Elements and Performance Criteria

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.
Courts may include:
local courts
Magistrates' Court
County Court
District Court
Supreme Court
High Court
Federal Court
Family Court
Coroner's Court
tribunals
Federal Magistrates Service
Jurisdiction may include:
for Magistrates' Court: civil jurisdiction, small claims, investigation summons, committals, call-over procedures, and trial court procedures
for juvenile/youth courts: jurisdiction to deal with juvenile offences, adoptions, and care and protection
for Coroner's Court: jurisdiction to deal with disappearances as well as deaths
for Supreme and District Court: jurisdiction to deal with criminal trials, Basha inquiries, competency hearings, Dietrich applications, criminal court of appeal, and civil matters
High Court
Federal Court
Typesof proceedings may include:
call-over procedures
pre-trial conferences
committal procedures
small claims
investigation and examination summonses
jury trials
judge-only trials
Matters may include:
adoptions
appeals
arraignments
bail applications
breach of bail hearings
breach of security hearings
care and protection matters
civil matters
committal hearings
competency hearings
contempt hearings
criminal trials
directions hearings
failure to appear
family court matters
in camera hearings
inquests
interlocutory proceedings
interpleaders
juvenile offences
parole applications
rescue
voir dires
Special requirements may include:
legislative conditions relating to those present
closed court
whether note taking is permitted
use of tape recorders in court
vulnerable witnesses
special furniture or equipment
juries to be sworn separately or as a whole
Parties may include:
presiding official
judge's associate
officer of the court
parties to the proceedings
prosecutor
legal representative
court reporter
jury panel
witness
corrective services personnel
police
parent
guardian
social worker
family and community services personnel
interpreter
victim of crime
counsel assisting the coroner
coronial services officer
Court layout may include:
catering for:
multiple defendants and their legal representatives
juveniles
vulnerable witnesses
use of technology
potentially dangerous defendants
Equipment and technology may include:
whiteboard, including electronic whiteboard
electronic equipment for slides, videos, etc.
remote viewing equipment
video-conferencing equipment
overhead projectors
computers
document readers
tape recorders for electronic recording of interviews
Court duties may include:
court orderly duties
proclamations for opening and closing court, and end of day
court security
responsibility for exhibits
set up and correct functioning of court technology
execution of process
General protocols and procedures may include:
correct mode of address in and out of court for judge, magistrate and other court users
procedures for entering and leaving a courtroom, and escorting presiding officer, complainant, witnesses and juries
standard operating procedures for dealing with disorderly conduct in court
security procedures
procedures for recording information
file handling procedures
procedures for handling juries, witnesses and exhibits
procedures for dealing with vulnerable witnesses
protocols relating to the public
Terminology may include:
action
adjournment
affidavit
affirmation
associate
bail
bar table
bench
cause list
claim
closed court
complaint
court
court monitor
Crown
defendant
deposition
dock
duty
estreatment
ex parte
information
jury box
judge, justice and magistrate
nolle prosequi
oath
precinct
process
prosecutor
recognisance
remand
sheriff
sine die
statement
summons
tipstaff
under oath
voir dire
warrant
witness
witness box
Duties specific to court's jurisdiction may include:
placing a person in custody when ordered by the court
receiving driving licences after disqualification
making appointments for drug assessment, driving assessment, etc.
dealing with emotionally distressed people
attending inquests
ensuring only relevant people are admitted to the courtroom, especially in juvenile courts
working with private security guards or escort services for defendants in custody
Legislation may include:
state, territory and commonwealth Acts relating to:
admiralty
bail
bankruptcy
child protection
coroners
courts
crime
fines
family law
juvenile offenders
residential tenancies
Records may include:
cause lists
client information sheets
statistical data forms
witness details
exhibit lists
claim forms for witnesses and jurors
payment forms
cover sheets for declarations
inquest logs
Documentary requirements may include:
paperwork for release on bail or community service orders
guarantor's details and documents to be signed
remand and adjournment slips
small claims proformas
notice of payment forms
care and protection forms
adoption forms
warrants

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.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Assessment must confirm the ability to:
use information to identify and confirm requirements relevant to court, jurisdiction, parties and proceedings
apply terminology in accordance with court protocol
perform duties specific to court's jurisdiction
identify and complete documentary requirements
apply legislative and organisational policies, procedures and protocols
Consistency in performance
Competency should be demonstrated by performing court duties on a range of occasions, over time.
Context of and specific resources for assessment
Assessment must comply with:
applicable regulations and codes
workplace procedures and protocols.
Access may be required to:
a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when performing court duties, including coping with difficulties, irregularities and breakdowns in routine
legislation, policy, procedures and protocols relating to court duties
case studies and workplace scenarios to capture the range of situations likely to be encountered when performing court duties
Guidance information for assessment
The following assessment methods are suggested:
oral questioning about relevant legislation, acting ethically, and applying processes
observation of the candidate responding to a range of contexts to ensure achievement of the unit outcomes
feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures
review of records completed by candidate or reports of performance
In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.