PSPCRT410B
Provide court support to Indigenous clients

This unit covers the ability to negotiate and assist Indigenous Australians in their dealings with the court. It includes providing advice and support to the court and the Aboriginal community, and assisting Aboriginal people in court.In practice, provision of court support to Indigenous clients may overlap with other generalist or specialist public sector work activities, such as acting ethically, working with diversity, complying with legislation, applying government processes, and gathering and analysing information.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

Application

The task of assisting Aboriginal people will take place in a court or other appropriate setting and will be undertaken by authorised court officials.


Prerequisites

Not applicable.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Provide information and options.

1.1. Information and options are provided to Indigenous court users in a culturally appropriate and respectful manner.

1.2. Client information is used to identify services required, and protocols for the sharing of information are observed in a culturally appropriate manner.

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. Appropriate referrals are provided according to organisational policy and procedures, including making necessary and appropriate arrangements according to client needs.

1.5. Problems raised by clients are clarified and addressed according to organisational policy and procedures, including referral and seeking appropriate assistance.

2. Provide support to Indigenous Australians involved in court proceedings.

2.1. Assistance is provided to Indigenous people to access support services and any alternative, available procedural options.

2.2. Assistance is provided to Indigenous people to complete procedural requirements.

2.3. Information regarding procedural requirements is communicated to Indigenous court users and their nominated representatives, and protocols for the sharing of information are observed in a culturally appropriate manner.

2.4. Obligations contained in orders are explained and understanding of the ramifications of non-compliance is confirmed in a culturally appropriate and respectful manner.

Required Skills

Required skills

initiative and enterprise skills to apply:

legislation, regulations and policies relating to courts administration, specifically relating to Indigenous people and communities

procedures relating to public services legislation, such as OHS and environment in the context of court support services

communication skills to:

deal effectively with Indigenous communities and people in a culturally appropriate manner

make effective explanations

advise and support

build rapport

deal effectively with judiciary

interpersonal skills to respond to:

Indigenous communities and people respectfully and in a culturally sensitive manner, including:

responding sensitively and appropriately to disclosure

responding sensitively to cultural issues

maintaining confidentiality

diversity, including gender, disability and need

problem-solving skills to:

negotiate and use collaborative skills between court, client, client's family and community, and other service providers

provide assistance

language and literacy skills to gather and interpret information

Required knowledge

legislation, regulations, policies, procedures and guidelines relating to:

courts

Indigenous communities and court users

criminal and civil justice systems and legislation conferring jurisdiction

courts administration structure

principles of judicial independence

appropriate range of referral sources and associated protocols for working with Indigenous clients

current 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

principles of financial budgeting and assessment

equal employment opportunity principles

equity and diversity principles

working ethically

public sector legislation, such as OHS and environment in the context of providing court support

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

provide information on Indigenous issues and cultural information to judiciary and court staff

provide information on courts and the justice system to Indigenous court users

provide culturally appropriate responses to a range of questions to ensure understanding

access knowledge of organisational policy and procedure to provide appropriate information and options to Indigenous court users

explain defendants' obligations to ensure understanding

provide appropriate referrals for assistance where relevant

comply with legislative and organisational policies and procedures.

Consistency in performance

Competency should be demonstrated by providing court support to Indigenous clients on a range of occasions, over time.

Context of and specific resources for assessment

Assessment must comply with:

applicable regulations and codes

workplace procedures and protocols.

Access may be required to:

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when providing court support to Indigenous clients, including coping with difficulties, irregularities and breakdowns in routine

legislation, policy, procedures and protocols relating to the provision of court support to Indigenous clients

case studies and workplace scenarios to capture the range of situations likely to be encountered when providing court support to Indigenous clients

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about relevant legislation, acting ethically, and applying processes

observation of the candidate responding to a range of contexts to ensure achievement of the unit outcomes

feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.


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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Court users may include:

witness

support person

nominated representative

defendant

applicant

expert witness

Culturally appropriate and respectful manner may include:

gender of court user

languages spoken

verbal and non-verbal behaviour

Appropriate referrals may include:

Aboriginal Legal Service

Legal Aid

drug and alcohol services

Aboriginal liaison services

support services

Procedural requirements may include:

initiating matters

complying with orders

lodging documents

appearing in court


Sectors

Not applicable.


Competency Field

Courts.


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.