Application
This unit describes the skills and knowledge required to analyse and evaluate key issues associated with evidence law for matters under litigation.
The unit applies to individuals who provide support in a range of legal service settings with a degree of responsibility to plan and complete investigations.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
1. Prepare to apply 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 significance of evidence law in various contexts in a legal environment |
2. Employ principles of evidence law | 2.1 Apply principles of evidence to relevant legal matters arising in the workplace 2.2 Analyse and evaluate key issues 2.3 Review analysis with designated person |
3. Finalise application of principles of evidence law | 3.1 Distinguish relevant and admissible evidence in context of a legal matter 3.2 Identify consequence of evidence not being relevant and/or admissible |
Evidence of Performance
The candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:
apply principles of evidence law in relation to at least four different matters.
Evidence of Knowledge
The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:
commonly used legal terminology, institutions and main features of 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.
Assessment Conditions
Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.
This includes access to:
legislation and regulations about evidence law
sources of information on evidence law.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.
Foundation Skills
Reading | Identifies, reviews and interprets complex legal text from a range of sources and determines how content may be applied in the application of evidence law |
Writing | Prepares documentation that incorporates an evaluation of information using specialised and cohesive language in a format and style appropriate to a specific audience |
Oral Communication | Uses questioning and listening techniques to elicit information Presents results and findings clearly and concisely using appropriate language, terminology and tone |
Enterprise and initiative | Identifies implications of legal responsibilities related to own work and recognises specific legal principles applicable in evidence law |
Planning and organising | Plans and organises data collection tasks Uses systematic analytical process to access, investigate and compare information about legal matters |
Sectors
Technical Skills – Legal Services