Description

Pre-Requisites

Performance Criteria

1. Prepare for proceedings

1.1. Arrangements, role and involvement in proceedings are confirmed

1.2. Documentation and exhibits are prepared in accordance with legislative requirements and organisation’s policies and procedures

2. Present evidence

2.1. Proceedings and protocols relevant to the jurisdiction involved are adhered to throughout the proceedings

2.2. Rules of evidence relevant to the jurisdiction are adhered to

2.3. Evidence is presented in a clear, concise and articulate manner

2.4. Considered expert evidence is provided on request in accordance with organisation’s policy and consistent with qualifications and expertise

3. Follow up outcomes of proceedings

3.1. The outcomes of the proceedings are noted and filed, and reports completed where required according to organisation requirements

3.2. Any required actions are implemented in accordance with organisation policies and procedures

Key Competencies

Communicating ideas and information

• Communicate ideas and information to reporting procedures (verbal and written) 

Collecting analysing and organising information

• Collect, organise and understand information related to recognising and reporting situations

 Planning and organising activities 

• Plan and organise activities which implement and follow standard procedures 

Working with others and in teams

• Work with others and in a team by assisting and cooperating with team members 

Using mathematical ideas and techniques 

• Use mathematical ideas and techniques to document and report numbers for emergency procedures

Solving problems 

• Establish diagnostic processes which recommend improvements for OH&S issues

Using technology 

• Use workplace technology related to the use of technology to assist with safe work practices

Range Statement

Judicial and quasi-judicial settings include

• criminal
• coronial and civil courts
• defence tribunals
• Industrial Relations Commission
• state industrial tribunals
• Human Rights and Equal Opportunity Commission (HREOC)
• Land and Environment Court, Royal Commissions.

Documentation and exhibits may include

• reports
• photographs
• items of evidence
• media footage
• reports of incidents
• radio/telephone records
• logs

Witnesses may include

• those directly involved
• bystanders and experts

Court protocols

• voice clarity
• language
• impartiality
• respect for people and offices held
• standards of dress
• forms of address

Organisation’s policy and procedures may vary between sectors and organisations and may include

• legislation relevant to the proceedings
• legislation relevant to the organisation
• operational performance standards
• organisational personnel
• practices and guidelines
• organisational quality standards

Proceeding may include

• rules of court
• judicial and quasi judicial tribunals

Arrangements, role and involvement may include

• confirmation of time
• date and location of proceedings
• confirmation of evidence required to be presented

Evidence Guide

Critical Aspects of Evidence

• All documentation and evidence at hand
• Accurate and articulate presentation of evidence

Underpinning Knowledge

• common law vs judicial precedent vs legislation
• court/tribunal/commission structures
• jurisdiction of each court/tribunal/commission
• specific powers of organisation

Underpinning Skills

• appeals systems
• exemptions and defences
• general principles of criminal liability
• legislative requirements of presenting evidence
• organisation policies and procedures relating to preparation of documents and evidence and providing expert opinion
• procedures and protocols in different judicial/quasi-judicial systems
• role of legal personnel in judicial/quasi-judicial systems
• types of evidence admissible in judicial/quasi-judicial systems
• types of offences
• use of notes in court/tribunal/commission

Resource implications

• No special requirements

Consistency in performance

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

Context of assessment

• On the job or in a simulated environment. Written or verbal tests may be used as supporting evidence