Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Prepare and forward court documents | 1.1. Elements/points of proof are comprehensively and accurately included into briefs of evidence. 1.2. Jurisdictional court required document formats and presentation standards are complied with. 1.3. Briefs of evidence comply with the jurisdiction's legal rules of evidence. 1.4. Documents are forwarded to persons/authorities within required timeframe. 1.5. The safety and security of witness evidence is maintained at all times. |
2. Manage witnesses | 2.1. Witnesses are identified and court appearances arranged, including transport and accommodation, where required. 2.2. Witness summonses are arranged and served, in accordance with jurisdictional law, to ensure witness attendance at courts. 2.3. Liaison and support of witnesses is maintained before, during and after the trial. 2.4. Witnesses are prepared in an ethical manner to enable them to present their evidence in court. 2.5. Witness protection procedures are implemented, as necessary. |
3. Monitor offenders | 3.1. Documentation used in the monitoring of offenders is completed in compliance with court requirements 3.2. Procedures for monitoring offenders are in compliance with court requirements. 3.3. Appropriate authorities and parties are clearly advised in a timely manner of bail conditions, further proceedings and the court's requirements. 3.4. Procedures are implemented to ensure compliance of offenders with court requirements. |
4. Liaise with and assist prosecuting authority | 4.1. Arrangements, role and involvement in proceedings are confirmed. 4.2. Documentation is provided promptly and accurately to support the prosecution's case. 4.3. Informal and formal communication channels are maintained with the prosecuting authority. 4.4. Judicial guidelines, protocols and legal requirements are observed and adhered to at all times. |
5. Present evidence | 5.1. Proceedings and protocols relevant to the jurisdiction involved are adhered to throughout the proceedings. 5.2. Rules of evidence relevant to the jurisdiction are adhered to. 5.3. Demeanour is appropriate and evidence is presented to professional standards. 5.4. Considered expert evidence is consistent with qualifications and expertise and is provided on request. |
6. Undertake post-court procedures and follow up outcomes of proceedings | 6.1. Briefs of evidence and other documents are acted upon. 6.2. Property and exhibits are returned or disposed of. 6.3. Relevant parties are notified of court results in a timely manner. 6.4. Where required, avenues of possible further action are constructively and objectively discussed with a prosecuting authority. 6.5. The outcomes of the proceedings are noted and filed, and reports completed. 6.6. Any required actions are implemented. |
Required Skills
Required skills |
communicating with witnesses, prosecution authority and court personnel using computer and information management systems making decisions and solving problems applying operational safety skills orally communicating briefings, responding to questioning, active listening, reflecting, establishing rapport, negotiating and resolving conflict applying organisational and time management skills presenting evidence clearly and concisely at proceedings witness/victim management skills, in particular cultural awareness skills, ethical behaviours and integrity. Literacy skills used for: taking notes preparing briefs of evidence and exhibit register writing reports word processing. |
Required knowledge |
agency policies and procedures relating to preparation of documents and evidence, and providing expert opinion different judicial/quasi-judicial systems at which fisheries compliance matters are heard or prosecuted, and their procedures and protocols general principles of criminal liability relevant law, including the rules of evidence and continuity of evidence, policy and procedures role of legal personnel in judicial/quasi-judicial systems types of evidence admissible in judicial/quasi-judicial systems use of notes in court/tribunal/commission. |
Evidence Required
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 | Assessment must confirm ability to: support the judicial process through: preparation of brief of evidence issuing summonses to witnesses ensuring witnesses are available and prepared presenting evidence following up on post-proceeding matters. Assessment must confirm knowledge of: jurisdictional procedures and protocols legislation relevant to the jurisdiction and the proceeding. |
Context of and specific resources for assessment | Assessment is to be conducted on the job or in a simulated environment. A simulated environment must reflect a work environment with case materials, witnesses, court protocols and procedures, judicial forms and legal personnel. |
Method of assessment | The following assessment methods are suggested: written or oral short-answer testing practical exercises or role-plays observation of practical demonstration. |
Guidance information for assessment | This unit may be assessed holistically with other units within a qualification. |
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. 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. | |
Documents may include: | court brief/summary of facts items or briefs of evidence logs media footage photographs radio/telephone records reports of incidents reports, legal opinion and other specialist reports statements statements/affidavits. |
Witnesses may include: | bystanders and experts those directly involved. |
Court preparation may include: | being advised of obligations and format for giving evidence being advised of the procedure for obtaining witness fees being kept informed of investigation/court status. |
Witness protection procedures may be undertaken by: | specialised section for the case officer and may include bail conditions imposed on the offender. |
Documentation used in the monitoring of offenders may include: | bail reports/advice fact sheets field reports reporting cards. |
Procedures for monitoring offenders may refer to: | bail conditions curfew checks reporting conditions residential checks. |
Appropriate authorities and parties to be advised include: | bail/watch house Officer in Charge the court. |
Liaison with the prosecuting authority may be: | formal or informal and occur before, during or after a trial. |
Arrangements, role and involvement may include: | confirmation of evidence required to be presented confirmation of time date and location of proceedings. |
Proceedings may include: | judicial and quasi-judicial tribunals rules of court. |
Demeanour may include: | appearance confidence deportment dress standard. |
Professional standards may include: | concise and articulate manner impartiality integrity language respect for people and offices held voice clarity. |
Post-court procedures may include: | discussion of possible appeal implementation of judicial orders, such as for confiscation or destruction of property. |
Relevant parties to be notified may include: | government departments internal and external agencies other fisheries officers the witness or witnesses. |
Sectors
Unit sector | Fisheries compliance |
Employability Skills
This unit contains employability skills. |
Licensing Information
Refer to Unit Descriptor