CHCPROT406C
Facilitate court orders

This unit describes the knowledge and skills required to interpret legal processes to consider options, make recommendations and plan a course of action for a juvenile offender

Application

This unit may apply to community service work in security contexts


Prerequisites

Not Applicable


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Prepare recommendations for orders

1.1 Collect and analyse relevant documentation and validate with appropriate sources

1.2 Undertake interviews with appropriate information sources

1.3 Base decision-making about orders on a range of relevant principles and criteria

1.4 Use established procedures to document recommendation for order and make available appropriately

1.5 Ensure legal rights of client are maintained through the provision of information, checking for understanding of these rights and advocating for them where appropriate

2. Collect information about order implementation

2.1 Ensure actions and decisions arising from court process are made available to all appropriate parties in a culturally and linguistically appropriate manner

2.2 Provide information about implementation of court order to client and significant others and negotiate and document details

2.3 Make arrangements with relevant agencies to carry out order

2.4 Make referrals to ensure recommendations on order are undertaken

3. Plan and monitor orders

3.1 Identify, plan for and arrange resources needed by client to participate in order

3.2 Monitor progress of adherence to order, take action on compliance or non compliance with legal mandate, and keep all relevant parties informed on an ongoing basis

3.3 Plan for activities, resources and responsibilities cooperatively with client, significant others and service providers

3.4 Document action and decisions based on order

Required Skills

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:

Dynamics of adolescent offending

Dynamics of young offender's families; peer group, community

Legal implications and responsibilities of a juvenile justice worker

Bail and remand diversion processes

Effects of incarceration

Services and resources

Levels of authority and decision-making

Relevant policy and procedures

Relevant legislation

Legal resources available

Social issues/status of young people (age, ethnicity, subculture, access of education/employment)

Psychological issues and concepts

Essential skills:

It is critical that the candidate demonstrate the ability to:

Conduct interviews

Prepare court reports

Interpret/analyse interview data and information sources

Interpret legal and court processes and orders

Develop, monitor and evaluate case plans

Demonstrate knowledge related to applicable agency and legislative requirements

Use typical processes listed in the Range Statement

In addition, 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:

Interpret legal ground for making decisions and legal procedures

Communicate effectively with clients, significant others and members of justice system

Prepare court reports

Demonstrate application of skills in:

planning and negotiation

interpretation of policies procedures, and standards

networking, negotiation and liaison with relevant parties

Evidence Required

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 processes required for the facilitation of court orders

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

Resource requirements for assessment include access to:

an appropriate workplace or an environment capable of accurately simulating the workplace for assessment purposes

Method of assessment:

In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios

Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on Essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed and/or is required to be demonstrated over a 'period of time' and/or in a 'number of locations', any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons


Range Statement

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.

The contexts for facilitation of court orders include:

Within a detention facility

Within an order to be undertaken in the community involving varying degrees of supervision

Facilitation of court orders will be carried out within requirements established by:

Court processes and determinations

Commonwealth and state legislation

International conventions relating to the rights of children and young persons

Agency policy and procedures

Relevant program standards

Relevant documentation includes:

Legal status of client (bail, control order, remand, appeal)

Offending history

Significant other history such as educational, social and medical history

Interviews include those with:

Client about current legal and social status

Significant others

External organisations

Relevant government organisations

Decision-making is based on:

Determinations operating within the Juvenile Justice system

Monitoring compliance with legal mandates, a range of actions for non-compliance includes:

Explaining consequences of non-compliance

Encouraging client to accept and demonstrate responsibility for non-compliance

Provision of information to all relevant parties on breach of legal order

The setting up of processes to deal with breach

Take action on compliance includes:

Reporting back to court process on the consequences of this on future of client

Plan and monitor orders includes:

Developing plans that outline a range of goals, such as reducing offending behaviour

Relationship with significant others

Community, vocational and leisure activities

Gaining agreement from client on their achievement and corresponding timelines

Resources needed include:

Money in form of allowances

Entitlements, counselling

Arrangements for accommodation

Transport support

Information


Sectors

Not Applicable


Employability Skills

This unit contains Employability Skills


Licensing Information

Not Applicable