The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:

The individual being assessed must provide evidence of specified essential knowledge as well as skills

This unit of competence must be assessed in the workplace and under the normal range of workplace conditions

Consistency in performance should consider the complexity of the environment in which workers are expected to participate

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged

Resources required for assessment include access to relevant workplace or simulated realistic workplace setting where assessment may take place

Method of assessment:

Assessment may include observation, questioning and evidence gathered from a workplace environment

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

Essential knowledge:

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include knowledge of:

Roles and responsibilities of key legal bodies within child protection systems

Legislation relevant to child protection work and support systems

Powers, orders and processes relating to key legal bodies in child protection

Issues for children in dealing with the legal system

Legal options available to children and families

Organisation guidelines for interagency practices

Roles and functions of support agencies and processes

Essential skills:

It is critical that the candidate demonstrate the ability to:

Interact effectively with key legal agencies to assist children and their families negotiating the legal systems

Demonstrate commitment to the key principles of maintain a child safe environment

The candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

Liaise with children and their families in child protection work

Analyse and evaluate support options for children and families

Use communication skills for questioning, negotiating, conveying information, active listening

Demonstrate appropriate networking and referral

Recognise own limitations and agency boundaries

Assist others to negotiate the legal system

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Key legal bodiesmay include:

Crown solicitors office

Public Prosecutions office

Family Court

Federal Magistrates Court

State Magistrates Court

Youth Justice Services

Children's Courts

Criminal Courts

Powers, orders and processes relating to key legal bodies may include:

Witness legislation

Bail conditions to protect children

Role the independent child lawyer in the Family Court jurisdictions

Criminal injuries compensation

Orders under Domestic Violence legislation

Options under Child Protection Legislation

Issues for childrenmay include:

Impact of delay in a court matter coming to trial has a disproportionate impact on children compared to adults

Child's experience of being questioned by different professionals in the child protection system for different purposes over a significant span of time in the life of a child

Increased vulnerability of a child who has experienced abuse and neglect to further abuse and neglect

Impact of experience of the child protection system in a decision to report abuse and neglect in the future

Disproportionate impact on children of inappropriate questioning

Legal requirements for particularity and the disproportionate impact on children in the development of their narrative language ability

Tension between fundamental principle of the child's right to be heard in decisions affecting their well being and the nature of the adversarial system

Risks and benefitsmay include:

Limits of the criminal justice system

standard of proof

capacity of the child to give evidence

public interest and the wishes of the child and their families

limits of bail conditions to protect children

Likely assessment of outcomes

Risk of harm to the children - how can the safety and well being of the child be secured most effectively

Support agenciesand process may include:

Child protections agencies

Witness protection and support services

Victim support services

Bail conditions to protect children

Role of the independent child lawyer in the family law system

Restraint and apprehend violence orders

Criminal injuries compensation