security, information management systems, and codes of conduct.
Those undertaking this unit would demonstrate strong autonomy, making independent decisions and accessing support from a broad range of policing services. They would be required to possess strong decision making and problem solving skills, leadership abilities and advanced communication skills. They would perform complex tasks in a range of contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and 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 knowledge of legislation and investigation practices
1.1 Describe links between investigations and the confiscation of assets.
1.2 Identify legislation applicable to confiscation of assets within police investigations.
1.3 Distinguish legal terminology related to different aspects of asset confiscation.
1.4 Assess the investigation in accordance with legislation in order to identify potential referral.
2. Plan a confiscation of assets operation
2.1 Assess the nature and context of the investigation to identify potential assets for confiscation.
2.2 Develop confiscation plan to evaluate the feasibility and practicality of confiscating assets.
2.3 Assess persons of interest within the investigation for confiscation of assets purposes.
2.4 Determine provisions for safe storage and maintenance of confiscated assets.
2.5 Assess confiscation plan continually to account for changing circumstances.
2.6 Review confiscation plan for quality assurance purposes.
2.7 Establish the ownership of assets and property for appropriation purposes.
3. Appropriate and dispose of assets
3.1 Estimate the quantity and potential value of assets for appropriation purposes.
3.2 Establish links between the asset and ownership through further investigation.
3.3 Collect documentation in support of links established between assets and ownership.
3.4 Prepare required documentation for appropriation and protection of assets.
3.5 Determine whether assets are to be seized or restrained for appropriation purposes.
3.6 Apply asset seizure or restraining procedures for appropriation purposes.
3.7 Undertake actions associated with court orders relating to disposal and appropriation of assets.
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.
communicating with stakeholders to facilitate collection of information
developing a plan for confiscation of assets
adhering to court protocols
seizing or restraining assets
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.
general police investigation principles
legislation, in particular relating to the role of law enforcement, when assets may be confiscated and concepts including tainted property, defined benefit, elements of offences/proofs/crimes
investigation principles, including appropriation and confiscation of assets
court protocols (court procedures and evidentiary requirements in provision of briefs of evidence for use by the prosecution)
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.
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.