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