Application
Fisheries compliance officers in some states and territories may not undertake prosecution duties. |
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Adjudicate brief | 1.1. Brief is assessed to ensure it contains all required documentation relevant to the alleged offence. 1.2. A decision is made based on available facts, the law, within the limitations of time, and in accordance with the prosecuting authority's policies. 1.3. Documentation is accurately completed and forwarded. 1.4. Enquiries are made into the existence of bonds applying to the charged offender and, if necessary, a decision made on estreatment. |
2. Attend general court | 2.1. Defence applications and submissions are responded to, as appropriate. 2.2. Prosecution submissions are presented fluently, concisely and as appropriate. 2.3. The allegations from the prosecution brief are presented fluently and concisely where a guilty plea has been entered. 2.4. All available relevant information and admissible evidence is presented. 2.5. Questions from the bench are responded to with available information. 2.6. Courtroom conduct and dress is in accordance with accepted court etiquette. |
3. Complete administrative tasks | 3.1. File endorsements are completed accurately and in a timely manner. 3.2. Matters arising from the general court attendance are followed up. |
Required Skills
Required skills |
following courtroom procedures presenting allegations from the prosecution brief to the court researching law relevant to the case researching prior convictions and current bonds as pertaining to charged offender. Literacy skills used for: accurately completing legal forms and courtroom documents reading and interpreting briefs and legal information researching. Numeracy skills used for: calculating additional penalties. |
Required knowledge |
courtroom etiquette courtroom procedures: estreating bonds negotiating in pre-trial hearings to oppose or support bail to oppose, support or request adjournment office procedures: addressing the bench adjudicating of briefs completing and serving summonses preparing applications responding to questions from the bench and other parties prosecuting authority's policies on adjudication of briefs. |
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 evidence required to demonstrate competence in this unit | Assessment must confirm ability to: adjudicate a brief and prosecute in general court. Assessment must confirm knowledge of: courtroom procedures applicable law, office policies and procedures. |
Context of and specific resources for assessment | Assessment is to be conducted at the workplace or in a simulated work environment. Resources may include: brief (completed) courtroom procedures legal and internal documentation mock general court office policies and procedures. |
Method of assessment | The following assessment methods are suggested: questions demonstration of courtroom skills. |
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. | |
Adjudicate means to: | determine whether an offence has been committed, and if so, what charges will be laid. Adjudication may be the responsibility of a prosecution unit within the compliance agency, or it may be the responsibility of the Crown. |
Documentation includes both: | where charge is to be laid: legal document (complaint and summons) prepared, signed by relevant authority and forwarded to appropriate section to be served on the alleged offender where no charge is laid: an internal document is completed and filed in accordance with policy. |
Accurately completed includes: | correct at law free of clerical error. |
Available relevant information may include: | adjournment applications applications for court orders bail applications estreated bonds guilty pleas pre-trial hearings prior convictions prosecuting allegations. |
Matters may include: | any necessary enquiries are conducted clearing exhibits completing documentation/reports as required instituting appeal proceedings notifying appropriate parties of magistrate's court outcomes. |
Sectors
Unit sector | Fisheries compliance |
Employability Skills
This unit contains employability skills. |
Licensing Information
Refer to Unit Descriptor