Elements and Performance Criteria

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.
Legislation, regulations and policies may include:
criminal law
government regulations and policies relating to criminal law matters
relevant commonwealth, state or territory legislation.
Different criminal matters may relate to:
assault
excusable homicide
homicide
manslaughter
murder
property offences, including theft and larceny
unlawful sexual intercourse.
Defences may relate to:
automatism
denial
duress
ignorance of the law
infancy
insanity
intoxication
irresistible impulse or provocation
mistake of fact
necessity
self-defence.
Types of hearings may include:
committal
indictable, for example felonies/crimes and misdemeanours
summary.
Jurisdiction over criminal matters may include variances between:
Australian government
local law
states and territories.
State courts in which criminal cases are heard:
county/district
magistrates
supreme.
Client may include:
defendant
prosecutor
victim.
Documents may include:
account
adjournment letters
affidavits
artefacts
briefs
clinical reports
confirming/reporting letter to client outlining results of court hearing
court forms
court reminder letters
expert reports
hospital discharge summaries
letters
medical reports
photographs
pleading documents
records of prior convictions
subpoena
summary of matter
videos
witness statements
writs.
Organisation's policies and procedures may include:
engaging barristers
engaging experts
individual procedures adopted by instructing legal practitioner
protocol for accommodating specific client needs, e.g. case manager, social worker or parole officer
protocol for contacting clients, e.g. translator or interpreter
recording information
security, confidentiality and privacy procedures
verifying and authorising information.
Documents may be despatched to the following:
Attorney General's office
client
court
Crown
Crown Solicitor's office
Department of Public Prosecutions
government organisation
opposing party
opposing party's legal representative
police
service agency
sheriff.

EVIDENCE GUIDE
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:
prepare appropriate documentation and information according to organisation's policies and procedures and provide to clients at the appropriate time
treat clients in a sensitive, discreet and professional manner
conduct work within accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviours, privacy, non-discriminatory practice, conflict of interests and compliance with reasonable direction
demonstrate knowledge of criminal law as applicable to the scope of workplace responsibilities.

Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
workplace manuals and reference materials, such as company policies, procedural manuals, checklists, documentation and sample forms
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate texts and people with expert knowledge, such as legal practitioners
appropriate legislation and regulations relevant to common legal matters.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge.The following examples are appropriate for this units:
analysis of responses to case studies and scenarios
direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
observation of role plays
review of summaries made of common law cases
review of possible barristers' details forwarded to instructing legal practitioners
review of briefs prepared for barrister in conjunction with instructing legal practitioner
oral or written questioning to assess knowledge of legal terminology specific to criminal law.

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