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Evidence Guide: PUALAW004B - Represent the organisation in a judicial or quasi-judicial setting

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

 

PUALAW004B - Represent the organisation in a judicial or quasi-judicial setting

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

Prepare evidence and other material for proceedings

  1. Detailed evidence is collected and collated
  2. Witnesses are selected, correctly notified and their attendance arranged
  3. Witness statements are prepared in accordance with the requirements of the jurisdiction involved
  4. Proceedings and protocols are adhered to in preparing evidence in accordance with the jurisdiction involved
  5. Precedents relevant to the procedures are identified
  6. A legal brief is prepared where required that identifies all relevant facts, sections of appropriate legislation, precedents, and provides detailed evidence and advice
  7. Submission is prepared that supports the organisation's position and protects the organisation's interests
Detailed evidence is collected and collated

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Witnesses are selected, correctly notified and their attendance arranged

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Precedents relevant to the procedures are identified

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Prepare personnel for proceedings

  1. Briefings are held with counsel as required
  2. Personnel involved in the proceedings are briefed
Briefings are held with counsel as required

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Personnel involved in the proceedings are briefed

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Negotiate with opposing parties where required

  1. Any negotiation parameters are clearly identified prior to the court process
  2. Negotiations held in conference with the opposing parties are in accordance with agreed negotiation parameters of the organisation represented
Any negotiation parameters are clearly identified prior to the court process

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Monitor rulings

  1. Outcomes of proceedings are reviewed to ensure knowledge of trends and precedents is current
  2. Changes to organisation's policy and procedures arising from rulings and decisions are formulated
Outcomes of proceedings are reviewed to ensure knowledge of trends and precedents is current

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

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

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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.

Required Skills and Knowledge

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

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 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