The application of this unit in the workplace - the environments, complexities and situations involved - will be written during Phase II of the Review of the PUA00 Public Safety Training Package.

This text will be useful for the purposes of job descriptions, recruitment advice or job analysis; where possible, it will not be too job specific to allow other industries to import it into other Training Packages, where feasible.

Prerequisite Unit/s

Nil

ELEMENT

PERFORMANCE CRITERIA

1. Prepare evidence and other material for proceedings

1.1 Detailed evidence is collected and collated

1.2 Witnesses are selected, correctly notified and their attendance arranged

1.3 Witness statements are prepared in accordance with the requirements of the jurisdiction involved

1.4 Proceedings and protocols are adhered to in preparing evidence in accordance with the jurisdiction involved

1.5 Precedents relevant to the procedures are identified

1.6 A legal brief is prepared where required that identifies all relevant facts, sections of appropriate legislation, precedents, and provides detailed evidence and advice

1.7 Submission is prepared that supports the organisation's position and protects the organisation's interests

2. Prepare personnel for proceedings

2.1 Briefings are held with counsel as required

2.2 Personnel involved in the proceedings are briefed

3. Negotiate with opposing parties where required

3.1 Any negotiation parameters are clearly identified prior to the court process

3.2 Negotiations held in conference with the opposing parties are in accordance with agreed negotiation parameters of the organisation represented

4. Monitor rulings

4.1 Outcomes of proceedings are reviewed to ensure knowledge of trends and precedents is current

4.2 Changes to organisation's policy and procedures arising from rulings and decisions are formulated

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

Required Skills

briefing counsel and witnesses

collating evidence

preparing statements

researching and identifying precedents

writing reports

Required Knowledge

burden of proof

conduct and operation of hearings

Coroners Act

Criminal Code

exemptions and defences

Hearsay Rule

how to prepare legal brief

how to prepare submissions

points of proof

procedures and protocols in different judicial or quasi-judicial settings

qualifications and experience required of expert witness

range of crimes/offences that can be committed

relevant sections of Evidence Act

relevant sections of legislation

roles of lay and expert witness

rules of evidence in different judicial or quasi-judicial settings

types of evidence

use of notes

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Full and detailed evidence to hand

Comprehensive and accurate legal brief

Consistency in performance

Evidence should be gathered over a period of time in a range of actual or simulated workplace environments

Context of and specific resources for assessment

Context of assessment

On the job or in a simulated work environment

Specific resources for assessment

No special requirements

Guidance information for assessment

Information that will assist or guide assessment will be written during Phase II of the Review of the PUA00 Public Safety Training Package.

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below.

Court protocols may include

standards of attire

forms of address

Court proceedings may include

rules of court

judicial and quasi judicial tribunals

Legal brief may include

All documentation relevant to the preparation for legal proceedings such as precedents

witness statements

records of evidence

investigator's reports

media footage

log books

This unit contains employability skills.