ELEMENT

PERFORMANCE CRITERIA

1. Analyse evidence

1.1 All related information is considered, whether likely to be admissible as evidence, or not.

1.2 Information is cross-checked to confirm origin, authenticity and reliability, and to anticipate challenge/s that may occur.

1.3 Gaps and inadequacies are identified and assessed to allow further collection of evidence where possible.

1.4 Information is handled and stored in accordance with legislative requirements and organisational policy and procedures.

2. Prepare and review admissible evidence

2.1 Witness and expert statements are prepared in accordance with legislative requirements and organisational policy and procedures.

2.2 Evidence is prepared in accordance with legislative requirements and organisational policy and procedures.

2.3 All evidence is included in the brief that is likely to be admissible by the court.

2.4 Non-admissible evidence is separated and retained.

2.5 Similar proofs are identified and reviewed to confirm that evidence is sufficient to proceed to prosecution.

2.6 Security, recording and continuity of evidence are maintained in accordance with legislative requirements and organisational policy and procedures.

3. Develop a brief of evidence

3.1 Brief of evidence is planned and prepared according to standards required by the prosecution.

3.2 All required information is included in the brief and meets all legal requirements.

3.3 Brief is provided to prosecution and other parties as required by law and organisational requirements.

3.4 When required, counsel is briefed on the case and any circumstances that may affect the progress and outcomes.

4. Coordinate witnesses

4.1 When required, expert witnesses are identified, familiarised with the evidence, and utilised in accordance with organisational policy and procedures.

4.2 When required, witness summonses are organised in accordance with legal and organisational requirements.

4.3 Contact is maintained with witnesses to ensure cooperation, communication and attendance at proceedings.

This section describes the essential skills and knowledge and their level, required for this unit.

Skill requirements

Look for evidence that confirms skills in:

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

report writing using formal structures and language

making comparisons and exercising judgment about facts in written materials

communicating with witnesses from diverse backgrounds

responding to diversity, including gender and disability

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

sections of Evidence Act, Justice Act 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

organisational policies, guidelines and regulations

equity and diversity principles

public sector legislation such as occupational health and safety and environment relating to the preparation of a brief of evidence

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Pre-requisite units that must be achieved prior to this unit:Nil

Co-requisite units that must be assessed with this unit:Nil

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:

PSPETHC401A Uphold and support the values and principles of public service

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPGOV422A Apply government processes

PSPREG401C Exercise regulatory powers

PSPREG407B Produce formal record of interview

PSPREG411A Gather information through interviews

PSPREG412A Gather and manage evidence

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

the knowledge requirements of this unit

the skill requirements of this unit

application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)

preparing a brief of evidence in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment

These resources include:

legislation, regulations, policy, guidelines and standards

public sector values and codes of conduct

case studies and workplace scenarios to capture the range of situations likely to be encountered when preparing a brief of evidence

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when preparing a brief of evidence, including coping with difficulties, irregularities and breakdowns in routine

preparing a brief of evidence in a range of (3 or more) contexts (or occasions, over time)

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:

case studies

portfolios

projects

questioning

scenarios

authenticated evidence from the workplace and/or training courses

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.

Evidence may include:

documentary, real and oral evidence

statements

interviews

exhibits

Required standards may include:

having the brief reviewed by a legal authority to ensure completeness, accuracy, whether a prima facie case exists, and the likelihood of success

correlating witness statements to exhibits

Prosecution may include:

organisation's prosecutor or prosecuting team

State/Territory/Commonwealth government prosecution authority

Crown solicitor

Information required in a brief of evidence may include:

precedents

relevant sections of legislation

witness statements

records of interview

admissible evidence

other evidence

Witnesses may include:

organisational personnel

professionals/experts

those with specific needs such as:

distressed persons

hostile witnesses

minors

complainants

Proceedings may include:

courts

tribunals