This unit applies to individuals who apply knowledge of a range of principles in evidence law. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.

ELEMENT

PERFORMANCE CRITERIA

1. Define nature and meaning of evidence law

1.1. Access sources of legal information on nature and meaning of evidence law

1.2. Distinguish between case law and legislation related to evidence

1.3. Assess the significance of evidence law in various contexts in a legal environment

2. Identify principles of evidence law

2.1. Define and document legal principles governing evidence

2.2. Determine key concepts underpinning evidence law

3. Enhance professional practice through application of relevant principles of evidence law

3.1. Apply the principles of evidence to relevant legal matters arising in the workplace

3.2. Analyse and evaluate key issues

3.3. Review analysis with designated person

4. Identify relevant and admissible evidence

4.1. Distinguish relevant and admissible evidence in the context of a legal matter

4.2. Identify consequence of evidence not being relevant and/or admissible

Required skills

literacy skills to read and interpret written material

research and data collection skills to identify:

characteristics, similarities and differences of Australian institutions

types of proceedings and trial procedures

analytical skills to investigate and compare legal institutions and legal matters

Required knowledge

commonly used legal terminology, institutions and main features of the Australian legal system

methods used to identify appropriate information about sources of Australian law

nature and meaning of evidence law, including:

standard and burden of proof

relevance of evidence

hearsay evidence

competence and compellability of witnesses

opinion evidence

evidence of character

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

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

Evidence of the ability to:

demonstrate knowledge of the principles of evidence law

apply the principles of evidence law

demonstrate knowledge of the application of admissible law in a range of contexts.

Context of and specific resources for assessment

Assessment must ensure access to:

legislation, regulations and case law relevant to evidence law

texts and background sources of information on evidence law in Australia

case studies involving a range of evidence law matters

personnel with knowledge of evidence law.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

analysis of responses to case studies and scenarios in a range of contexts involving evidence law

tests of knowledge of relevant legislation, rules, regulations and research sources

direct questioning combined with portfolios of evidence

review of authenticated documents from the workplace.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

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, if used in the performance criteria, is detailed below. 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) may also be included.

Sources of legal information may include:

court library

online information services and websites

organisation's library

precedent bank

specialist texts.

Various contexts may include:

civil disputes

criminal liability

examination of witnesses

insurance disputes

preparation for civil trial

preparation for criminal trial.

Designated persons may include:

barrister

legal practice manager

legal practitioner

supervisor.

Unit sector

Administration - legal administration

This unit contains employability skills.