Unit of competency Outline

Date retreived
22/07/2026 2:55 PM AWST

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Give evidence

Give evidence

Unit of competency
National Code
PSPREG410B
State Code
C8278
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
State Implementation and Classification
Approved Date
09/10/2014
Field of Education
100707 - Verbal Communication
Original Release Date
09/10/2014
Nominal Hours
20
Description
This unit covers the requirements of giving evidence in a range of legal proceedings. It includes preparing for proceedings, presenting evidence, and following up outcomes of proceedings.In practice, giving evidence may overlap with other generalist or specialist public sector work activities such as acting ethically, complying with public sector legislation, applying government processes, working with interpreters.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Prepare for proceedings
  • 1.1 Arrangements for, role and involvement in proceedings are confirmed.
  • 1.2 Documentation and exhibits are prepared in accordance with legislation, policy and procedures.
  • 1.3 Any witnesses are supported as required, in accordance with organisational policy and procedures, to attend proceedings and give evidence.
2. Present evidence
  • 2.1 Protocols and rules of evidence relevant to the setting and the organisation involved are adhered to throughout proceedings.
  • 2.2 Feedback from counsel and/or police and comments by deciding authority are noted and incorporated.
  • 2.3 Evidence is presented in a clear, concise and articulate manner in accordance with organisational standards.
  • 2.4 Quality and standard of evidence and presentation enhance the reputation and image of the organisation with the public, legal profession and colleagues.
  • 2.5 Considered expert evidence is provided on request in accordance with the organisation's policy and consistent with qualifications and expertise.
3. Follow up outcomes of proceedings
  • 3.1 The outcomes of the proceedings are noted and filed, and reports are completed where required according to organisational requirements.
  • 3.2 Any required actions are implemented in accordance with organisational policies and procedures.
The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.
Arrangements for, role and involvement may include:
confirmation of time, date and location of proceedings
confirmation of evidence required to be presented
working with/briefing legal counsel
Proceedings may include:
criminal, coronial and civil courts
defence tribunals
industrial relations commissions
State industrial tribunals
workers compensation tribunals
human rights commissions
equal opportunity commissions
land and environment courts
royal commissions
disciplinary hearings
administrative reviews
Parliamentary hearings
Documentation and exhibits may include:
reports
photographs
items of evidence
media footage
reports of incidents
files, correspondence, meeting notes
radio/telephone record logs
Legislation, policy and procedures may include:
legislation relevant to proceedings
legislation relevant to the organisation
operational performance standards
organisational personnel practices and guidelines
organisational quality standards
Witnesses may include:
those directly involved
bystanders
experts
organisational personnel
distressed or unwilling witnesses
complainants
Protocols may include:
rules of court
correct mode of address for judges, magistrates and other court users, in and out of court
procedures for entering and leaving a courtroom
complying with security procedures
file handling procedures
procedures for handling exhibits
Rules of evidence include:
admissibility
contemporaneousness
Deciding authority may include:
magistrate
judge
Evidence may include:
different aspects in chief, cross-examination and re-examination
Standards for giving evidence may include:
voice clarity
language
impartiality
respect for people and offices held
standards of dress
forms of address
Required action may include:
follow-up action with legal authorities
re-listing for conciliation conference or arbitration
dealing with evidence, which may include disposal
preparing agreed orders
updating files
closing files
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.
Units to be assessed together
Pre-requisite units that must be achieved prior to this unit:Nil
Co-requisite units that must be assessed with this unit:Nil
Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:
PSPETHC401A Uphold and support the values and principles of public service
PSPLEGN401A Encourage compliance with legislation in the public sector
PSPGOV408A Value diversity
PSPGOV419A Work with interpreters
PSPGOV422A Apply government processes
PSPREG401C Exercise regulatory powers
Overview of evidence requirements
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
the knowledge requirements of this unit
the skill requirements of this unit
application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)
giving evidence in a range of (3 or more) contexts (or occasions, over time)
Resources required to carry out assessment
These resources include:
legislation, policy, procedures and protocols relating to presentation of evidence
case studies and workplace scenarios to capture the range of likely offences for which evidence needs to be presented
Where and how to assess evidence
Valid assessment of this unit requires:
a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when giving evidence, including coping with difficulties, irregularities and breakdowns in routine
giving evidence in a range of (3 or more) contexts (or occasions, over time)
Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:
people with disabilities
people from culturally and linguistically diverse backgrounds
Aboriginal and Torres Strait Islander people
women
young people
older people
people in rural and remote locations
Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:
case studies
demonstration
observation
questioning
scenarios
simulation or role plays
authenticated evidence from the workplace and/or training courses
For consistency of assessment
Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments
Replaces
State Code National Code Title Type
C3479 PSPREG410A Give evidence Unit of competency
Replaced By
State Code National Code Title Type
AWT93 PSPREG011 Give evidence Unit of competency