Application
This unit describes the skills required to prepare a brief of evidence. It includes analysing evidence, preparing and reviewing admissible evidence, developing a brief of evidence and coordinating witnesses.
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 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. Analyse evidence | 1.1 Consider all related information, whether likely to be admissible as evidence, or not. 1.2 Cross-check information to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur. 1.3 Identify and assess gaps and inadequacies to allow further collection of evidence. 1.4 Handle and store information appropriately. |
2. Prepare and review admissible evidence | 2.1 Prepare witness and expert statements. 2.2 Include all evidence in the brief that is likely to be admissible by the court. 2.3 Separate and retain non-admissible evidence. 2.4 Identify and review similar proofs to confirm that evidence is sufficient to proceed to prosecution. 2.5 Maintain security, recording and continuity of evidence. |
3. Develop a brief of evidence | 3.1 Plan and prepare brief of evidence according to standards required by the prosecution. 3.2 Include all required information in the brief and meet all legal requirements. 3.3 Provide brief to prosecution and other parties as required by law and organisational requirements. 3.4 Brief counsel on the case when required, and advise any circumstances that may affect the progress and outcomes. |
4. Coordinate witnesses | 4.1 Identify and use expert witnesses when required and familiarise them with the evidence. 4.2 Organise witness summonses when required. 4.3 Maintain contact with witnesses to ensure cooperation, communication and attendance at 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.
undertaking analysis and research
undertaking collation and compilation
writing complex documents reflecting key points of oral statements in written form in witness statements and in the brief of evidence
writing reports using formal structures and language
making comparisons and exercising judgment about facts in written materials
communicating with witnesses from diverse backgrounds
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 relating to preparation of a brief of evidence
admissible evidence
burden of proof
court hearing procedures
rules of evidence
requirements of brief of evidence
principles of disclosure
anti-discrimination law
public sector legislation
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