PSPREG009
Conduct search and seizure


Application

This unit describes the skills required to conduct search and seizure activities. It includes preparing for search and seizure, implementing the search, conducting the seizure, completing post search activities and debriefing.

This unit applies to those working in public sector roles conducting regulatory activities.

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.

Those undertaking this unit would work independently as part of a team, performing routine 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. Prepare for search and/or seizure

1.1 Identify the purpose of the search and confirm powers under legislation, policies and procedures relating to the search.

1.2 Make assessments of where evidence might be obtained.

1.3 Verify or obtain authority to search and/or seize and advise of intention to search.

1.4 Carry out operational planning to address the range of requirements for a search and/or seizure.

1.5 Perform risk assessment to ensure the search/seizure can be conducted safely.

1.6 Identify the need for assistance with the search and/or seizure and organise.

2. Implement search

2.1 Conduct search according to standard operating procedures to ensure thorough and systematic process is used.

2.2 Use equipment and/or technology and other resources.

2.3 Undertake search in accordance with lead agency requirements, where assistance is obtained.

2.4 Make records of the search process, items and/or evidence uncovered in the search, and subsequent action.

3. Conduct seizure

3.1 Consider alternatives to seizure and record and justify subsequent action.

3.2 Seize or deal with evidence and any related information in accordance with legal requirements and standard operating procedures.

3.3 Appraise, seize record and receipt evidence in accordance with the rules of evidence.

3.4 Remove, secure and dispose of if required, evidence, in accordance with the rules of evidence.

3.5 Protect the safety of self and others.

3.6 Conduct seizure process and complying with the rules of evidence.

4. Complete post search activities

4.1 Record and disseminate outcomes of search and seizure activities to required personnel.

4.2 Identify, record and act upon follow up actions as required.

4.3 Deal with third party claims to title of seized items and/or property where required.

4.4 Deal with damage to property during the search.

5. Debrief search and seizure

5.1 Seek feedback on own role in search and/or seizure regularly for continuous improvement.

5.2 Evaluate search and seizure outcomes, processes and procedures and recommend and action improvements.

5.3 Assess the value of assistance and/or joint operation relationships and teamwork and recommend and action improvements.

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.

undertaking analysis and observation

completing records using formality of language and structure

exchanging often complex oral information in a form to suit diverse audiences

applying public sector legislation, including work health and safety and environmental procedures, in the context of search and seizure


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.

enabling legislation, regulations and guidelines

search procedures

organisational procedures, including those dealing with physical evidence or obtaining a warrant, where relevant

roles of expert and/or other personnel

procedures for dealing with physical evidence

rules of evidence

use of equipment and resources

public sector legislation and 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

Foundation skills are embedded within the elements and performance criteria of this unit.


Competency Field

Regulatory