ELEMENT

PERFORMANCE CRITERIA

1. Plan a confiscation of assets operation

1.1 An appraisal is conducted to identify opportunities and limitations for asset forfeiture that is consistent with overall operationalobjectives

1.2 A plan is developed to confiscate assets in accordance with organisational policy, procedures, and legislation

1.3 Provisions for safe storage and maintenance of confiscated assets are made and incorporated into the plan

1.4 Relevant personnel are consulted/informed of the plan of action and the plan is modified/confirmed as required to ensure it is consistent with the overall investigation

2. Confiscate assets

2.1 Collect, collate, and analyse information that identifies assets owned by target(s)

2.2 Documentation is prepared in accordance with organisational policy, procedures, and legislation to locate and quantify assets

2.3 Material that identifies and quantifies assets is seized in accordance with organisational policy, procedures, and legislation

2.4 Documentation is prepared in accordance with organisational policy, procedures, and legislation to seize or restrain assets

2.5 Operatives are briefed on their duties and involvement in the operation so that they clearly comprehended the message

2.6 Assets are seized or restrained in accordance with organisational policy, procedures, and legislation

3. Dispose of assets

3.1 Documentation is prepared for disposal of assets in accordance with organisational policy, procedures, and legislation

3.2 Seized material is disposed of in accordance with organisational policy, procedures, and legislation

3.3 Relevant personnel are advised of the outcomes of the criminal assets investigation

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

Required Skills

written and oral communication skills (listening, negotiation, conflict resolution)

planning

coordination and leadership skills to lead a multi-agency personnel response

presentation skills

eliciting skills

debriefing

interpreting skills to interpret intelligence information

logic and reasoning

decision making and problem solving

Required Knowledge

case officer's role

operations in general

organisational operational procedures and guidelines

relevant legislation

correct interpretation of all applicable laws, policy and procedures

planning (appreciation) process

written communication

problem solving techniques

unit and equipment capabilities and their application to a plan

briefing techniques

information management systems

government and policy environments within which operations will be conducted

available resources which may need to be deployed to support the operation, eg. security issues and classifications

court procedures and evidentiary requirements in provision of briefs of evidence for use by the prosecution

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

Competence in this unit must be established through the practical demonstration of skills in confiscating assets in accordance with organisational policy and legislation, and storing assets securely.

Consistency in performance

Evidence of competency in this unit needs to be gathered over time and in a range of confiscation of assets contexts.

Context of and specific resources for assessment

Context of assessment

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

Specific resources for assessment

Access to storage facilities for confiscated assets.

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.

The term overall operational objectives relates to:

an investigation or operation into a substantive offence/a part, of which involves an operation to seize or restrain assets

The plan would include:

avenues of inquiry to be pursued

timings

investigative tools to be utilised such as search warrants

production orders and should cover pre and post interdiction as well as the execution phase of the operation

The legislation relating to confiscation of assets include:

The Proceeds of Crime Act 1987 and the Customs Act 1901

Safe storage and maintenance provisions include:

the provision for vehicles

vessels and other personal property

valuables such as jewellery and currency

maintenance of seized equipment or property

maintenance of premises

Relevant personnel to be informed of the plan include:

the team leader of the overall investigation

other agencies involved in the investigation

Department of Public Prosecutions

ITSA

The documentation required to locate and quantify assets include:

monitoring orders, production orders and search warrants pursuant to the Proceeds of Crime Act 1987

The documentation required to seize or restrain assets include:

search warrants pursuant to the Proceeds of Crime Act 1987

seizure warrants pursuant to the Customs Act 1901 restraining orders pursuant to the Proceeds of Crime Act 1987

A briefing should contain elements such as:

evidence of the existence of a search/seizure warrant or details of the target

types of documents/assets to be seized

details of the target site

equipment required

rehearsals

timings of the operation

tasks to be completed prior to, during and after the operation

procedures of the securing of documentation/assets

Seized assets include:

assets seized pursuant to the Proceeds of Crime Act 1987

Customs Act 1901 or other appropriate legislation

Restrained assets include:

assets include assets restrained pursuant to the Proceeds of Crime Act 1987 whether they are physically seized or not

The documentation required to dispose of assets include:

correspondence with DPP and ITSA, confiscation and forfeiture orders pursuant to the Proceeds of Crime ACT 1987