Application
This unit describes the skills required to assist Indigenous Australians in their dealings with the court. It includes providing advice and support to the court and the Indigenous community, and assisting Indigenous people in court. All support to Indigenous clients must observe the protocols for the sharing of information in a culturally appropriate manner.
This unit applies to those working within the court system operating under procedures set by the court.
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 set by the court.
Those undertaking this unit would generally work independently with occasional supervisory responsibilities. They would perform complex tasks in a range of familiar and unfamiliar 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. Provide information and options | 1.1 Collect and access client information and identify Indigenous client's needs. 1.2 Use client information to identify specific services required, observing protocols for the sharing of information. 1.3 Identify and apply organisational policy and procedures relevant to Indigenous people in the provision of information and options, including alternative procedural options available to Indigenous people. 1.4 Address and clarify problems raised and provide assistance and/or referrals, including making necessary arrangements according to client needs. |
2. Provide support to Indigenous Australians involved in court proceedings | 2.1 Assist Indigenous people to access support services and available procedural options and to complete procedural requirements. 2.2 Inform Indigenous court users and their nominated representatives of procedural requirements and observe protocols for the sharing of information. 2.3 Explain obligations contained in orders and confirm understanding of the ramifications of non-compliance. |
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.
applying legislation, regulations and policies relating to courts administration, including those relating to Indigenous people and communities
dealing effectively with Indigenous communities and people in a culturally appropriate manner
responding sensitively and appropriately to disclosure and cultural issues
maintaining confidentiality
negotiating, using collaborative skills, between court, client, client’s family and community, and other service providers
gathering and interpreting information
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.
legislation, regulations, policies, procedures and guidelines relating to courts, court users and Indigenous communities
criminal and civil justice systems and legislation conferring jurisdiction
courts administration structure
principles of judicial independence
range of referral sources and associated protocols for working with Indigenous clients
policy approaches to courts administration that are specifically applicable to Indigenous people, including fine payment schemes, alternative sentencing options and flexible case management procedures
social, historical, political and economic context of Indigenous justice issues
Indigenous culture and customs
local Indigenous issues and social structures
procedures relating to public services legislation, including WHS and environment, in the context of court support services
principles of financial budgeting and assessment
equity and diversity principles
Assessment Conditions
Assessment of this unit requires a workplace environment or one that closely resembles normal work practice and replicates the diverse conditions likely to be encountered when providing court support to Indigenous clients.
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
Courts