PSPREG011
Give evidence


Application

This unit describes the skills required to give evidence in a range of legal proceedings. It includes preparing for proceedings, presenting evidence, and following up outcomes of proceedings.

This unit applies to those working in regulatory roles within the public sector involved in giving evidence in legal proceedings.

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 in a range of familiar 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 proceedings

1.1 Confirm arrangements for, role and involvement in proceedings.

1.2 Prepare documentation and exhibits.

1.3 Support any witnesses as required, to attend proceedings and give evidence.

2. Present evidence

2.1 Adhere to protocols and rules of evidence relevant to the setting and the organisation involved throughout proceedings.

2.2 Note and incorporate feedback from counsel and/or police and comments by deciding authority.

2.3 Present evidence in a clear, concise and articulate manner.

2.4 Enhance the reputation and image of the organisation through quality and standard of evidence and presentation.

2.5 Provide considered expert evidence on request consistent with qualifications and expertise.

3. Follow up outcomes of proceedings

3.1 Note and file the outcomes of the proceedings and complete reports where required.

3.2 Implement any required actions.

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.

presenting evidence clearly and concisely

writing reports

taking notes

communicating with people from diverse backgrounds

making comparisons and exercising judgment about facts in written materials

report writing using formal structures and language


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.

court prosecution processes

common law versus judicial precedent versus legislation

specific powers of the organisation

court/tribunal/commission structures

jurisdiction of each court/tribunal/commission

appeals systems

role of legal personnel in judicial or quasi-judicial systems

procedures and protocols in different judicial or quasi-judicial systems

types of offences

general principles of criminal liability

exemptions and defences

types of evidence admissible in judicial or quasi-judicial systems

legislative requirements of presenting evidence

use of notes in court/tribunal/commission

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