Description

Pre-Requisites

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

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.

Proceedings will be conducted over varying time periods.

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

Evidence Guide

Critical Aspects of Evidence

• Full and detailed evidence to hand
• Comprehensive and accurate legal brief

Underpinning 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

Underpinning Skills

• briefing counsel and witnesses
• collating evidence
• preparing statements
• researching and identifying precedents
• writing reports

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 work environment