Public Sector - Draft 2

PSPREG011 Give evidence_validation

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Unit application and prerequisites

UNIT CODE

PSPREG011

UNIT TITLE

Give evidence

APPLICATION

This unit describes the performance outcomes, skills and knowledge required to give evidence in a range of legal proceedings.

 

This unit applies to those working in regulatory roles who give evidence in legal proceedings.

 

The skills in this unit must be applied in accordance with Commonwealth and State or Territory legislation, Australian standards and industry codes of practice.

 

No occupational licensing, certification or specific legislative or certificate requirements apply to this unit at the time of publication.

PREREQUISITE UNIT

Nil

COMPETENCY FIELD

Regulatory

UNIT SECTOR

 

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Elements and performance criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

    1. Prepare for proceedings
    1. Confirm arrangements for, role and involvement in proceedings.
    2. Prepare documentation and exhibits.
    3. Support witnesses to attend proceedings and give evidence.
  1. Present evidence
    1. Adhere to protocols and rules of evidence relevant to the setting and the organisation involved.
    2. Note and incorporate feedback from counsel and/or police and comments by deciding authority.
    3. Present evidence in a clear, concise and articulate manner.
    4. Enhance the reputation and image of the organisation through quality, standard and presentation of evidence.
    5. Provide considered expert evidence on request consistent with qualifications and expertise.
  1. Follow up outcomes of proceedings
    1. Note and file outcomes of proceedings and complete reports.
    2. Implement any required actions.

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Foundation skills

FOUNDATION SKILLS

Foundation skills essential to performance in this unit, but not explicit in the performance criteria are listed here, along with a brief context statement.

SKILLS

DESCRIPTION

UNIT MAPPING INFORMATION

Release 1: Supersedes and is equivalent to PSPREG011 Give evidence.

LINKS

Companion Volume Implementation Guide

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Performance evidence

TITLE

Assessment Requirements for PSPREG011 Give evidence

PERFORMANCE EVIDENCE

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and on at least one occasion for each of the following in relation to giving evidence in legal proceedings:

  • present evidence clearly and concisely
  • write reports
  • take notes
  • communicate with people from diverse backgrounds
  • make comparisons and exercise judgment about facts in written materials
  • write reports using formal structures and language.

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Knowledge evidence

KNOWLEDGE EVIDENCE

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

  • legislation applying to the organisation and related policies and procedures
  • court prosecution processes
  • common law versus judicial precedent versus legislation
  • specific powers of the organisation
  • structures and related jurisdiction of:
    • court
    • tribunal
    • commission
  • appeals systems
  • role of legal personnel in judicial or quasi-judicial systems
  • procedures and protocols in different judicial or quasi-judicial systems
  • types of offences
  • general principles of criminal liability
  • exemptions and defences
  • types of evidence admissible in judicial or quasi-judicial systems
  • legislative requirements of presenting evidence
  • use of notes in:
    • court
    • tribunal
    • commission.

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Assessment conditions

ASSESSMENT CONDITIONS

Skills must be demonstrated in either:

  • a workplace environment or
  • a simulated environment.

 

Simulated assessment environments must simulate the real-life working environment where the skills and knowledge within this unit would be utilised, with all the relevant equipment and resources of that working environment.

 

Assessment must ensure access to:

  • legislation, policy, procedures and protocols relating to presentation of evidence.

 

Assessors must satisfy the Standards for Registered Training Organisations’ requirements for assessors.

LINKS

Companion Volume Implementation Guide

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