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Evidence Guide: LGAREGS402B - Provide evidence in court

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

LGAREGS402B - Provide evidence in court

What evidence can you provide to prove your understanding of each of the following citeria?

Prepare for court proceedings

  1. Court arrangements, role and involvement in proceedings are verified with appropriate persons.
  2. Documentation and exhibits are prepared in accordance with legislative and council requirements.
  3. All material to be used or referred to in proceedings is thoroughly reviewed prior to presentation in court to ensure familiarity, completeness and availability.
  4. Personal presentation, manner and language are consistent with court protocols and council requirements.
Court arrangements, role and involvement in proceedings are verified with appropriate persons.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documentation and exhibits are prepared in accordance with legislative and council requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

All material to be used or referred to in proceedings is thoroughly reviewed prior to presentation in court to ensure familiarity, completeness and availability.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Personal presentation, manner and language are consistent with court protocols and council requirements.

Completed
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Present evidence

  1. Rules of evidence, procedures and protocols relevant to the jurisdiction involved are observed and adhered to throughout the proceedings.
  2. Evidence is based on fact and is presented in a clear, concise and unambiguous manner and complies with the rules of evidence.
  3. All evidence required during court proceedings is available in an original form when required.
  4. Specialist opinion within own level of qualification and expertise is provided on request in accordance with council policy.
Rules of evidence, procedures and protocols relevant to the jurisdiction involved are observed and adhered to throughout the proceedings.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evidence is based on fact and is presented in a clear, concise and unambiguous manner and complies with the rules of evidence.

Completed
Date:

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All evidence required during court proceedings is available in an original form when required.

Completed
Date:

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Specialist opinion within own level of qualification and expertise is provided on request in accordance with council policy.

Completed
Date:

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Implement relevant outcomes of proceedings

  1. Outcomes of the proceedings are obtained, noted and reports completed where required according to council requirements.
  2. Required actions are implemented in accordance with council policies and procedures.
  3. Relevant documentation is completed in accordance with professional obligations in the case and council requirements.
  4. Feedback, further information and clarification of issues associated with proceedings and outcomes are sought as required from appropriate persons.
Outcomes of the proceedings are obtained, noted and reports completed where required according to council requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Required actions are implemented in accordance with council policies and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant documentation is completed in accordance with professional obligations in the case and council requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Feedback, further information and clarification of issues associated with proceedings and outcomes are sought as required from appropriate persons.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the elements to the required performance level detailed in the performance criteria. The unit's skill and knowledge requirements must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

The demonstrated ability to:

understand and comply with protocols and procedures required for attendance in a judicial or quasi-judicial environment

present evidence in a clear and concise manner and, as required, provide specialist opinion within own level of qualification and expertise

follow up outcomes of proceedings, review implications and determine appropriate action to be implemented

prepare and complete documentation and maintain records and systems.

Context of assessment

on the job or in a simulated work environment

written or oral test

role-play.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials, including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence will need to be collected over time across a range of variables.

Resource implications

Access to a workplace or simulated environment that provides:

relevant legislation

formal legal procedures

a range of evidence.

Required Skills and Knowledge

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

Required Skills

reading and interpreting a range of information relevant to job/role, which may include legislation and its impact on council operations

demonstrating clear, open communication and consultation with the community and stakeholders and managing stakeholder relationships using a range of communication techniques to assess their needs and expectations, which may involve participation in and facilitation of committees

chain of custody requirements for validity of physical evidence

collating and organising information

preparing statements and writing reports

relating to people from a range of social, cultural and ethnic backgrounds and physical and mental abilities

achieving effective working relationships that demonstrate an ability to work collaboratively with people from diverse backgrounds

problem solving and conflict management

monitoring own work and adjusting to meet agreed standards and expectations

engaging in activities that promote own ongoing learning requirements, which may include maintaining current knowledge of legislation and common law

using technology relevant to the job/role, which may include the use of computers and other relevant office technology.

Required Knowledge

council's position on litigation

relevant legislation, including 'rules of evidence' and 'continuity of evidence'

procedures and protocols of judicial proceedings and contexts

briefing and documentation requirements

general principles regarding admissibility of evidence in courts

preparation of legal documentation

requirements for handling and managing evidential exhibits

storage requirements for information that is susceptible to spoiling or damage (physical samples, film and computer tapes).

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Range Statement

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 may include:

district

local

supreme

federal

tribunals

magistrates

criminal, coronial and civil.

Arrangements, role and involvement may include:

confirmation of time, date and location of proceedings

confirmation of evidence required to be presented.

Proceedings may include:

nuisance assessment

alleged breaches of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenges to council control plans

equal employment opportunity commission

compulsory conferences

conciliation

arbitration of formal hearings

public assembly or crowd control by-laws

parking

Dog Act

Health Acts

Food Acts

fire prevention regulations

Environment Acts and policies.

Appropriate persons may include:

council officers

councillors

supervisors

legal representatives

clients.

Documentation and exhibits may include:

reports

photographs

items of evidence

media footage

reports of incidents

radio and telephone records or logs.

Legislative and council requirements may include:

relevant federal, state or territory, or local legislation:

occupational health and safety

environmental issues

equal employment opportunity

industrial relations

anti-discrimination and diversity

licensing arrangements

Australian standards, quality assurance and certification requirements

applicable Crimes Acts and codes

relevant industry codes of practice

award and enterprise agreements

trade practices

privacy requirements

freedom of information and confidentiality

council requirements may relate to:

policy and procedures, including personnel practices and guidelines

goals, objectives, plans, systems and processes

legislation relevant to the operation, incident or response

employer and employee rights and responsibilities

policies and procedures relating to own role, responsibility and delegation

quality and continuous improvement processes and standards

client service standards

defined resource parameters

occupational health and safety policies, procedures and programs

duty of care, code of conduct and code of ethics

access and equity policy, principles and practice

records and information systems and processes

communication channels and reporting procedures.

Court protocols may include:

punctuality

voice clarity and language

impartiality

forms of address

respect for people and offices held

standards of dress and physical appearance

readiness of self and evidence

general demeanour.

Rules of evidence may include:

admissibility

chain of custody of samples

contemporaneousness.

Evidence may include:

facts

testimony

documents

physical exhibits.

Feedback may include:

formal and informal performance appraisals

comments from supervisors, colleagues or clients

personal, reflective behaviour strategies

workplace assessment.

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