Application
This unit describes the skills required to review a brief of evidence and prosecute offences while acting as the prosecutor in court.
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 autonomously, 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. Prepare for prosecution | 1.1 Review and clarify brief of evidence with the authorised officer, where necessary, prior to court proceedings. 1.2 Identify precedents as relevant. 1.3 Prepare questions to address the facts of the brief. 1.4 Brief personnel involved. 1.5 Agree upon parameters for negotiating out of court prior to prosecution with authorised organisational personnel. |
2. Conduct a prosecution | 2.1 Follow evidentiary procedures and conduct prosecution according to court processes, protocols, rules of evidence and organisational instructions. 2.2 Maintain personal presentation. 2.3 Complete file endorsements. 2.4 Follow up or complete matters arising from proceedings. 2.5 Review the outcome of the prosecution to provide input or recommendations for handling future cases. |
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.
making presentations including participating in complex oral exchanges in briefing sessions and in court
reading complex, lengthy documents to ascertain key elements
undertaking research to identify precedents
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 process, procedures and protocols
court conduct
enabling legislation and offences
sections of the Evidence Act
types of evidence
rules of evidence
possible defences
burden of proof
role of expert witnesses
hearsay
public sector legislation, including WHS and environment in the context of conducting prosecutions
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