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.
Orders may include:
court orders
default judgements
consent orders
warrants
adjudications
Natural justice:
refers to the concept of fairness encapsulated in the adage 'justice should be done, and be seen to be done'
means the judiciary acts fairly:
in good faith
without bias
in a 'judicial temper'
has two primary rules:
'hear the other side': a person whose interests will be affected by the decision should be given a hearing before that decision is made
'no-one shall be judged in his own case': the decision maker must be unbiased
encapsulates the rules of procedural fairness that flows from the two primary rules above and includes:
the right to be heard/put your case
the right to be informed of a complaint or case against you
the right to know reasons for decisions affecting you
the right to privacy
the right to advice
the right to representation
the right to silence
the right to an unbiased decision maker
reasonable time to prepare
no undue delay in hearing, etc
Matters may include:
bail
care and protection matters
civil
criminal
family
interlocutory
juvenile
probate
enforcement
taxation of costs
case appraisal
industrial

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
Competency must be demonstrated in performing quasi-judicial functions as prescribed by legislation and Rules of Court.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
Assessment must confirm the ability to:
provide interpretation of rules and legislation
assess matters and affect their course of procedure
provide information and options on intent of legislation
apply natural justice to case settlements
facilitate effective discussion with parties
complete documentation
manage effective case flow
comply with legislative and organisational policies and procedures
Consistency in performance
Competency should be demonstrated by performing quasi-judicial functions 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 quasi-judicial functions, including coping with difficulties, irregularities and breakdowns in routine
legislation, policy, procedures and protocols relating to quasi-judicial functions
case studies and workplace scenarios to capture the range of situations likely to be encountered when performing quasi-judicial functions
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.