22199VIC Certificate IV in Justice 22197VIC Diploma of Justice 22200VIC Advanced Diploma of Justice Accredited for the period: 1st July, 2012 to 30th June 2017 under Parts 4.4 and 4.6 of the Education and Training Reform Act 2006 Version FINAL 19/07/2012 Verson 1 July 2012 Original accredited document Version 2 November 2015 Updates to VU20866 Apply customs law enforcement processes within justice environments to include a change to the unit name and to replace Customs with Australian Border Force throughout the unit. © State of Victoria (Department of Education and Early Childhood Development) 2012 Copyright of this material is reserved to the Crown in the right of the State of Victoria. This work is licensed under a Creative Commons Attribution-NoDerivs 3.0 Australia licence (http://creativecommons.org/licenses/by-nd/3.0/au/) You are free to use, copy and distribute to anyone in its original form as long as you attribute Higher Education and Skills Group, Department of Education and Early Childhood Development as the author, and you license any derivative work you make available under the same licence. Disclaimer In compiling the information contained in and accessed through this resource, the Department of Education and Early Childhood Development (DEECD) has used its best endeavours to ensure that the information is correct and current at the time of publication but takes no responsibility for any error, omission or defect therein. 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This qualification has been entered on the TGA (Training.gov.au) http://training.gov.au/ ii Table of Contents Section A: Copyright and course classification information .................................................................... 1 1. 2. 3. 4. 5. 6. 7. 8. Copyright owner of the course ...........................................................................................................1 Address ................................................................................................................................................1 Type of submission..............................................................................................................................1 Copyright acknowledgement ..............................................................................................................1 Licensing and franchise .......................................................................................................................2 Course accrediting body......................................................................................................................2 AVETMISS information ........................................................................................................................3 Period of accreditation........................................................................................................................3 Section B: Course information .............................................................................................................. 5 1. 2. 3. 4. 5. 6. 7. 8. 9. Nomenclature .....................................................................................................................................5 1.1 Name of the qualification ...........................................................................................................5 1.2 Nominal duration of the course .................................................................................................5 Vocational or educational outcomes of the course ............................................................................5 Development of the course ................................................................................................................6 3.1 Industry / enterprise / community needs ..................................................................................6 3.2 Review for re-accreditation ......................................................................................................10 Course outcomes ..............................................................................................................................11 4.1 Qualification level .....................................................................................................................11 4.2 Employability skills ....................................................................................................................15 4.3 Recognition given to the course ...............................................................................................15 4.4 Licensing / regulatory requirements ........................................................................................15 Course rules.......................................................................................................................................15 5.1 Course structure .......................................................................................................................15 5.2 Entry requirements ...................................................................................................................18 Assessment........................................................................................................................................19 6.1 Assessment strategy .................................................................................................................19 6.2 Assessor competencies .............................................................................................................19 Delivery .............................................................................................................................................20 7.1 Delivery modes .........................................................................................................................20 7.2 Resources ..................................................................................................................................20 Pathways and articulation.................................................................................................................21 Ongoing monitoring and evaluation .................................................................................................21 Section B: Appendices ........................................................................................................................ 23 Appendix 1: Record of stakeholder engagement in course development ............................................. 25 Appendix 2: Course content developed by stakeholders ...................................................................... 26 2.1 Skills and knowledge overview .................................................................................................26 2.2 Training demand/Job Search ....................................................................................................35 2.3 Skills and knowledge mapping ..................................................................................................45 Appendix 3: Transition tables ............................................................................................................. 49 3.1 Certificate IV .............................................................................................................................49 3.2 Diploma .....................................................................................................................................50 3.2 Advanced Diploma ....................................................................................................................52 Appendix 4: Employability Skills Summaries ....................................................................................... 55 iii 4.1 22199VIC Certificate IV in Justice .............................................................................................55 4.2 22197VIC Diploma of Justice ....................................................................................................57 4.3 22200VIC Advanced Diploma of Justice ...................................................................................60 Section C: Units of Competency .......................................................................................................... 63 VU20868: Apply foundation legal principles ..........................................................................................65 VU20869: Work within the criminal justice system ...............................................................................77 VU20870: Apply writing and presentation skills within a justice environment .....................................85 VU20871: Support the management of adult offenders within the Victorian correctional framework93 PSPETHC401A: Uphold and support the values and principles of public service (contextualised)......103 VU20861: Apply criminal law within justice environments .................................................................111 VU20862: Work with family violence contexts within justice environments ......................................123 VU20863: Work with culturally diverse clients within justice environments ......................................132 VU20864: Work with conflict resolution and mediation processes within justice environments.......144 VU20865: Apply management and leadership within justice environments ......................................154 VU20866: Apply Australian Border Force law enforcement processes within justice environments .170 VU20867: Support policing processes within justice environment contexts.......................................180 VU20851: Apply research techniques within justice contexts .............................................................190 VU20852: Apply investigative processes within justice environments................................................202 VU20853: Apply sociology concepts and principles to justice contexts ..............................................219 VU20854: Research criminology and crime prevention for application to practice within justice environments .......................................................................................................................................229 VU20855: Implement human rights principles with justice environments .........................................239 VU20856: Apply psychological concepts and principles within justice environments ........................247 VU20857: Identify and respond to complex issues within a criminal justice environment .................259 VU20858: Undertake case-management in a justice environment .....................................................271 VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s .........281 VU20860: Work with young offenders in justice environments ..........................................................290 iv Section A: Copyright and course classification information Section A: Copyright and course classification information 1. Copyright owner of the course Copyright of this document is held by the Department of Education and Early Childhood Development (DEECD) Victoria © State of Victoria 2012 Day to day contact: Alan Daniel Curriculum Maintenance Manager – Business Industries Chisholm Institute PO Box 684, Dandenong, Victoria, 3175 Ph: (03) 9238 8501 Fax: (03) 9238 8504 email: alan.daniel@chisholm.vic.edu.au 2. Address Department of Education and Early Childhood Development (DEECD) Executive Director Pathways, Participation and Youth GPO Box 266 Melbourne Victoria, 3001 3. Type of submission This qualification is being submitted for re-accreditation. Previous codes and nomenclature: 21792VIC Certificate IV in Justice 21791VIC Diploma of Justice 21790VIC Advanced Diploma of Justice 4. Copyright acknowledgement Copyright of this material is reserved to the Crown in the right of the State of Victoria. © State of Victoria (Department of Education and Early Childhood Development) 2012 The following units of competency: PSPOHS401B Implement Workplace Safety Procedures and Programs PSPETHC401A Uphold and Support the Values and Principles of Public Service are from the PSP04 Public Sector Training package administered by the Commonwealth of Australia. © Commonwealth of Australia. The following units of competency: BSBMGT616A: Develop and implement strategic plans BSBPMG510A: Manage projects BSBRSK501B: Manage risk are from the BSB07 Business Services Training package administered by the Commonwealth of Australia. © Commonwealth of Australia. ©State of Victoria 2012 1 Section A: Copyright and course classification information The following unit of competency: LGACOM406A: Investigate alleged breaches of legislation and prepare documentation is from the LGA04 Local Government Training package administered by the Commonwealth of Australia. © Commonwealth of Australia. The following unit of competency: CSCORG507A: Manage projects in justice and offender services is from the CSC012 Correctional Service Training package administered by the Commonwealth of Australia. © Commonwealth of Australia. The following units of competency: CHCCHILD401B: Identify and respond to children and young people at risk CHCCHILD403B: Promote the safety, well being and welfare of children, young people and their families CHCCHILD404B:Support the rights and safety of children and young people CHCCHILD505B: Work effectively in child protection and out of home care for children and young people are from the CHC08 Community Services Training package administered by the Commonwealth of Australia. © Commonwealth of Australia. 5. Licensing and franchise This work is licensed under a Creative Commons Attribution – NoDerivs 3.0 Australia licence: http://creativecommons.org/licenses/bynd/3.0/au/. You are free to use, copy and distribute to anyone in its original form as long as you attribute the, Department of Education and Early Childhood Development as the author, and you license any derivative work you make available under the same licence. Copies of this publication may be downloaded, free of charge, from the Training Support network website: http://trainingsupport.skills.vic.gov.au 6. Course accrediting body 2 Victorian Registration and Qualifications Authority (VRQA) Level 6, 35 Spring Street Melbourne Vic 3002 Ph: (03) 9637 2806 Website: http://www.vrqa.vic.gov.au/ ©State of Victoria 2012 Section A: Copyright and course classification information 7. AVETMISS information 8. Period of accreditation ©State of Victoria 2012 ANZSCO code (Australian and New Zealand Standard Classification of Occupations) 271299 Judicial and Other Legal Professionals nec ANZSIC code (Australian and New Zealand Standard industrial Classification – industry type) 8120 Justice ASCED code (Field of Education) 0911 Justice and Law Enforcement National course code 22199VIC Certificate IV in Justice 22197VIC Diploma of Justice 22200VIC Advanced Diploma of Justice 1st July, 2012 to 30th June, 2017 3 Section A: Copyright and course classification information 4 ©State of Victoria 2012 Section B: Course Information Section B: Course information 1. Nomenclature 1.1 Name of the qualification Standard 1 for Accredited Courses 22199VIC Certificate IV in Justice 22197VIC Diploma of Justice 22200VIC Advanced Diploma of Justice 1.2 Nominal duration of the course 2. Vocational or educational outcomes of the course Certificate IV in Justice: 325 – 355 hours Diploma of Justice: 300 – 310 hours Advanced Diploma of Justice: 670 – 750 hours Standard 1 for Accredited Courses Graduates of the Certificate IV in, Diploma and Advanced Diploma of Justice will be able to meet the current and future industry requirements to effectively apply the operational functions, principles and practices of the Victorian criminal justice system across a variety of legal and justice environments from intermediate to comprehensive capacity level. Vocational outcomes of the Certificate IV course are to: take responsibility for own role in implementing principles and practices within legal environments apply effective communication and problem-solving techniques to underpin working within a range of contexts within the criminal justice system apply effective written and oral communication skills to preparation and presentation of information, documents and briefs manage self and others in the supervision of adult offenders at an operational level comply with legal and regulatory standards and provisions for work safety within justice environments supervise self and others in adherence to ethical standards required of working within the Victorian criminal justice sector at an operational level Vocational outcomes of the Diploma course are to: ©State of Victoria 2012 effectively manage a range of justice context functions, including appropriate application of law, working within family violence contexts, conflict resolution and client services that address cultural diversity and special needs develop the capacity of individuals and groups to actively participate in team development and change management within justice environments develop the capacity of individuals and groups to actively participate in conflict resolution and mediation strategies apply and direct effective communication, problem-solving and emotional intelligence skills to underpin management and leadership within justice organisational structures and cultures 5 Section B: Course Information apply quality assurance, legal and regulatory compliance and safety regulations within justice environment manage self and others within justice contexts Vocational outcomes of the Advanced Diploma course are to: 3. Development of the course 3.1 Industry / enterprise / community needs effectively undertake research and evaluation processes of justice operations and innovations across a range of justice contexts effectively manage complex justice operational functions of investigation, evidence processes and preparation of cases for prosecution effectively develop and manage client services, treatment planning, case-management and crime prevention that are underpinned by sociological and psychological analyses and perspectives develop the capacity of individuals and groups to actively participate in the implementation of human rights principles apply and manage communication skills and problem-solving skills to questioning, interrogation, interviewing and client support, interaction, counselling, case-management referral, advocacy and third party representation at court apply and manage communication and organisational skills to develop and maintain reports, records, case notes, evidence briefs, and other documentation compliance requirements manage quality assurance, legal and regulatory compliance and safety regulations within justice environment manage self and lead others within justice contexts Standard 1 and 2 for Accredited Courses The Justice suite of qualifications continues to enjoy strong support from organisations within Victorian judicial system and other related State and Federal agencies. They report that the qualifications provide vocational pathways into long-term careers within the justice field. The courses equip students to work in both supervised and unsupervised capacities in a variety of legal environments demonstrating the vocational outcomes outlined in 2.1 above. As the criminal justice system experiences a strong demand for paralegals/justice officers working in both custodial and non-custodial areas, so significant developments in relation to protecting Australia’s borders and anti-terrorism strategies are driving strong employment growth in the Australian Border Force for graduates of the course. Additionally, within the sphere of investigation, law enforcement and support services, the justice industry requires officers who are trained to meet the pressures of demographic fluctuation, cultural diversity and changes in society that have significant impact of legal provisions. In corollary, this drives strong employment demand for administrators, 6 ©State of Victoria 2012 Section B: Course Information counsellors, clinicians, and case-managers able to work with a wide variety of clients across a wide range of justice environments. Victorian Police, and other policing agencies, state that there are opportunities across a number of capacities within policing programs, and report, “recruits who have completed, or are completing, the Advanced Diploma of Justice are at an advantage when participating in the application process for employment with Victoria Police, because they have a more rounded and broader knowledge of the justice industry..”1 Completion of the three qualifications will produce graduates, who, within the specificity of Australian and Victorian legal framework, will provide the leadership, management, planning, co-ordination, research, analysis and application capabilities that are requirements for practitioners in modern legal environments. Hence, they support the legal framework through providing the continuum between care and control. Similarly, completion of the three qualifications will produce wellprepared candidates for further study. Currently the qualifications are delivered by six Registered Training Organisations (RTOs) with close to 800 students enrolled in 2011. These RTOs report a high interest in the new course structure of three discrete Justice qualifications, and, with the enrolment figures for 2012 showing a significant increase on previous years, expect the courses to continue to enjoy strong demand into the future with graduates experiencing high employment rates in the abovementioned fields. See Figures 3.1 and 3.2 below, for enrolment data from 2007 to 2012. Figure 3.1: Enrolment data – Student Contact Hours Victorian RTOs 2007 to 2010 2007 SCH 2008 SCH 2009 SCH 2010 enrolments 21792VIC Cert IV 76 1,065 141,635 183 21791VIC Diploma 242 32,148 50 21790VIC Advanced Diploma 71,508 67,227 38,739 592 71,826 68,292 212,522 825 Figure 3.2: Enrolment data 2011 /2012 by key RTOs NB: NMIT began delivering the Justice qualifications in 2011 and therefore will commence the Adv. Dip for the first time in Semester 2 - 2012 21792VIC Certificate IV (1st year of RTO delivery structure) ©State of Victoria 2012 2011 Enrolments 2012 Enrolments First semester only Kangan 180 112 Holmesglen 119 111 NMIT 31 50 Chisholm 25 40 7 Section B: Course Information 21791VIC Diploma NB: Diploma enrolments are nested within Adv. Dip figures (2nd year of RTO delivery structure) 21790VIC Advanced Diploma HESG state total 126 N/A Kangan 63 73 Holmesglen 56 82 NMIT N/A 18 Chisholm 154 190 HESG state total 0 N/A Kangan 27 18 Holmesglen 56 82 NMIT N/A N/A Chisholm 160 190 HESG state total 772 N/A 146,779 151,481 25 25 RMIT – Nested program SCH data only Part-time enrolments across all three qualifications Holmesglen The Higher Education and Skills Group has funded the project to reaccredit 21792VIC Certificate IV in Justice; 21791VIC Diploma of Justice and the 21790VIC Advanced Diploma of Justice due to this established need. After mapping vocational outcomes against National Training Packages, it was found that there is no qualification that provides training in the vocational outcomes (Section B 2. above) required for effective contribution to the functional operations of the justice sector. The main target groups comprise: Certificate IV: those wishing to complete the full suite of Justice qualifications those wishing to enter local government with a minimum entry requirement in order to undertake on-the-job training as: o local/municipal o statutory law enforcement officers compliance officers mature-aged students wishing to gain entry to Victorian Police or other policing roles those beginning a pathway to higher education NB: Students who enter the workforce after completion of Certificate IV do so primarily in local government. Diploma 8 those wishing to complete the full suite of Justice qualifications in order to follow a specific career path those continuing a pathway to higher education ©State of Victoria 2012 Section B: Course Information those working within the industry or related fields wishing to increase career options, or to specialise Advanced Diploma those wishing to complete the full suite of Justice qualifications in order to follow a specific career path those continuing a pathway to higher education those working within the industry or related fields wishing to increase career options, or to specialise Chisholm, Kangan, Holmesglen and RMIT report that at least 40% of graduates go on to further education and 60% obtain employment. As stated above NMIT will be delivering the Advanced Diploma for the first time in semester two, 2012 and expects its graduates to follow the trends of the other RTOs. Anticipated employment opportunities within the justice industry include the following fields: o Australian Border Force support work o Community-based corrections case-management o Courts services officer o Criminology o Criminology research/analysis o Investigation o Legal support services o Legal Aid o Local government traffic and local law implementation o Local government work o Loss prevention work o Parole work o Police and law enforcement agency work o Prison officer and custodial positions o Registrar or Deputy Registrar of Courts o Client Appendix 2: Course content developed by stakeholders for details of the skills and knowledge outcomes provided by the proposed course. Industry support is confirmed through the endorsement and active participation of the Steering Committee. See Appendix 1: Record of stakeholder engagement in course development, and Accreditation Support Documents: Minutes of Steering Committee; Letters of support from industry. Letters of support include: Ms Kylie Crawford, Senior Community Corrections Officer, Department of Justice; Mr Greg Roberts JP, PSO Co-ordinator Victoria Police; Ms Robyn Horner, Manager Statutory Education and Compliance, City of Kingston; Mr David Provan, General Manager - Adult Parole Board. Members of the Steering Committee: Chair - Scott Ashley: Director, Community Legal Service Alan Daniel: Curriculum Maintenance Manager – Business Industries, Chisholm Institute ©State of Victoria 2012 9 Section B: Course Information Damian Capobianco: Registrar, Dandenong Magistrates Court Joseph Spiteri: Manager - Community Amenity, Ballarat City Council Dave Yeoman: Detective Sergeant, Victoria Police Academy Melissa Brown: Private Consultant/Practitioner - Child protection and related fields Anthony Trevan: Staff Development Manager, Corrections Victoria Sandi Mihoulis: Workforce Planning Officer/Project Officer, Department of Justice Mark Higginbotham: Sergeant, Victoria Police Alan Ogilvie: Discipline Head - Justice Studies, RMIT Jessica Burley: Senior Educator - Justice courses, Holmesglen Institute Carla Martins: Assistant Manager - Justice and Legal Studies, Kangan Institute Genevieve Walker: Program co-ordinator- Legal, Justice and Business Administration, NMIT Irene Pagliarella: Program Manager- Justice studies (VET), RMIT Jim Vatousios: Senior Educator – Justice courses, Chisholm Institute Georgy Dumas: Senior Educator – Justice and Community Safety, RMIT In Attendance: Marg Liddell Senior Lecturer – Criminal Justice Programs, RMIT Karen Linstrom: Teacher – Justice courses, RMIT Gabrielle Hodson: Teacher – Justice courses, Kangan Institute Cindy Pandazopoulos: Teacher - Justice courses, Chisholm Institute Lauren Weaver: Program co-ordinator – Justice courses, RMIT Mandy Splatt: Manager – Department of Community Services, Chisholm Institute Elizabeth Howard: Curriculum Projects Officer, Department of Tertiary Development and Accreditation, Chisholm Institute Refer to Accreditation Support Documents: Steering Committee Details 1 3.2 Review for reaccreditation Detective Sergeant D Yeoman, Victoria Police: Centre for Investigator Training Standard 1 and 2 for Accredited Courses Modifications to Course Documentation during period of accreditation are as follows: Version 2 - September 2010 The following modifications were made to the Justice courses 21792VIC Certificate IV in Justice 10 VBQU370 Work within the Current Industrial Relations Climate was amended and updated to reflect current legislation. The revised unit was re-coded as VU20285 Work within the Current Industrial Relations Climate and moved from core to elective. The number of required electives were increased from two to ©State of Victoria 2012 Section B: Course Information three units 21791VIC Diploma of Justice CHCCM4B Promote high quality case management in the core was replaced with CHCCM503C Develop, facilitate and monitor all aspects of case management BSBMGT602A Contribute to the development and implementation of strategic plans was moved to a newly created elective section in order to allow choice of selection from other training packages 21790VIC Advanced Diploma of Justice VBQU385 Arrange legal representation for criminal justice clients and BSBMGT609A Manage risk were moved to the elective bank The number of required electives was increased from one to three [The entry requirements for the Diploma and Advanced Diploma of Justice were retained from Version 1 in order to ensure continuity of transition arrangements.] Monitoring and evaluation of: 21792VIC Certificate IV in Justice; 21791VIC Diploma of Justice, and 21790VIC Advanced Diploma of Justice, have been taken into account in the revised course. Revisions are based on formal and informal data collected from RTO teaching staff, student feedback and experts, and through input from the Steering Committee and Stakeholders. Please see Appendix 1: Record of stakeholder engagement in course development; Appendix 2: Course content developed by stakeholders, and Support Documentation 2: Minutes of Steering Committee. Learners currently enrolled in the existing course may convert to: 22199VIC Certificate IV in Justice; 22197VIC Diploma of Justice; and 22200VIC Advanced Diploma of Justice. Please see Appendix 3: Transition tables for transition arrangements. No new enrolments into: 21792VIC Certificate IV in Justice; 21791VIC Diploma of Justice, or 21790VIC Advanced Diploma of Justice, after 31 st December, 2012 are permitted. 4. Course outcomes 4.1 Qualification level Standard 1 and 2 for Accredited Courses This qualification is consistent with the criteria and specifications of the AQF Certificate IV as outlined in the Australian Qualification Framework July 2011, as follows: Knowledge: Graduates at this level will have broad factual, technical and theoretical knowledge in a specialised field of work and learning, through: o ethics ©State of Victoria 2012 and codes of conduct for justice contexts o legal and criminal justice systems: criminal, civil and family law o legal and regulatory standards and provisions for justice 11 Section B: Course Information contexts o safe work practices in justice environments Skills: Graduates at this level will have a broad range of cognitive, technical and communication skills to select and apply a range of methods, tools materials and information to: o complete routine and non-routine activities such as: developing formal and informal documents and presenting information across a range of circumstances from organisational to courtroom; following court etiquette and protocols; following privacy standards, and recognising and responding to specific client needs, e.g. adult offenders o provide and transmit solutions to a variety of predictable and sometimes unpredictable problems through effective communication and problem-solving techniques in justice environments Application of knowledge and skills: Graduates at this level will apply knowledge and skills to demonstrate autonomy, judgement and limited responsibility in known or changing contexts and within established parameters through: o meeting required legislation, regulations, provisions and standards for work in justice environments o team participation o responding to adult offenders and other clients within justice contexts o researching and presenting information in a variety of formats appropriate to specific justice environments o adhering to ethical standards specific to justice environments o managing self and others to implement workplace safety Volume of Learning: The nominal duration of the course (335 – 355 hours) is the anticipated hours of supervised learning deemed necessary to adequately present the educational material of the course. A significant number of additional hours of unsupervised learning are expected including work experience and/or industry placement to support successful course completion. The volume of learning will exceed 0.5 of a year. This qualification is consistent with the criteria and specifications of the AQF Diploma as outlined in the Australian Qualification Framework July 2011, as follows: Knowledge: Graduates of a Diploma will have technical theoretical knowledge and concepts, with depth in some areas within a field of work and learning, such as: o criminal law, concepts and elements of crime, prosecutions, defences and liabilities o organisational structure, functions and 12 culture within justice ©State of Victoria 2012 Section B: Course Information environments o leadership, management and communication strategies within justice environments Skills: Graduates at this level will have a broad range of cognitive, technical and communication skills to select and apply methods and technologies to: o analyse information to complete a range of activities, such as: debates on criminality, family violence, child abuse, corrections, conflict resolution and mediation practices o provide and transmit solutions to sometimes complex problems, such as: critical analysis of response options across a wide range of legal issues and offences; working with cultural diversity within justice contexts o transmit information and skills to others, through: conflict resolution and mediation strategies; leadership and management; change management, and reflective practice Application of knowledge and skills: Graduates at this level will apply knowledge and skills to demonstrate autonomy, judgement and defined responsibility in known or changing contexts and within broad but established parameters. o specialisation in applying criminal law to a range of occurrences within justice environments o judgement required in compliance with legislation, regulations, provisions and standards relevant to justice environments o initiative and judgement in determining responses to a range of complex justice contexts such as: cultural diversity; family violence; emergency management; and/or Australian Border Force law enforcement o managing self and others in: conflict resolution for clients and colleagues; team development, and, implementing continuous improvement and quality assurance practices for justice environments Volume of Learning: The nominal duration of the course (300 – 310 hours) is the anticipated hours of supervised learning deemed necessary to adequately present the educational material of the course. A significant number of additional hours of unsupervised learning are expected including research, work experience and/or industry placement to support successful course completion. Together with the restrictive entry requirements, the volume of learning will exceed one year. This qualification is consistent with the criteria and specifications of the AQF Advanced Diploma as outlined in the Australian Qualification Framework July 2011, as follows: ©State of Victoria 2012 Knowledge: Graduates of an Advanced Diplomas will have specialised and integrated technical and theoretical knowledge 13 Section B: Course Information with depth within one or more fields of work and learning, such as: o investigative, adjudicative and sentencing principles, processes and procedures applicable to justice work o criminological, sociological and psychological methodologies applicable to law enforcement, corrections and treatment, complexity of clients and human rights issues within justice work o organisational strategic planning for justice o research environments methodologies Skills: Graduates at this level will have a broad range of cognitive, technical and communication skills to select and apply methods and technologies to: o analyse information to complete a range of activities such as: investigations, including evidence processes, interviewing, interrogation and preparations of prosecution briefs; treatment and response evaluation; client support, counselling referral, advocacy and third party representation; case-management strategies o interpret and transmit solutions to unpredictable and sometimes complex problems, such as: responses to complexity of client needs; adult and young offenders; human rights issues; prosecutions, and advocacy o transmit information and skills to others though: highly developed oral and written communication skills; leadership; management planning; reflective practice; organisational strategic planning, and project management in justice contexts Application of knowledge and skills: Graduates at this level will apply knowledge and skills to demonstrate autonomy, judgement and defined responsibility: o in contexts that are subject to change, such as: well-developed judgement required to analyse circumstances, respond effectively and monitor implementation of response within justice contexts o within broad parameters to provide specialist advice and functions, such as: application of sociological and psychological thinking to inform responses to justice functions and operations; development, implementation, monitoring and review of case management strategies, treatment programs and responses to wide range of justice clients; managing non-routine situations on procedure development, risk and contingency management and coordination of own and others’ contributions to justice environments 14 Volume of Learning: The nominal duration of the course (670 – 750 ©State of Victoria 2012 Section B: Course Information hours) is the anticipated hours of supervised learning deemed necessary to adequately present the educational material of the course. A significant number of additional hours of unsupervised learning are expected including research, work experience and/or industry placement to support successful course completion. Together with the restrictive entry requirements, the volume of learning will be in the range of 1.5 to 2 years. 4.2 Employability skills Standard 4 for Accredited Courses This qualification has been mapped to national employability skills. Refer to Appendix 4: Employability skills summaries 4.3 Recognition given to the course Standard 5 for Accredited Courses 4.4 Licensing / regulatory requirements Standard 5 for Accredited Courses Not applicable Not applicable 5. Course rules 5.1 Course structure Standard 2, 6 and 7 for Accredited Courses 22199VIC Certificate IV in Justice comprises seven (7) compulsory units: Six (6) core units One (1) elective unit A Statement of Attainment will be issued for any unit of competency completed if the full qualification is not completed. Unit of competency/ module code Field of Education code (6 digit) Unit of competency/module title Prerequisite Nominal hours Complete six core units VU20868 091199 Apply foundation legal principles Nil 70 VU20869 091199 Work within the criminal justice system Nil 50 091199 Apply writing and presentation skills within a justice environment Nil 091199 Support the management of adult offenders within the Victorian correctional framework Nil PSPOHS401B Implement Workplace Safety Procedures and Programs Nil PSPETHC401A Uphold and Support the Values and Principles of Public Service (Contextualised) Nil VU20870 VU20871 40 60 35 40 Complete one elective unit to be selected from the XXXXXVIC Diploma of Justice or any relevant unit from any currently endorsed Training Package or accredited course at either the same AQF level; one above, or one below Nominal hours average for elective 30 - 60 Total nominal hours ©State of Victoria 2012 325 - 355 15 Section B: Course Information Standard 2, 6 and 7 for Accredited Courses 22197VIC Diploma of Justice comprises six (6) compulsory units. Five (5) core units One (1) elective unit A Statement of Attainment will be issued for any unit of competency completed if the full qualification is not completed. Unit of competency/ module code Field of Education code (6 digit) Unit of competency/module title Prerequisite Nominal hours 80 Complete five core units VU20861 VU20862 VU20863 VU20864 VU20865 091199 Apply criminal law within justice environments Nil 091199 Work with family violence contexts within justice environments Nil 091199 Work with culturally diverse clients within justice environments Nil 091199 Work with conflict resolution and mediation processes within justice environments Nil 091199 Apply management and leadership within justice environments Nil 50 50 40 50 Complete one elective unit to be selected from the list of suggested units and any relevant units from any currently endorsed Training Package or accredited course at either the same AQF level; one above, or one below. VU20866 091199 Apply Australian Border Force law enforcement processes within justice environments Nil 40 091199 Support policing processes within justice environment contexts Nil 40 LGACOM406A Investigate alleged breaches of legislation and prepare documentation Nil 40 CHCCHILD401A Identify and respond to children and young people at risk Nil 30 CHCCHILD403B Promote the safety, well being and welfare of children, young people and their families Nil 40 CHCCHILD404B Support the rights and safety of children and young people Nil 40 VU20867 Total nominal hours 16 300 - 310 ©State of Victoria 2012 Section B: Course Information Standard 2, 6 and 7 for Accredited Courses 22200VIC Advanced Diploma of Justice comprises twelve (12) compulsory units. eight (8) core units four (4) elective units A Statement of Attainment will be issued for any unit of competency completed if the full qualification is not completed. Field of Education code (6 digit) Complete eight core units Unit of competency/ module code Prerequisite Unit of competency/module title Nominal hours VU20851 091199 Apply research techniques within justice contexts 60 VU20852 091199 Apply investigative processes within justice environments 80 VU20853 091199 Apply sociology concepts and principles to justice contexts 50 091199 Research criminology and crime prevention for application to practice within justice environments 80 091199 Implement human rights principles within justice environments 50 091199 Apply psychological concepts and principles within justice environments 50 091199 Identify and respond to client complex issues within a criminal justice environment 50 091199 Undertake case-management in a justice environment 50 VU20854 VU20855 VU20856 VU20857 VU20858 Complete four elective units selected from the following list of suggested units or any relevant units from any currently endorsed Training Package or accredited course at either the same AQF level or one below. VU20859 091199 Apply law and advocacy to support justice clients experiencing justiciable event/s 50 VU20860 091199 Work with young offenders in justice environments 50 CHCCHILD505B Work effectively in child protection and out of home care for children and young people 80 BSBMGT616A Develop and implement strategic plans 80 CSCORG507A Manage projects in justice and offender services 40 BSBPMG510A Manage projects 60 BSBRSK501B Manage risk 60 Total nominal hours ©State of Victoria 2012 670 - 750 17 Section B: Course Information 5.2 Entry requirements Standard 9 for Accredited Courses 22199VIC Certificate IV in Justice Applicants for the 22199VIC Certificate IV in Justice are expected to: have a demonstrated capacity in learning, reading, writing, oracy and numeracy competencies to Level 3 of the Australian Core Skills Framework (ACSF). See http://www.deewr.gov.au be able to use a personal computer, including basic word processing, spreadsheet, and electronic communication platforms and internet search engines. 22197VIC Diploma of Justice The entry requirement for the 22197VIC Diploma of Justice is the successful completion of, or demonstrated equivalence to, the following units of competency: VU20868: Apply foundation legal principles VU20869: Work within the criminal justice system VU20870: Apply writing and presentation skills within a justice environment VU20871: Support the management of adult offenders within the Victorian correctional framework PSPOHS401B: Implement Workplace Safety Procedures and Programs PSPETHC401A: Uphold and Support the Values and Principles of Public Service (Contextualised) These units of competency comprise the core units of the 22199VIC Certificate IV in Justice. 22200VIC Advanced Diploma of Justice The entry requirement for the 22200VIC Advanced Diploma of Justice is the successful completion of, or demonstrated equivalence to, the following units of competency: VU20861: Apply criminal law within justice environments VU20862: Work with family violence contexts within justice environments VU20863 Work with culturally diverse clients within justice environments VU20864: Work with conflict resolution and mediation processes within justice environments VU20865 Apply management and leadership within justice environments These units of competency comprise the core units of the 22197VIC Diploma of Justice. 18 ©State of Victoria 2012 Section B: Course Information 6. Assessment 6.1 Assessment strategy Standard 10 for Accredited Courses All assessment will be consistent with: Standard 1.2 of the Australian Quality Training Framework Essential Conditions and Standards for Continuing (or Initial) Registration See: AQTF User guides to the Essential Conditions and Standards for Continuing (or Initial) Registration: http://www.training.com.au/documents/AQTF Essential Conditions and Standards for Continuing Registration.pdf Imported units of competencies must be assessed according to the rules of the relevant Training Package. Assessment methods and collection of evidence will involve application of knowledge and skills to justice sector workplaces or simulated environments. All assessment activities will be related to a justice sector context. A range of assessment methods will be used, such as: - action learning projects in real, or simulated, justice industry settings - research projects in justice work - portfolio - practical exercises - observation - direct questioning - presentation - third party reports Where the learning is conducted in simulated worksites, the individual needs of the learner will be reflected in the assessment methods. Consistent with Standard 1, Element 5 of the Australian Quality Training Framework Essential Conditions and Standards for Continuing (or Initial) Registration, RTOs must ensure that Recognition of Prior Learning (RPL) is offered to all applicants in determining competency for Credit. There is no mandatory workplace assessment. 6.2 Assessor competencies Standard 12 for Accredited Courses The Australian Quality Training Framework Essential Conditions and Standards for Continuing (or Initial) Registration, Standard 1.4 states the requirements for the competence of persons assessing the course. See AQTF User guides to the Essential Conditions and Standards for Continuing (or Initial) Registration: http://www.training.com.au/documents/AQTF Essential Conditions and Standards for Continuing Registration.pdf Assessors of the imported units of competency must meet the guidelines of the relevant Training Package and/or accredited Course. Documentation. ©State of Victoria 2012 19 Section B: Course Information 7. Delivery 7.1 Delivery modes Standard 11 for Accredited Courses Delivery of units of competency from the relevant Training Packages must be consistent with the guidelines of the relevant Training Package. Delivery of units of competency imported from Training Packages should be contextualised to justice environments, whilst ensuring that the delivery guidelines are adhered to. The following rules apply for contextualisation: elements and associated performance criteria must not be altered in any way the ranges statement may be expanded as long as it does not increase the complexity of the unit the evidence guide may be expanded as long as it retains the integrity of the unit and does not jeopardise the student’s potential to achieve the competency learning and assessment resources may be tailored to the specific needs of the target group, while maintaining their validity. Delivery of units of competency will take into consideration the individual needs of students and will involve blended delivery mode including: - workshops individual assignments team-based assignments applied learning in the workplace or simulated justice environment Learners may be supported through: on-line (internet, social media, email and telephony); face-to-face conferencing, mentoring and interviews; ad hoc arrangements, and regular progress monitoring, particularly for practical work. The course may be delivered part-time or full-time. There is no mandatory workplace delivery. 7.2 Resources Standard 12 for Accredited Courses Resources include: 20 teachers/trainers who meet the Australian Quality Training Framework Essential Conditions and Standards for Continuing (or Initial) Registration Standard 1.4. See AQTF User guides to the Essential Conditions and Standards for Continuing (or Initial) Registration: http://www.training.com.au/documents/AQTF Essential Conditions and Standards for Continuing Registration.pdf access to computers and internet access to workplace or simulated justice environments ©State of Victoria 2012 Section B: Course Information 8. Pathways and articulation access to appropriate equipment, materials and resources to support delivery and to undertake assessment Standard 8 for Accredited Courses This qualification comprises nationally endorsed units of competency from the following Training Packages: o PSP04 Public Sector o BSB07 Business Services o LGA04 Local Government o CSC07 Correctional Service o CHC08 Community Services Participants who successfully complete any of these units will, upon enrolment, gain credit into other qualifications that require those same units. Likewise, those participants who have successfully completed any of these units of competency from the Training Packages will, upon enrolment into the relevant justice qualification, gain credit for those same units. Clear articulation pathways exist between the Certificate IV, Diploma and Advanced Diploma in Justice. Though there are no formal articulation arrangements into Higher Education courses of study at present, there are several universities and providers of such higher education courses that offer credit for the Justice course suite of units. 9. Ongoing monitoring and evaluation Standard 13 for Accredited Courses The Curriculum Maintenance Manager (CMM), Business Industries is responsible for monitoring and evaluation of the Certificate IV in Justice; the Diploma of Justice and the Advanced Diploma of Justice. The Certificate IV in Justice; the Diploma of Justice and the Advanced Diploma of Justice will be reviewed at mid-point of accreditation period. Evaluations will involve consultation with: - course participants justice industry representatives teaching staff assessors Any significant changes to the course resulting from course monitoring and evaluation procedures will be reported to the VRQA through a formal amendment process. ©State of Victoria 2012 21 Section B: Course Information 22 ©State of Victoria 2012 Section B: Course Information - Appendices Section B: Appendices Appendix 1: Record of Stakeholder engagement in course development Appendix 2: Course content developed by the Steering Committee 2.1: Skills and knowledge overview 2.2: Training demand/Job Search 2.3: Skills and knowledge mapping Appendix 3: Transition tables 3.1: Certificate IV 3.2 Diploma 3.3 Advanced Diploma Appendix 4: Employability skills summary ©State of Victoria 2012 23 Section B: Course Information - Appendices 24 ©State of Victoria 2012 Section B: Course Information Appendices Appendix 1: Record of stakeholder engagement in course development Appendix 1: Record of stakeholder engagement in course development The following table describes the consultation that was undertaken with industry, community or other relevant stakeholders in the development and validation of the outcomes, structure and assessment strategy of this course. (See Support Documentation for Evidentiary documentation of engagement) Date Stakeholder/s Engagement Evidentiary document [See Support Documentation: Other emails and recorded notes available on request] 25/6/11 Steering Committee Meeting #1 Minutes 19/8/11 Working group Unit development Workshop/ Working Group report July - Nov Working group subgroups 17/10/11 Steering Committee Meeting #2 Minutes 17/10/11 Working group Unit development Draft units/ 12/12/12 Steering Committee Meeting #3 Minutes Email and telephone Working group subgroups January / February 2012 Consultation with working group subgroups Certificate IV / Diploma / Adv. Diploma Email and telephone 29/3/12 RTO representatives four hour meeting Unit review Edited units V4 3rd April Consultation with working group subgroups Full day unit writing expert advice 4th April to 17th April Steering Committee/working group members/ other industry representatives Feed back on course documentation/cours e structure/ letters of support for course Emails and telephone 23/4/12 Steering Committee Meeting #4 Minutes ©State of Victoria 2012 Face-to-face meetings 25 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders Appendix 2: Course content developed by stakeholders Required skills and knowledge research and mapping to units of competency 2.1 Skills and knowledge overview Steering Committee and project team members have identified the skills and knowledge areas required for practitioners in justice work at the three levels of job role addressed by the suite of qualifications. Table 2.1: Draft Course Structure and content [Developed by expert sub-committee (See Appendix 1) and amended and confirmed by Steering Committee: see Accreditation Support Documentation: Minutes of Steering Committee Meetings] Each course is a standalone qualification Course structure Certificate IV in Justice Diploma of Justice 6 Core units 5 Core units 1 Elective unit 1 Elective unit Advanced Diploma of Justice 8 Core units 4 Elective units Skills and knowledge overview: The essential role of graduates is to recognise, respond, report and refer within the responsibility of their job role and qualification level. Graduates are not qualified to conduct therapeutic counselling. Rather they are qualified to communicate and/or counsel by advice and facilitation which may involve research; organising and managing; implementation, and monitoring of response plans and strategies. Legal and justice environment SKILLS SKILLS SKILLS Research Research Research [Functional systems and application of Law] Adult and youth offender supervision strategies Crime prevention strategies Crime prevention strategies Application of law enforcement strategies within legal environment/s: Application of law enforcement strategies within legal environment/s: - Australian Border Force - Australian Border Force - Local Government - Local Government - Sheriff’s office - Sheriff’s office - Police and policing - Police and policing - Community Corrections - Community Corrections - Office of Corrections - Office of Corrections - Industrial Relations - Etiquette and protocols for attendance at court Justice environment ethical and professional values and principles Working with adult offenders Safe work practices Industrial Relations Investigative processes Adult and youth offender supervision Compiling briefs of strategies evidence Arranging legal representation Arranging referral to 26 Investigative processes Arranging legal representation ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices appropriate agency Working with adult offenders Working with young people Working with people involved in family/domestic violence Working in culturally diverse contexts Risk management when dealing with clients Working with adult offenders Working with young people Working with people involved in family/domestic violence Working in culturally diverse contexts Management of Human rights issues Application of emergency processes and procedures Case management Conflict resolution/Mediation facilitation KNOWLEDGE KNOWLEDGE KNOWLEDGE Key Justice terminology Key Justice terminology Key Justice terminology Overview of Australian Law Basics of Australian Law and relevance to Victorian legal system Australian Law and relationship with Victorian legal and justice systems Structure and jurisdiction of the Victorian courts and tribunals Natural justice Types of laws - their salient features and applications Structure and jurisdiction of the Victorian courts and tribunals Types of laws - their salient features and applications Natural justice - Criminal law - Civil Law - Family Law - Criminal law Types of laws - their salient features and applications - Civil Law - Criminal law - Family Law - Civil Law Justice systemcomponents - Theory and practice - Family Law Legal environment/s: Justice systemcomponents - Theory and practice ©State of Victoria 2012 Arranging referral to appropriate agency - Australian Border Force Legal environment/s: Justice systemcomponents - Theory and practice - Local Government - A Legal environment/s: - Sheriff’s office - Local Government - - Police and policing - Sheriff’s office Australian Border Force Police and policing Local Government - - - Community Corrections - Community Corrections - Sheriff’s office - - Police and policing Office of Corrections 27 Section B: Course Information Appendices - Office of Corrections Appendix 2: Course content developed by stakeholders - Community Corrections Law and Law enforcement Law making - Components of the criminal justice system Office of Corrections Criminology-types and concept of crime Law making Victimology Components of the criminal justice system Types of defences Prosecutions, defences and liabilities History of corrections, punishment, incarceration Overview of: - Law and Law enforcement - Investigative processes - Sentencing principles - Crime prevention - Corrections - History of corrections, punishment, incarceration Adult offender supervision strategies, including role and functions of Adult Parole Board Bail Current debates on law enforcement, prison governance Ethics, codes of practice Legal ethics Equity and access to systems Safe work practices Nature and complexity Law and Law of arresting, enforcement investigating, Investigative processes evidence, proof and sentencing Crime prevention debates and strategies Investigative processes Crime prevention Concepts and debates and strategies elements of crime Family violence work History of corrections, punishment, incarceration History and machinery of law making Current debates on law enforcement, prison governance History and machinery of law making Current debates on law enforcement, prison governance Ethics, codes of practice Legal ethics Local government environment Equity and access to systems Road and traffic law Vicissitudes of cultural diversity Australian Border Force services, related legislation and major offences under the Customs Act Safe work practices Ethics, codes of practice Legal ethics Equity and access to systems Vicissitudes of cultural diversity Safe work practices Communication and Management SKILLS Interpersonal (Professional Practice - communication functional and 28 SKILLS SKILLS Interpersonal communication Interpersonal communication ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices operational role in: Assertiveness Conducting interviews Emotional intelligence - Interpersonal communication Written communication Presenting evidence Conducting interviews - Written communication Record and document keeping Written communication Questioning/interroga ting Presentation of information Presentation of information to courts, clients, colleagues Record and document keeping Presenting evidence - Leadership and management) Report writing Presentation of information to courts, clients, colleagues Record and document keeping Privacy and confidentiality Report writing Careful reading of and assessing situations Negotiation Presentation of information to courts, clients, colleagues Privacy and confidentiality Report writing Assertiveness Working effectively with culturally diverse clients/programs/situa tions Negotiation Reporting and referring to appropriate others Accessing support/help/legal agencies Working under pressure Team participation Assertiveness Client facilitation and management within parameters of own role Maintaining Dealing with conflict professional well-being Conflict Reviewing professional resolution/Mediation goals co-ordination Organisational skills for task completion Careful reading of and assessing situations Research and analysis Responding and reporting to appropriate others Australian Psychological Association (APA) referencing method Analytical and interpretative skills to exercise a range ethical approaches to justice work Referring : planning, arranging referrals to appropriate agencies Supervisory skills for clients and/or offenders Accessing support/help/legal agencies Working under pressure ©State of Victoria 2012 Written communication Privacy and confidentiality Working effectively with culturally diverse clients/programs/situa tions Client facilitation and management within parameters of own role Dealing with conflict Conflict resolution/Mediation facilitation Case management facilitation Careful reading of and assessing situations Responding and reporting to appropriate others Referring : planning, arranging referrals to appropriate agencies Arranging legal representation Organisational and leadership Advocacy and third party representation in courts Team development Supervisory skills for 29 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders Maintaining clients and/or professional well-being offenders Reviewing professional Risk assessment goals Accessing Organisational skills support/help/legal for task completion – agencies Project management Working under Research and analysis pressure Australian Psychological Association (APA) referencing method Organisational and leadership Analytical and interpretative skills to exercise a range ethical approaches to justice work Team management Maintaining professional well-being Reviewing professional goals Organisational skills for task completion – Project management Research and analysis Empiricism Australian Psychological Association (APA) referencing method Analytical and interpretative skills to exercise a range ethical approaches to justice work KNOWLEDGE KNOWLEDGE KNOWLEDGE Privacy and confidentiality Legal system Legal system Local government environment Local government environment Road and traffic law Road and traffic law Privacy and confidentiality Privacy and confidentiality Ethics and legal ethics Ethics and legal ethics Client management Client management Risk assessment Arranging legal representation Advocacy strategies Cultural diversity Risk assessment Management and leadership Conflict resolution strategies/mediation processes Conflict resolution strategies/mediation processes Ethics and legal ethics General client management Arranging legal representation Supervisory skills: adult offenders Report writing 30 Risk assessment Case management ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Australian Psychological Association (APA) referencing method OHS Section B: Course Information Appendices Cultural diversity methodologies Management and leadership Cultural diversity Organisational culture and structures Management and leadership Change management Change management Quality assurance Project management Project management Report writing Report writing Australian Psychological Association (APA) referencing method Australian Psychological Association (APA) referencing method OHS OHS Functional and operational role within justice work informed by analyses and perspectives on: SKILLS SKILLS SKILLS Application of basic criminology and psychology to develop strategies to: - criminology - Application of sociological and psychological perspectives to develop strategies to: - sociology and culture Application of criminology, sociological thinking and psychological perspectives to develop strategies for: supervise adult offenders - - law enforcement and prosecution crime prevention/reducti on - conducting investigative processes - respond to family violence contexts - responding to criminality criminality and approaches to corrections - respond to other justice clients - responding to victims of crime - resolve conflict - ethics and codes of conduct - communicate with clients and colleagues prevention/reducti on - resolving conflict - counselling - treatment planning - client-focused planning and case management - responding to complex client needs - responding to clients experiencing - respond to other justice clients - - (application to practice - functional and operational role in: communicate with clients and colleagues Application of sociology to examine: - crime prevention - - investigative processes - law enforcement - management of offenders – young/adult - - psychology human rights issues - advocacy - ethics and privacy - treatment and/or response programs for adult, youth and children clients, offenders - - work with children at risks or under protection - mediation - ethics and codes of conduct - apply criminal law - management and leadership of self and others ©State of Victoria 2012 enforce law and manage emergencies change 31 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders and victims) management Application of knowledge of socio/economic perspectives to: - - own role within organisational structures and functions escalation of problems to legal intervention (justiciable events) - advocating and supporting special needs clients - recognising and responding to psychotic and nonpsychotic disorders/mental illness - applying emotional intelligence to working within justice contexts - communicating with clients and colleagues - working with children at risks or under protection - working with young offenders - mediation - ethics and codes of conduct - apply criminal law - management and leadership of self and others - change management dealing with culturally diverse colleagues and clients Application of knowledge of socio/economic perspectives to: 32 - own role within organisational structures and functions - dealing with culturally diverse colleagues and clients - upholding / ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices advocating for clients experiencing human rights violations - Strategic planning, such as: organisational planning; resourcing; organisational culture; change management KNOWLEDGE KNOWLEDGE KNOWLEDGE Current debate on issues on causes of, and definitions of crime and offenders Current debate on issues on causes of, and definitions of crime and offenders Current debate and initiatives on issues of: Available services, referral agencies, Current debates and initiatives on: Risk management - Family violence communication strategies - Child protection - Mental health - alcohol and other drugs - Crime prevention/reducti on strategies Safe work practices Current debates and initiatives on cultural inclusion strategies for justice clients and organisations Available services/ referral agencies Support, management strategies - incarceration rates of people with mental health disorders and other complex issues - Family violence - Child protection - Mental health - Alcohol and other drugs - Crime prevention strategies/reductio n strategies - Human rights within justice contexts - Cultural Theories and discourses on: - Psychology Safe communication strategies - Criminology - Sociology Conflict resolution Mediation and case management strategies Mediation processes and practices Available services / referral agencies Advocacy strategies ©State of Victoria 2012 33 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders Treatment planning Mental health issues Support, management strategies Justiciable events – cause and effect Safe communication strategies Safe work practices 34 ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices 2.2 Training demand/Job Search Enrolment information Currently the qualifications are delivered by six Registered Training Organisations (RTOs) with close to 800 students enrolled in 2011 with the enrolment figures for 2012 showing a significant increase on previous years. See Section B: 3.1 – Figures 3.1 and 3.2. Labour market information / Job search Training demand and course relevance to existing labour market positions is evidenced in research conducted through: http://australia.recruit.net/; http://jobsearch.careerone.com.au, and http://www.seek.com.au/ from 31st August, 2011 to 22nd February, 2012 Table 2.2 comprises a representative sample of this research. Key words and phrases in bold indicate matches to skills and knowledge identified by the Steering Committee. See Appendix 2.1 Skills and knowledge overview. Table 2.2: Alignment of course content to labour market skills and knowledge requirements Position title Job profile/required knowledge and skills Youth Justice Worker To support young Aboriginal people who have come into contact with or in risk of contact with the justice system. To develop strategies which contribute towards the reduction of young Aboriginal people coming into contact with the justice system. Para-legal- Law Clerk ...seeking an enthusiastic candidate with at least 3 to 5 years relevant experience working in a law firm and in particular in conveyancing. You will be highly motivated with strong communication skills and eye for detail and the ability to prioritise tasks and sound computer and typing skills In order to be considered for this role – you will also have the following skills and experience:Preparation of legal letters, commercial contracts, and property contracts of sale; Management of property files, including client liaison, statements of adjustments all necessary aspects involved for the successful settlement of matters; Answering phone calls and responding to emails; Attending to client enquiries for Legal matters; Attending to client enquiries for Notary matters; Diary management; Preparation of reports; and End of month accounting. Minimum 60 words per minute typing and excellent knowledge of MS Word, Excel and PowerPoint. Corporate Presentation Autonomous file management; Client and solicitor liaison and correspondence; Ad hoc matters; and Account rendering. Mortgage Recovery Paralegal Working in this face-paced environment liaising with clients and borrowers, working towards a commercial solution, preparing proceedings for court, arranging and attending settlements, and file and diary management. There is a high level of client contact, so excellent communication and client management skills are essential. You will also have strong time ©State of Victoria 2012 35 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders management, organisation skills, the ability to multitask and be able work under pressure while maintaining a high standard of work. Customs officer Customs Marine unit Customs officer – Counter Proliferation Support Duties -Under direction, Senior Customs Officer, Counter Proliferation section will: Undertake research and analysis of trade and other information to develop, maintain, review and monitor profiles relevant to the proliferation risk; Provide timely and accurate advice to internal and external clients; Contribute to section policy and administrative processes including record management; Assist in the preparation and delivery of section briefs (eg. Ministerials and Executive), presentations and newsletters; Maintain section intranet and web based information portals; Liaise with other government agencies including the Department of Defence (Defence Export Control Office), the Department of Foreign Affairs and Trade (DFAT), state/territory regulators and the Australian Intelligence Community in response to referrals, taskings and requests for information; Work collaboratively with other Customs and Border Protection work areas, particularly Intelligence and Targeting Division to achieve organisational objectives; Provide secretariat support to the Customs and Border Protection Executive with regard to the Advisory Panel on Prohibited Exports; Represent the section at inter / intra-agency meetings and forums. Associate to a Judge in the Commercial List of the County Court Provides operational, administrative and technical legal support to a Judge both in chambers and in court. The role involves case file management, a strong emphasis on communication at all levels and may include legal research. Undertake the responsibilities of an Associate to a Judge of the County Court as follows: Maintain the Judge’s appointment diary and attend to official correspondence which includes communication with legal practitioners and other court users. Accompany the Judge into court each day and record and maintain all orders/records using the Court’s database. Maintain accurate records and accept responsibility for the safe keeping of exhibits tendered during court hearings and retain them until expiration of appeal period. Accompany the Judge to circuit courts. This may involve residing out of Melbourne for a periods of approximately 2 months, Monday to Friday during the legal year Develop an understanding of the law relating to the work of the role and undertake legal research as requested. Maintain up to date amendments to legislation and procedural texts. Establish and maintain strong collaborative working relationships with judicial officers, court staff and other stakeholders to achieve the Court’s work plans and goals Undertake other duties as directed including contributing to the Court’s professional development program Knowledge & Skills Written Communication - produce a range of standard written documents, 36 ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices providing clear information and using language appropriate to the audience. Verbal Communication - assesses audience and provides appropriately tailored and clear information and explanations to a range of groups, in an effective and confident manner, dealing with challenging behaviour firmly but politely. Computer Skills - effectively use departmental computer systems for basic word processing, email, appointment scheduling, and internet and intranet functions. Organising and Planning - plans and reviews daily work and is flexible in meeting unforeseen circumstances while continuing to meet expectations. Self-Management - manages skills and knowledge development and own work program to achieve targets, using sound judgement and effective communication. Systems Thinking - knows how systems interact in the work area and makes improvements in own work to assist these. Service Excellence - undertakes work efficiently, focusing on client satisfaction and maintaining service quality despite time constraints while striving to exceed agreed service targets. QUALIFICATIONS The successful applicant must hold a Victorian Driver Licence. Experience and qualifications in legal practice or an associated field will be viewed favourably Community Corrections Officers ©State of Victoria 2012 Community Corrections Officers (CCO’s) monitor and supervise offenders who have been sentenced by the Courts to serve community based orders or have been released from prison on parole by the Adult Parole Board Monitor and supervise an offender caseload; establish objectives and goals within the supervision process and monitor level of offender compliance with community‐based orders. Plan and implement appropriate developmental programs and the delivery of specialist services (such as drug and alcohol counselling, employment or education programs) for offenders. Direct offenders to attend various programs, which may include; educational, community work, assessment and treatment programs. Provide advice to assist the judiciary in the sentencing process or to facilitate variation of an order in cases of varying complexity, involving offender assessment at court and court appearance. Undertake prosecutions of offenders failing to comply with orders, giving evidence in court if required. Interview, assess and report on offenders to the Adult Parole Board. Direct, supervise, monitor and report as required on offenders under the jurisdiction of the Adult Parole Board, providing pre‐ and post‐release programs as required. Participate in the development and provision of new community corrections programs and initiatives as required. Participate in the induction of new staff QUALIFICATIONS While no formal qualifications are required, a degree in an appropriate discipline such as Social Work or Criminal Justice is desirable. It is also helpful to have completed VCE or at least a Year 10 level of secondary education. Skills & Knowledge 37 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders Influence & Negotiation – Uses logic‐based persuasion based on concrete data negotiate on timelines for delivery of goods or services. Planning & Organising ‐ Plans and reviews daily work and is flexible in meeting unforeseen circumstances while continuing to meet expectations. Problem Solving ‐ Solves problems based on operational knowledge and experience, scanning for useful information, looking for underlying causes, and suggesting alternative actions to clients. Verbal Communication ‐ Assesses audience and provides appropriately tailored and clear information and explanations to a range of groups, in an effective and confident manner, dealing with challenging behaviour firmly but politely. Written Communication ‐ Produce a range of standard written documents, providing clear information and using language appropriate to the audience. Treats sensitive information appropriately when drafting documents. Interpersonal Skills ‐ Delivers information to clients and colleagues in a professional and appropriate manner, building rapport with others in order to understand issues and suggest courses of action appropriate to their needs. Leadership ‐ Provides clear instructions and support to colleagues and clients and acts to effectively address conflicts, issues and problems. Technical Expertise Case Management (desirable) – Demonstrated experienced in managing a caseload which includes assessment, supervision and intervention skills. Local Laws Administration Officer 38 Position Purpose To efficiently and effectively undertake administrative tasks within the Local Laws & Traffic department. To develop and implement systems and procedures that meet the required needs of the department. To provide a high quality of service to customers in an effective and efficient manner. To assist, develop and implement various projects within the Local Laws department as required. To provide administrative support maintaining the School Crossing Supervisor program. KEY RESPONSIBILITIES Customer Service Provide excellent service and information to external and internal customers by satisfying telephone and counter enquiries in accordance with Council policies, Customer Service Charter and legislative requirements. Maintain records relating to the Local Laws department’s activities. Undertake timely and accurate processing of computer records in relation to: Dog registrations Parking infringements Dog infringements Local Law infringements School Crossing coverage and timesheets Various registers Other directions under Local Government Act, Domestic Animals Act Permits and licences under Council Local Laws ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices Debt recovery Dealing with Customer Requests; i.e. cat cages Resource Management Prepare correspondence relating to infringement notices issued and any other matters as requested by the Coordinator and Team Leaders in Local Laws. Identify and support various process improvement projects within the unit. Have input into the development of policies and procedures relating to the unit. Review, in conjunction with the Coordinator, and maintain performance reporting mechanisms to assist in measuring departmental performance and trends. Maintain awareness of legislative changes and review administrative process and procedures to support changes in consultation with Coordinator and Team Leaders in Local Laws. Specialist Skills & Knowledge Proficient in computer skills, particularly MS Word and Excel. Familiarity with the Infringement Court system for the enforcement of infringement notices. Understand and utilise relevant technology, procedures and processes within the unit. Excellent written and oral communication skills required to liaise with a range of internal and external customers. Understand policies and regulations as they apply to the unit. Knowledge of administration and data management procedures and practices. QUALIFICATIONS AND EXPERIENCE VCE or equivalent preferable. Additional business skills course desirable. Understanding and implementation of administration systems and procedures essential. Current driver’s licence Local Laws Officer This council requires an exceptional Local Laws team leader to assist their team. This varied role will be ideal for an Officer who has gained experience working for a council in both an Animal Management and Local Laws capacity. You will be responsible for the co-ordination team members, work plans and your division's rostering. Effective time management well developed communication skills and a high level of OHS procedures will be second nature to you. The successful applicant will have proven experience in enforcing Local Laws for a council and will be able to immediately demonstrate the ability to do so. You will have a degree or diploma in law enforcement or a relevant field Trainee Court Registrar The duties of Trainee Court Registrar are varied and involve in‐court, counter and back‐office responsibilities. As a Trainee Court Registrar, you will be required to transfer through various sections and different locations of the Magistrates’ Court within the State. You may also be required to transfer to different jurisdictions e.g. County Court and VCAT. Court Registrars provide administrative support to the Victorian Court ©State of Victoria 2012 39 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders system, and work in courts located in metropolitan and regional centres throughout Victoria. Registrars work in an interesting and, at times, demanding environment in close co‐operation with the Judiciary, the police, legal profession and community groups. The role has a high level of contact with members of the public, facilitating their administrative requirements and providing information and procedural advice. Trainee Court Registrars may advance to Deputy Registrar after successfully gaining relevant experience, meeting performance standards and obtaining a Certificate IV in Government (Court Services). Knowledge & Skills Written Communication – Produce a range of standard written documents, including court documents and correspondence and checks the completion of a wide range of other documents, providing clear information and using language appropriate to the audience and in accordance with legislative requirements, procedural manuals and practice documents. Verbal Communication – Assesses audience and provides appropriately tailored and clear information and explanations on court and tribunal procedures and practices to stakeholders, liaises with members of the Judiciary on courtroom processes, and ensures all interactions are tactful, firm and polite. Interpersonal Skills – Builds rapport with others in order to understand issues and suggest courses of action appropriate to their needs. Organising and Planning – Plans and reviews daily work and is flexible in meeting unforeseen circumstances while continuing to meet expectations. Environmental Scanning – Understands own work and the work of others and uses this knowledge to work effectively in a variety of situations. Problem solving – Solves problems based on operational knowledge and experience, scanning for useful information, looking for underlying causes, and suggesting alternative actions to clients consistent with legislative requirements, procedural manuals and practice directions. Service Excellence – Undertakes work efficiently, focusing on client satisfaction and maintaining service quality despite time constraints while striving to exceed agreed service targets. Applicants must meet at least one of the following requirements: Completed VCE/HSC or equivalent Completed one year full time of an approved tertiary course in a relevant field Work experience in a relevant field. Registrar of the Magistrates’ Court 40 Registrars of the Magistrates’ Court perform a wide range of administrative tasks throughout the Court's registries in Victoria. These may include incourt (bench clerk) duties, client-contact (telephone and counter) enquiries, and back-of-office administrative responsibilities. The role may be performed in a range of jurisdictional contexts, including Civil, Criminal, Family Violence, VoCAT, Diversion, as well as the Children’s and Coroner’s Courts and other jurisdictions (VCAT, County and Supreme Courts) as required. Registrars are also required to exercise powers conferred under the Magistrates' Court Act 1989, other Acts and Rules. These powers involve the preparation and processing of administrative and statutory documentation and the exercise of discretionary quasi-judicial and statutory powers using professional judgement in applying legislative ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices requirements, established rules and precedents, and the Court’s Practice Directions. Key Accountabilities As a Registrar of the Magistrates’ Court, perform appropriate legal, administrative and quasi-judicial functions relating to the day-to-day and ongoing operations of the Court, under limited direction from the Registrar of the court. Provide information and authoritative advice on court and tribunal procedures and practices, including applying legislation relating to the Magistrates’ Court of Victoria, to relevant stakeholders including legal practitioners, police and corrections officers, government agencies, clients and the general public. Liaise with the judiciary, magistracy, external organisations, groups and individuals that interface with the court. Operate relevant computer systems, including case-management systems such as Courtlink, CLMS, ICMS and other technologies. Assist with the direction, supervision and training of staff. Assist in the development, evaluation and implementation of new policies and procedures. Assist in the supervision, security and maintenance of all court buildings and surrounds, if required. Other duties as directed. Technical Expertise Demonstrated knowledge of Victorian Courts and Tribunals – Demonstrates knowledge of legislation, practices, policies and procedures applicable to Victorian Courts and Tribunals. Knowledge & Skills Written Communication – Produce a range of complex administrative and statutory documentation, correspondence and reports meeting legislative requirements and presenting clear, factual and pertinent information based on knowledge, research and analysis. Verbal Communication – Confidently conveys information, using persuasion and negotiation as required, to provide clear and persuasive information and respond effectively to audience in a tactful, respectful, yet firm manner. Interpersonal Skills – Liaises effectively with the Judiciary, external organisations, bodies and individuals and seeks to understand issues, needs and motivations of others, establishing trust and mutual respect and delivering information and decisions in a sensitive and considerate manner. Self Management – Plans and prioritises legal, administrative and quasijudicial functions, work of self and others, and seeks to understand alternative views and circumstances in order to address personal preference or bias and select the most effective method to ensure targets are achieved. Strategic Planning – Assists in the identification and implementation of team goals, actions and strategies needed to support work area objectives and resolves issues consistent with same. Problem solving – Develops operational responses to recurring issues based on knowledge and expertise, based on an accurate appraisal of facts, causes, assumptions, and different points of view. People Management – Demonstrates an understanding of effective team supervision and skill development, ensuring individuals understand direction and feel supported, and the team meets local objectives. Service Excellence – Works to ensure services delivered are of superior ©State of Victoria 2012 41 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders quality, addressing issues promptly and effectively and encouraging team members to take pride in their work and seek to continually improve service provision. Desirable Qualification Certificate IV in Government (Court Services) or equivalent. Specialist Case Workers 42 Corrections Victoria’s Sex Offender Management Branch was established in 2006 in order to provide a coordinated and integrated approach to the management of sexual offenders across both prison services and community corrections. The branch is responsible for key elements of sex offender management within the organisation and comprises a number of functional areas including policy and project management, assessment and treatment, and operations. Specialist Case Workers are required to supervise and monitor high risk, high profile and high need sex offenders using tact, sound judgement and practical problem solving skills. Specialist Case Workers must have strong verbal and written communication and computer skills, including the ability to negotiate with, influence and motivate offenders. They will be part of a committed and professional team Key Accountabilities Responsible for supervising, monitoring and motivating offenders residing at Corella Place Transitional Facility. Involves a lot of driving – to accompany residents on outings, direct residents as required, and observe and report on their order compliance and progress relating to individual case management goals. Have an active role in developing and maintaining a culture that supports rehabilitation and transition and reflects Corella Place’s Mission Statement. Will work with Specialist Case Manager’s (SCMs) to co-case manage residents, reinforce case goals and encourage appropriate interactions and pro-social living skills. Manage offenders in line with the Good Lives Model of Offender Rehabilitation (a strengths-based approach that is one of the underpinnings of Corrections Victoria’s Offender Management Framework), and utilize motivational interaction interviewing techniques. Report incidents and breaches as required in accordance with reporting procedures. Interview, assess & report on offenders to the Adult Parole Board, the Courts and Corrections Victoria when required. Promote and demonstrate a continuous improvement philosophy, engaging in effective quality assurance practices and procedures. Perform shiftwork Manage the Electronic Monitoring Centre – which requires computer skills and accuracy. Technical Expertise Capacity to understand and apply relevant legislation, procedures, guidelines and policies within the Criminal Justice System of Victoria. Proven case management skills, demonstrating interpersonal, assessment and intervention skills. Motivation and commitment to work towards rehabilitation of offenders. Knowledge & Skills Communication: Verbal - Confidently conveys information, using ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices persuasion and bargaining as required, to provide clear and persuasive information and respond effectively to audience in a tactful, respectful, yet firm manner. Written - Produce a range of more complex business correspondence and reports presenting clear, factual and pertinent information based on knowledge, research and analysis. Problem Solving: Develops operational responses to recurring issues based on knowledge and expertise, based on an accurate appraisal of facts, causes, assumptions, and different points of view. Influence and Negotiation: Establishes trust with others, gathers information and develops persuasive arguments based on facts, precedents and common views to advocate own viewpoint and gain agreement while maintaining good relations. Interpersonal Skills: Seeks to understand issues, needs and motivations of others and establishes trust and mutual respect in support of others and providing information and decisions in a sensitive and considerate manner. Environmental Scanning: Understands operational environment and organises others to work effectively, responding to changes, implementing responses, and providing analyses and suggesting improvements to support decision-making. Self Management: Plans and prioritises work of self and others, and seeks to understand alternate views and circumstances in order to address personal preference or bias and select the most effective method to ensure targets are achieved. Youth Justice Conference Convenor Youth Justice Conferencing (YJC) is a community based response to offending behaviour by young people. Conference Convenors facilitate youth justice conferences in our local communities with young people, victims and other stake holders to help young people take responsibility for their offending behaviour. Selection criteria Provide details and examples of your effective group facilitation skills Describe your ability to work effectively with local community networks Describe your ability to display awareness of, and sensitivity to, the needs of young offenders and victims from diverse cultural and social backgrounds Describe how you would implement the principles of the Young Offenders Act 1997 (section 7 and section 34) in preparation and facilitation of a Youth Justice Conference How have you demonstrated effective oral and written communication skills? Describe how you have demonstrated an ability to work with limited supervision, manage time and meet strict deadlines Please provide any other information in support of your application Youth Justice The youth justice program works with young offenders aged between 1020 years old who will generally be on a Children's Court, or in some cases, adult court order. Youth justice workers work across three main areas: youth justice custodial centres, youth justice units and courts. Job Description: In a youth custodial centre a youth justice worker is responsible for providing care, supervision, safety and support for young people sentenced or on remand. In a youth justice unit, a youth justice worker provides care and supervision ©State of Victoria 2012 43 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders for young people on community-based orders and advice to courts to assist them to make informed decisions. Qualifications Youth Justice Centres It is highly desirable to have one of the following qualifications: Certificate IV in Youth Work (Juvenile Justice/Youth Justice) or Certificate IV Youth Justice or equivalent We also welcome people with qualifications in social work, welfare work, psychology and criminal justice. Legal Services Officer (Tasmania) 44 Administer the operations of the Legal Services Unit including information systems, assisting the Manager with workflow arrangements for the unit, provide initial point of contact for phone advice, assist with coordination of phone and email requests, assist the manager with RTI applications. Ensure a comprehensive level of executive assistance and administrative support to the Manager. The employee is responsible for providing effective high level administrative and para-legal assistance to the Manager and for the efficient day to day administration of the Unit. Primary Duties Undertake research into a range of para-legal issues for the Manager and draft associated reports and correspondence. Coordinate the administrative processes around the department’s RTI applications including assisting the manager with determinations and managing and tracking the application for the purpose of ensuring adherence to timelines and for the department’s required reporting Administer the department’s ex gratia claims with guidance from the Manager. Manage the administrative processes around the department’s public liability claims including the reporting requirements. Coordinate incoming correspondence and assist the Manager to maintain and monitor the appropriate workflow within the Unit. Coordinate the flow of information within the Unit including initiation and composition of correspondence and reports, and referral of matters for comment or further action to the appropriate team member in accordance with the manager’s directions, ensuring that the Manager is informed of important developments. Coordinate and ensure effective liaison between the LSU, learning services, school based staff, business support service and other stakeholders. Provide advice to departmental staff on protocols and procedures for dealing with Legal issues covered by the legal issues for schools guidelines and other relevant policies. Provide high level administrative support to the LSU including telephone screening; management of appointments where necessary and assistance with word and data presentation using a range of office software products. ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices 2.3 Skills and knowledge mapping The following Table 2.3 shows the mapping of the key skills areas of justice work, identified by the Steering Committee and stakeholders, against core units and electives including those suggested electives selected from nationally endorsed Training Packages and accredited qualifications. Where identified skills areas not covered by existing Training Packages and accredited qualifications, new units of competency have been developed. Table 2.3: Required skills and knowledge mapping to course content Knowledge and skill areas Mapped to endorsed/accredited units Mapped to new units Application of law Legal VU20868: Apply foundation legal principles VU20869: Work within the criminal justice system VU20861: Apply criminal law within justice environments VU20852: Apply investigative processes within justice environments Criminology VU20853:Apply sociology concepts and principles to justice contexts VU20854: Research criminology and crime prevention for application to practice within justice environments VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s Crime prevention VU20854: Research criminology and crime prevention for application to practice within justice environments VU20856: Apply psychological concepts and principles within justice environments Investigative processes VU20867 Support policing processes within justice environment contexts VU20852: Apply investigative processes within justice environments Law enforcement LGACOM406A: Investigate alleged breaches of legislation and prepare documentation VU20861: Apply criminal law within justice environments VU20866: Apply Australian Border Force law enforcement processes within justice environments VU20867: Support policing processes within justice environment contexts ©State of Victoria 2012 45 Section B: Course Information Appendices Management of adult offenders Appendix 2: Course content developed by stakeholders VU20871: Support the management of adult offenders within the Victorian correctional framework VU20856: Apply psychological concepts and principles within justice environments VU20857: Identify and respond to client complex issues within a criminal justice environment VU20858: Undertake case-management in a justice environment Safe work practices PSPOHS401B: Implement Workplace Safety Procedures and Programs Human rights VU20855: Implement human rights principles within justice environments Professional practice Communication skills VU20870: Apply writing and presentation skills within a justice environment VU20863: Work with culturally diverse clients within justice environments Research and report writing VU20870: Apply writing and presentation skills within a justice environment VU20851: Apply research techniques within justice contexts Leadership and Management BSBMGT616A: Develop and implement strategic plans VU20865: Apply management and leadership within justice environments CSCORG507A: Manage projects in justice and offender services BSBPMG510A: Manage projects Ethics /Privacy and confidentiality Conflict resolution PSPETHC401A:Uphold and Support the Values and Principles of Public Service (Contextualised) All units VU20864: Work with conflict resolution and mediation processes within justice environments VU20858 Undertake case-management in a justice environment 46 ©State of Victoria 2012 Appendix 2: Course content developed by stakeholders Section B: Course Information Appendices Application of sociology and psychology Family Violence VU20862 Work with family violence contexts within justice environments VU20857: Identify and respond to client complex issues within a criminal justice environment Young offenders Children at risk/child protection/youth offenders VU20860: Work with young offenders and child protection clients in justice environments CHCCHILD401A: Identify and respond to children and young people at risk VU20860: Work with young offenders in justice environments CHCCHILD403B: Promote the safety, well being and welfare of children, young people and their families CHCCHILD404B: Support the rights and safety of children and young people CHCCHILD505B: Work effectively in child protection and out of home care for children and young people Complex needs VU20863: Work with culturally diverse clients within justice environments VU20864: Work with conflict resolution and mediation processes within justice environments VU20857 Identify and respond to client complex issues within a criminal justice environment Advocacy VU20855: Implement human rights principles within justice environments VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s Socio/economic issues VU20863: Work with culturally diverse clients within justice environments VU20853:Apply sociology concepts and principles to justice contexts ©State of Victoria 2012 47 Section B: Course Information Appendices Appendix 2: Course content developed by stakeholders VU20855: Implement human rights principles within justice environments Case management 48 VU20858: Undertake case-management in a justice environment ©State of Victoria 2012 Section B: Course Information Appendices Appendix 3: Transition tables Appendix 3: Transition tables 3.1 Certificate IV 22199VIC Certificate IV in Justice is equivalent to and replaces 21792VIC Certificate IV in Justice. No new enrolments into 21792VIC Certificate IV in Justice after 31st December, 2012 are permitted. New unit in 22199VIC Replaced unit from 21792VIC Comments VU20868: Apply foundation legal principles VBQU367: Work in a Legal Environment Updated and equivalent VU20869: Work within Criminal Justice System VBQM389: Introduction to Criminal Justice System Updated and equivalent VU20870: Apply writing and presentation skills within a justice environment VBQU372: Apply Oral and Written Communication Skills in a Justice Environment Updated and equivalent VU20871: Support the management of adult offenders within the Victorian correctional framework VBQU376: Provide Supervision of and Support to Adult Offenders within a Correction Framework Updated and equivalent PSPOHS401B: Implement Workplace Safety Procedures and Programs PSPOHS401B: Implement Workplace Safety Procedures and Programs PSPETHC401A: Uphold and Support the Values and Principles of Public Service PSPETHC401A: Uphold and Support the Values and Principles of Public Service ©State of Victoria 2012 Contextualised and equivalent 49 Appendix 3: Transition tables Section B: Course Information Appendices 3.2 Diploma 22197VIC Diploma of Justice is equivalent to and replaces 21791VIC Diploma of Justice. No new enrolments into 21791VIC Diploma of Justice after 31st December, 2012 are permitted. New unit in 22197VIC VU20861: Apply criminal law within justice environments Replaced unit from 21791VIC VBQM390: Criminal Law in a Justice Environment Comments Updated and equivalent VU20862: Work with family violence contexts within justice environments New unit – no equivalent VU20863: Work with culturally VBQU381: Work with culturally diverse clients within justice diverse clients in a justice environments environment Updated and equivalent VU20864: Work with conflict resolution and mediation processes within justice environments VBQU373: Implement the mediation process in a justice environment Updated and equivalent VBQU374: Apply principles and practices of management and leadership in a justice environment Updated and equivalent VU20866: Apply Australian Border Force law enforcement processes within justice environments VBQU378: Apply the law enforcement processes within the customs environment Updated and equivalent VU20867: Support policing processes within justice environment contexts VBQU379: Apply policing principles and practices in a justice environment Updated and equivalent LGACOM406: Investigate alleged breaches of legislation and prepare documentation VBQU375: Apply municipal law within a local government environment Equivalent VU20865: Apply management and leadership within justice environments CHCCHILD401A: Identify and respond to children and young people at risk New elective suggestion CHCCHILD403B: Promote the safety, well being and welfare of children, young people and their families New elective suggestion 50 ©State of Victoria 2012 Section B: Course Information Appendices Appendix 3: Transition tables CHCCHILD404B: Support the rights and safety of children and young people ©State of Victoria 2012 New elective suggestion VU20285: Work within the current industrial relations climate Removed VBQU377 Apply the law enforcement processes within the Sheriff’s Office Removed 51 Appendix 3: Transition tables Section B: Course Information Appendices 3.2 Advanced Diploma 22200VIC Advanced Diploma of Justice is equivalent to and replaces 21790VIC Advanced Diploma of Justice. No new enrolments into 21790VIC Advanced Diploma of Justice after 31st December, 2012 are permitted. New unit in 22200VIC Replaced unit from 21790VIC Comments VU20851: Apply research techniques within justice contexts VBQU369: Apply Research Techniques within a Justice Framework Updated and equivalent VU20852: Apply investigative processes within justice environments VBQU368: Apply investigative processes in a justice environment Updated and equivalent VU20853: Apply sociology concepts and principles to justice contexts VBQM392: Sociology Updated and equivalent VU20854: Research criminology and crime prevention for application to practice within justice environments VBQM391: Criminology VBQU382: Formulate and apply crime prevention strategies incorporated into VU20854: Research criminology and crime prevention for application to practice within justice environments Both units updated and equivalent VU20855: Implement human rights principles within justice environments VBQU384: Implement human rights principles in a justice environment Updated and equivalent VU20856: Apply psychological concepts and principles within justice environments VBQU380: Apply Psychological Concepts and Principles within a Justice Environment Re-written as units VU20856: Apply psychological concepts and principles within justice environments and VU20857: Identify and respond to client complex issues within a criminal justice environment Equivalence means gaining competency in both units VU20856 and VU20857 VU20857: Identify and respond to client complex issues within a criminal justice environment 52 VBQU380: Apply Psychological Concepts and Principles within a Justice Environment Re-written as units VU20856: Apply psychological concepts and principles within justice environments and VU20857: ©State of Victoria 2012 Section B: Course Information Appendices Appendix 3: Transition tables Identify and respond to client complex issues within a criminal justice environment Equivalence means gaining competency in both units VU20856 and VU20857 VU20858: Undertake casemanagement in a justice environment New unit Some equivalence with elective - CHCCM503C: Develop, facilitate and monitor all aspects of case management VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s VBQU385: Arrange legal representation for criminal justice clients Updated and equivalent VU20860: Work with young offenders in justice environments VBQU386: Provide Support /Supervision to Young Offenders within a Justice Environment Updated and equivalent CHCCHILD505B: Work effectively in child protection and out of home care for children and young people CHCCHILD5A: Orientation to Child Protection and Out of Home Care for Children and Young People Equivalent BSBMGT616A: Develop and implement strategic plans New elective suggestion CSCORG507A: Manage projects in justice and offender services New elective suggestion BSBRSK501B: Manage risk BSBPMG510A: Manage projects ©State of Victoria 2012 BSBMGT609A: Manage risk Superseded in BSB07 Training Package by BSBRSK501A: Manage risk which has been superseded by BSBRSKB: Manage risk where range statement has been updated to incorporate current Australian Standards New elective suggestion 53 Appendix 3: Transition tables Section B: Course Information Appendices VBQU382: Formulate and apply crime prevention strategies Merged with VU20853: Research criminology and crime prevention for application to practice within justice environments Updated and equivalent VBQU383: Plan and organise human resource in a justice environment 54 Removed ©State of Victoria 2012 Appendix 4: Employability skills summaries Section B: Course Information Appendices Appendix 4: Employability Skills Summaries 4.1 22199VIC Certificate IV in Justice Employability Skills Summary Qualification Code: 22199VIC Qualification Title: Certificate IV in Justice The following table contains a summary of the employability skills required for this qualification. This table should be interpreted in conjunction with the detailed requirements of each unit of competency packaged in this qualification. The Employability Skills facets described here are broad industry requirements that may vary depending on the packaging options. Employability Skill Communication that contributes to productive and harmonious relations across employees and customers Teamwork that contributes to productive working relationships and outcomes Problem-solving that contributes to productive outcomes ©State of Victoria 2012 Industry/enterprise requirements for this qualification include the following facets: liaising, listening and consulting to communicate ideas and develop strategies to achieve agreed outcomes modelling open and supportive communication using language appropriate to the needs of others and the justice industry responding to feedback and instructions sharing industry information with colleagues and peers researching and evaluating information to prepare presentations and documents required across a range of justice environment functions interacting effectively with others, as an individual or as a team member, to achieve a shared goal working effectively in diverse teams and with individual differences effectively acknowledging cultural protocols and legal protocols working collaboratively with, and recognising and supporting the contribution of, relevant professionals evaluating and challenging ideas for effective solutions finding, analysing and interpreting data to address contingencies sourcing relevant specialists to provide assistance where required referring non-routine problems to a nominated person analysing relevant workplace data in order to identify hazards to and monitor risks maintaining record-keeping, monitoring and evaluation systems 55 Section B: Course Information Appendices Initiative and enterprise that contribute to innovative outcomes Planning and organising that contribute to long and short-term strategic planning Self-management that contributes to employee satisfaction and growth Learning that contributes to ongoing improvement and expansion in employee and company operations and outcomes Technology that contributes to the effective carrying out of tasks 56 Appendix 4: Employability skills summaries applying learning about support processes, procedures and continuous improvement designing reports and documents to effectively present information within justice environment contexts referring non-routine problems to a nominated person identifying and acting upon learning and support opportunities for implementation of justice industry processes and procedures organising tasks, resources, equipment and time lines planning for contingencies collecting, analysing and organising information accessing and systematically searching electronic databases evaluating the relevance, reliability and authority of information and research developing strategies to self-manage, self-motivate and selfdirect to achieve critical performance outcomes evaluating and taking responsibility for own performance and identifying areas for improvement responding appropriately to constructive feedback on performance participating in professional development opportunities to obtain and maintain knowledge and skills researching current models and theories of practice and process within the justice industry using IT programs and electronic communication platforms relevant to performance requirements within the justice industry ©State of Victoria 2012 Appendix 4: Employability skills summaries Section B: Course Information Appendices 4.2 22197VIC Diploma of Justice Employability Skills Summary Qualification Code: 22197VIC Qualification Title: Diploma of Justice The following table contains a summary of the employability skills required for this qualification. This table should be interpreted in conjunction with the detailed requirements of each unit of competency packaged in this qualification. The Employability Skills facets described here are broad industry requirements that may vary depending on the packaging options. Employability Skill Industry/enterprise requirements for this qualification include the following facets: Communication that contributes to productive and harmonious relations across employees and customers liaising, listening and consulting to negotiate deals and plans to achieve agreed outcomes discussing and negotiating with stakeholders on matters relating to justice issues consulting with others to develop effective working strategies researching information negotiating solutions to new and emerging issues developing and writing reports compiling data, preparing presentations and ad hoc reports as required interacting effectively with others, as an individual or as a team member, to achieve a shared goal. This may involve: Teamwork that contributes to productive working relationships and outcomes o working effectively in diverse teams o effectively o knowing acknowledging cultural protocols how to define the roles within a team o identifying the o working Problem solving that strengths of team members towards consensus in a team environment working collaboratively with clients, colleagues, and other relevant people to manage change and to build trust providing feedback on team performance to relevant colleagues applying creative problem solving strategies by: contributes to productive outcomes o analysing and researching to provide solutions and effective models to a number of different circumstances, in a range of justice contexts and environments o sourcing relevant specialists and help agencies to provide assistance and services ©State of Victoria 2012 analysing relevant information in order to manage risk dealing with complex and non-routine difficulties establishing and maintaining record-keeping, monitoring and evaluation systems 57 Section B: Course Information Appendices Initiative and enterprise Appendix 4: Employability skills summaries applying learning about legal and criminal justice systems to develop improved processes within own current/potential job role developing reports to effectively present information managing, fostering and facilitating change developing and maintaining professional industry networks encouraging sustainability practices in justice environments managing work time and priorities through setting clear goals and deliverables, time lines and milestones, for self and with others planning the use of resources and adapting resource allocations to cope with contingencies allocating people and other resources to tasks participating in continuous improvement and planning processes collecting, analysing and organising information accessing and systematically searching electronic databases evaluating the relevance, reliability and authority of information and research Self-management that developing personal goals and the strategies to achieve them contributes to employee satisfaction and growth reflecting on and taking responsibility for own performance developing strategies to self-manage, self-motivate and selfdirect to achieve goals and objectives developing strategies for self-care appropriate to own current/potential job role within a justice context identifying and acting upon professional development opportunities Learning that contributes to ongoing improvement and expansion in employee and company operations and outcomes seeking feedback and integrating constructive advice into own professional practice developing and maintaining personal competence indentifying and acting upon professional development opportunities maintaining currency of knowledge of legislation, regulations and provisions relevant to own current/potential job role within the justice industry assisting others to acquire new knowledge and skills to improve team and individual performance using IT programs and electronic communication platforms relevant to workplace efficiency using technology to assist the management of information and to assist planning processes applying ergonomics to developing improved occupational health and safety in using technology that contribute to innovative outcomes Planning and organising that contribute to long and short-term strategic planning Technology that contributes to the effective carrying out of tasks 58 ©State of Victoria 2012 Appendix 4: Employability skills summaries ©State of Victoria 2012 Section B: Course Information Appendices 59 Section B: Course Information Appendices Appendix 4: Employability skills summaries 4.3 22200VIC Advanced Diploma of Justice Employability Skills Summary Qualification Code: 22200VIC Qualification Title: Advanced Diploma of Justice The following table contains a summary of the employability skills required for this qualification. This table should be interpreted in conjunction with the detailed requirements of each unit of competency packaged in this qualification. The Employability Skills facets described here are broad industry requirements that may vary depending on the packaging options. Employability Skill Industry/enterprise requirements for this qualification include the following facets: Communication that contributes to productive and harmonious relations across employees and customers Teamwork that contributes to productive working relationships and outcomes Problem solving that contributes to productive outcomes 60 liaising, listening and consulting to negotiate and plan to achieve agreed outcomes liaising, listening and consulting with colleagues, management and stakeholders to encourage participation, and clarify and evaluate issues utilising interpersonal skills to research and evaluate sociological and psychological impacts on criminality discussing and negotiating with stakeholders on matters relating to human rights principles conducting research to collect and analyse information discussing and negotiating with stakeholders when researching and preparing a wide range of reports, project briefs obtaining and interpreting information to ensure currency of work practice managing and developing others to be effective and empowered team members managing and providing feedback on individual and team performance working with and motivating others to gather information, prepare plans, and implement projects working co-operatively in planning and contributing to effectiveness and meeting objectives seeking expertise from other/s as nominated or required working co-operatively with people from different ages, gender, social, ethnic, religious and cultural backgrounds, and, physical and intellectual ability analysing and selecting information for relevance and accuracy high-level research to provide innovative approaches to complex justice client issues developing and managing risk management and contingency plans selecting from a range problem solving and decision making strategies sourcing relevant people to provide consultative assistance and specialised information where required ©State of Victoria 2012 Appendix 4: Employability skills summaries Initiative and enterprise that contribute to innovative outcomes developing strategies and implementation plans applying creative approaches to justice work strategies and issues reviewing evaluation processes to inform future activity applying learning to innovative and responsive approaches to justice issues applying learning and reflective practice to develop improved processes designing strategies and reports to effectively present information identifying trends in the justice sector Planning and organising that contribute to long and short-term strategic planning Self-management that contributes to employee satisfaction and growth Learning that contributes to ongoing improvement and expansion in employee and company operations and outcomes Technology that contributes to the effective carrying out of tasks ©State of Victoria 2012 Section B: Course Information Appendices reviewing, and adapting approaches to, current and emerging national and international trends in justice work and consulting with stakeholders and others on developing and managing a range of plan and projects contributing to managing project completion through time management, setting priorities, timelines, targets and milestones for self and with others maintaining information systems, records, and reporting procedures evaluating the relevance, reliability and authority of information developing systems that are flexible and responsive to changing circumstances developing and planning own work within task requirements selecting and prioritising projects within scope of one's role critically reflecting on own performance identifying and acting on professional development opportunities dealing with contingencies seeking feedback and integrating constructive advice into own professional practice developing and maintaining personal competence seeking and undertaking opportunities for professional development and maintaining currency of knowledge maintaining currency of knowledge of relevant legislation and Codes of Practice participating in networks relevant to justice work practice using IT programs and electronic communication platforms relevant to workplace efficiency using technology to assist the management of information and to assist planning processes applying ergonomics to developing improved occupational health and safety in using technology 61 Section B: Course Information Appendices 62 Appendix 4: Employability skills summaries ©State of Victoria 2012 Section C: Units of competency Section C: Units of Competency Imported units from training packages PSP04 Public Sector PSPOHS401B: Implement workplace safety procedures and programs LGA04 Local Government LGACOM406A: Investigate alleged breaches of legislation and prepare documentation CHC08 Community Services CHCCHILD401A: Identify and respond to children and young people at risk CHCCHILD403B: Promote the safety, well-being and welfare of children, young people and their families CHCCHILD404B: Support the rights and safety of children and young people CHCCHILD505B: Work effectively in child protection and out of home care for children and young people BSB07 Business Services BSBMGT616A: Develop and implement strategic plans BSBRSK501B: Manage risk BSBPMG510A: Manage projects CSC12 Correctional Services CSCORG507A: Manage projects in justice and offender services Units of competency developed for this course: PSPETHC401A Uphold and support the values and principles of public service (contextualised for delivery in a Justice environment) VU20851 Apply research techniques within justice contexts VU20852 Apply investigative processes within justice environments VU20853 Apply sociology concepts and principles to justice contexts VU20854 Research criminology and crime prevention for application to practice within justice environments VU20855 Implement human rights principles within justice environments VU20856 Apply psychological concepts and principles within justice environments VU20857 Identify and respond to client complex issues within a criminal justice environment VU20858 Undertake case-management in a justice environment VU20859 Apply law and advocacy to support justice clients experiencing justiciable event/s VU20860 Work with young offenders in justice environments VU20861 Apply criminal law within justice environments VU20862 Work with family violence contexts within justice environments VU20863 Work with culturally diverse clients within justice environments VU20864 Work with conflict resolution and mediation processes within justice environments ©State of Victoria 2012 63 Section C: Units of competency VU20865 Apply management and leadership within justice environments VU20866 Apply Australian Border Force law enforcement processes within justice environments VU20867 Support policing processes within justice environment contexts VU20868 Apply foundation legal principles VU20869 Work within the criminal justice system VU20870 Apply writing and presentation skills within a justice environment VU20871 Support the management of adult offenders within the Victorian correctional framework 64 ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20868: Apply foundation legal principles VU20868: Apply foundation legal principles Unit Descriptor This unit describes the skills and knowledge required to apply various aspects of law and jurisdiction processes and procedures relevant to working within the Victorian criminal justice system. This unit provides an introduction to the Victorian and Australian legal system including the Constitution; legislative and law making bodies; adjudication and enforcement. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of legal support officers engaged across a range of job roles and jurisdictions within the Victorian justice environment. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Australian law prior to federation is delineated Investigate the origins and the sources of State and Federal law and their application to the Victorian justice environment 1.2 Federal and State Constitutional powers and their limitations are identified 1.3 Law making through Parliament, the Courts and sub-ordinate authorities are investigated 1.4 Main aims and elements of administrative, civil and criminal law and their application to Victorian justice environment are explored 2. Explore the function, operation and jurisdiction of Victorian Courts and Tribunals within the Australian Court system 2.1 Structure and jurisdiction of the Victorian courts and tribunals are delineated 2.2 Process of civil and criminal actions and appeals, including the function and responsibilities of the parties involved are identified 2.3 Different approaches and applications to statutory interpretation are analysed, evaluated and applied to legal matters 2.4 Therapeutic justice principles, within a court framework, are examined ©State of Victoria 2012 65 VU20868: Apply foundation legal principles 3. Explore role of administrative law in the Victorian justice system Section C: Units of competency - Certificate IV 3.1 Principles of natural justice are analysed 3.2 Grounds on which an administrative decision/action may be reviewed or challenged in the courts and tribunals are examined 3.3 Legislative and common law provisions relating to the judicial review by the courts and tribunals are examined 4. Identify and apply 4.1 Application of the law, its functions and process within appropriate current/potential justice environment job roles is delineated elements of Victorian and practised legal system to 4.2 Skills, knowledge and attitudes appropriate for conducting job current/potential role within legal contexts are determined and applied justice environment job roles 4.3 Etiquette and protocols for attendance/appearance at courts and tribunals is researched and practised REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant specialist personnel under direction, independently or within a team interpersonal and organising skills to engage with formal support mechanisms and clients in the justice environment research and analytical skills to interpret and apply case law and legislation research and analytical skills to identify sources of information reading and comprehension skills to extrapolate information relating to the sources of law, its origin, the powers of constitutions, the making and interpretation of the law organisational and interpersonal skill to follow written and verbal instructions to meet performance requirements within a justice environment organisation skills to meet targets, milestones and schedules writing and technical skills to prepare formal and informal reports as required problem solving skills in applying statute and common law principles using appropriate technology to research case law and legislation interpersonal and organisational skills to identify sources of information problem solving skills to identify and report risks, contingencies and opportunities for improvement Required Knowledge 66 general knowledge of the sources of law, its origin, the Federal and State Constitution processes of law making by parliament, the courts and delegate authorities criminal and civil law procedures to a variety of justice issues ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20868: Apply foundation legal principles dispute resolution and adjudicative procedure within a state and commonwealth context relevant Federal, State , local government legislative and regulatory requirements administrative procedures and reviews/appeals within a legal environment the operation of the adjudication and enforcement process with the Victorian legal system pre-trial, trial, and post trial procedure for summary, indictable offences and civil matters processes of therapeutic justice principles ethics policies and privacy rules relevant to working with victims, accused and person in custody safe work practices 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 in the performance criteria is detailed below. Law may refer to: origin of Australian law: o English law o common law/precedent sources of law: o state and federal statute law including: - treaties and international conventions o local government and other delegated authorities o common Constitutional powers may include: law - courts types of law: o federal and state statute laws o federal and state common law o local laws o rules and regulations made by delegated authorities federal and state systems of government: o bicameral system o representative/responsible government o Commonwealth and State Constitutions o separation of powers - extent - consequences legislative powers of the Commonwealth and the State o specific powers o exclusive powers o concurrent powers o residual powers of the state o powers under Commonwealth constitution– sections 51, 52, 106 - 109, 122, 128 ©State of Victoria 2012 67 VU20868: Apply foundation legal principles Section C: Units of competency - Certificate IV Commonwealth and State Parliaments o structure o functions Limitations (of constitutional powers) may refer to: Law making through Parliament may refer to: implied limitation specific powers express restriction State powers v/s Commonwealth powers introduction bill process through the lower & upper house the Act royal assent commencement elements of an Act of Parliament, such as: o long title and short titles o commencement date o preambles o definitions/dictionary o head notes o parts and o sections and headings divisions and subsections o paragraphs o footnotes and subparagraphs and marginal notes o schedules o amendments/ version and reprint number o provisos/conditions Law making through Courts may refer to: Law making through subordinate authorities may refer to: publication common law question of law appeals courts of appeal ratio decidendi/obiter dictum binding or persuasive enabling Acts/sections delegated authorities drafting tabling and scrutiny by parliament 68 ©State of Victoria 2012 Section C: Units of competency - Certificate IV Administrative law refers to: Civil law refers to: Criminal law may refer to: ©State of Victoria 2012 VU20868: Apply foundation legal principles scrutiny/review by courts – ultra vires commencement publication alteration public powers/laws – addressing the relationships between individual and government/authority aim: o grant the power to institutions to govern and/or, restrain that power, or redress a wrong elements, such as: o authority and accountability o decisions, reasons, information access o judicial reviews, such as: - natural justice - legal error - other grounds private laws – addressing the nature of legal relationships which arises between individuals, such as: o civil wrongs o litigation o civil remedies aim: o restoration to original condition prior to incident elements, such as: o burden of proof o common law o mediation, arbitration public laws – addressing the conduct of individuals in gross violation of social norms, such as: o breach of law, rules and regulations resulting in a penalty aim: o punishment o retribution o deterrent o rehabilitation elements, such as: o burden of proof o common law/precedent o statutes/regulations o investigative processes o pre-trial, trial and post-trial procedures o appeals 69 VU20868: Apply foundation legal principles Application, of administrative law to Victorian justice system, may refer to: Section C: Units of competency - Certificate IV reviews against decisions made or actions taken by person/s in authority through courts/tribunals, such as: o Victorian Civil and Administrative Tribunal (VCAT) - Civil division - Administrative division o Victorian Supreme Court Application of Civil law to Victorian justice system, may refer to: Alternative Dispute Resolution (ADR) litigation through courts Application of Criminal law to Victorian justice system, may refer to: cautioning program criminal diversion program legal processes through the courts Structure and jurisdiction of Victorian courts and tribunals, may refer to: powers of State Constitution hierarchy of Victorian Courts relationship to Federal Courts, such as: o High Court of Australia o Federal Court o Federal Magistrates court structure of Victorian Courts structure of Victorian tribunals types of tribunal jurisdiction of the courts/tribunals may include o statutes of limitation o separation of judicial and executive functions o investment of federal jurisdiction on the state courts - pre-trial and court procedures - sentencing - evidence o inconsistency between State and Federal laws o immunity - diplomatic staff witness children sovereign defence personnel and visiting forces law enforcement agencies o relevant 70 Acts of parliament ©State of Victoria 2012 Section C: Units of competency - Certificate IV Victorian courts and tribunals may include: VU20868: Apply foundation legal principles Supreme Court including the Appeals Court County Court Magistrates’ Court including the: o Koori Court o Drug Court o Family Civil actions and appeals may refer to: Violence Court Children’ Court Coroner’s Court State and Commonwealth Administrative Tribunals including Victorian Civil and Administrative Tribunal (VCAT) Victims of Crime Assistance Tribunal (VOCAT) Racing Appeals Tribunal civil litigation at all levels factors to be considered before civil action is taken, such as: o Alternative Dispute Resolution (ADR) o tribunals and mediation o offer centres of compromise o settling out of court advantages and disadvantages pre-trial proceedings, such as: o letter of demand o pleading, such as: - writ, statement of claim - notice of appearance - defence - counter claim/s o discovery, such as: - documents - interrogatories - oral examination - other information exchanged o direction hearing, such as: - effect of pre-trial proceedings o certificate o trial, of readiness such as: - with or without jury - plaintiff present case ©State of Victoria 2012 71 VU20868: Apply foundation legal principles Section C: Units of competency - Certificate IV - defence present case - decision - claim dismissed/upheld - cost/remedy/damage awarded - appeal types of remedies, such as: action for damages, such as: - nominal damages - special damages - general damages - exemplary damages action for an injunction, such as: - prohibitory injunction - mandatory injunction - interlocutory injunction Criminal actions and appeals may refer to: offence reported/committed/discovered police or other law enforcement investigation arrest, search and seizure including detention for questioning and/or investigation methods of obtaining evidence, such as: o formal interviews o statement o audio/video o forensic recording procedures rights of person of interest/accused charge/summons/infringement notices bail, which may include: o legislation o when o who bail may be granted may grant bail o criteria and the nature of bail and appeal procedure on hearing summary offences, including indictable offences triable summarily: o person charged o mention procedure, including: - criminal diversion program o guilty plea, such as: - defendant appears/does not appear - summary of evidence/sanction 72 ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20868: Apply foundation legal principles o not guilty plea, such as: - contest mention - charges withdrawn- case dismissed - guilty plea to some charges - case proceed to full hearing o prosecution present case o defence present case o decision/verdict o sanctions and other alternatives, such as: - four key aims of punishment - hierarchy of sentencing trial of indictable offence, which may include: o committal proceedings o magistrate to commit or discharge o hand-up brief procedure o relevant factors in choosing between summary jurisdiction and trial by judge and jury Function and responsibilities of the parties may include: Civil: o Parties, such as: - complainant - defendant - legal representative Criminal: o parties, such as: - informant - accused - legal representative - prosecution magistrate, judge and jury burden of proof pleas and defences evidence strict liability offences including road safety/transport/others domestic violence processes special rules in relation to: o sexual offences o Koori Court o Drugs Court o Children’s o domestic ©State of Victoria 2012 Court violence situations 73 VU20868: Apply foundation legal principles Statutory interpretation may refer to: Section C: Units of competency - Certificate IV elements of the State Interpretation of legislation Act which may include: o Sections 12, 37, 44, 45, 49, 51 literal rule golden rule mischief rule spirit (intent) rule class rule common law rule, presumptions and maxims reasons for interpretation ambiguity unclear words obscure meanings other reasons precedent in our legal system, such as: o role and application o doctrine o advantages/disadvantages o reasons for precedents, Therapeutic justice may refer to: such as: binding precedents distinguished one case from another reversing an earlier decision over ruling decision disapproving an earlier decision heal, restore and reconcile, instead of punishment and revenge negotiate instead of impose regular monitoring and supervision therapeutic effects on: o victim o offender Natural justice may refer to: 74 social intervention rather than by harsher sentences development of specialist courts development of restorative justice procedural fairness in decision making the hearing rule the bias rule application to all aspects of judicial process and decision ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20868: Apply foundation legal principles making Grounds on which an administrative decision/action may be reviewed or challenged in the courts and tribunals are examined, may refer to: standing judicial review grounds, such as: o ultra vires o jurisdictional error o errors of law on the face of the record o breach of natural justice merit reviews seeking redress by way of writ, such as: o certiorari o prohibition o mandamus o quo warranto o habeas corpus Legislative and common law provisions relating to the judicial review, may refer to: specific power conferred upon by legislation common law power judicial review, including: o whether or not decisions made by an administrative body are legal o review on Etiquette and protocols may include: the merits formal acknowledgement of the adjudicator - judge and magistrate as he enters or leaves the Court/tribunal remaining standing until adjudicator is seated not speaking in the court/tribunal unless required to do so using appropriate form of address to adjudicator formal entering and exiting court/tribunal during proceedings dress standard other matters as applicable to specific court/tribunal 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit ©State of Victoria 2012 A person who demonstrates competency in this unit must provide evidence of: application of law, functions and processes of the Victorian legal system relevant to current/potential justice environment job roles application of correct etiquette and protocols for attendance/appearance at Victorian courts and/or tribunals knowledge of powers and functions of law, law courts and sub-ordinate authorities of the civil, criminal and 75 VU20868: Apply foundation legal principles Section C: Units of competency - Certificate IV administrative components of the Victorian legal system Context of and specific resources for assessment Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment Guidance information for assessment 76 access to suitable simulated or real workplace/learning opportunities training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project into one or more functions, operations and jurisdictions of the Victorian legal system review of portfolio of research the law making processes by parliament, the courts and subordinate authorities evaluation of project into principles of natural justice and judicial review process practical exercises in etiquette and protocols/criminal procedures oral and written questioning case studies presentations role play scenarios Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20869: Work within the criminal justice system VU20869: Work within the criminal justice system Unit Descriptor This unit describes the skills and knowledge required to define and apply own role within the criminal justice system and in particular the adjudicative phase No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of legal support officers engaged in roles commensurate with requirements of the investigative, adjudicative and correctional components of the criminal justice system. Typically, practitioners will have a greater role in matters relating to the adjudicative component of the criminal justice system. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Purpose and functions of the Victorian criminal justice system and the interrelationship of its main components are delineated Review the components of the criminal justice system 1.2 Context of the investigative phase of the criminal justice system is analysed 1.3 Range of law enforcement agencies and their roles and powers of investigation and jurisdiction are identified 1.4 Impact of contemporary issues within the criminal justice system are identified, investigated and debated 2. Examine the adjudicative component of the criminal justice system 2.1 Adjudicative component of the criminal justice system is described and its internal stakeholders identified 2.2 Key principles of criminal justice are identified and applied 2.3 Development and impact of specialist and therapeutic courts on the criminal justice system are investigated and debated 2.4 Sentencing principles are investigated against the underpinning principles of criminal justice ©State of Victoria 2012 77 VU20869: Work within the criminal justice system 3. Review criminal justice system for application to practice Section C: Units of competency - Certificate IV 3.1 Relationship between purpose, functions and components of the criminal justice system and current/potential job roles is delineated and developed 3.2 Skills, knowledge and attitudes appropriate for conducting job role within criminal justice system contexts are determined and applied 3.3 Responsiveness to debates on contemporary issues is incorporated into professional practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant specialist personnel under direction, independently, or within a team interpersonal and organising skills to engage with formal support mechanisms for participants within criminal justice contexts research and analytical skills to identify sources of information reading and comprehension skills to extrapolate information about criminal justice systems organisational and interpersonal skills to follow written and verbal instructions to meet performance requirements within criminal justice contexts and practices organisation skills to meet targets, milestones and schedules writing and technical skills to prepare formal and informal reports problem-solving skills to identify and report risks, contingencies and opportunities for improvement communication and analytical skills to candidly seek feedback from others on own performance Required Knowledge 78 roles, responsibilities and functions of the criminal justice system principles of criminal justice role and jurisdiction of various law enforcement agencies and their powers of investigation role and function adjudicative component of the criminal justice system role and function of the sentencing relevant Federal, State and local legislative and regulatory requirements contemporary issues arising within criminal justice safe work practices ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20869: Work within the criminal justice system 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 in the performance criteria is detailed below. Criminal justice system may refer to: legislative powers of Australian states and territories under the federal system of government to administer criminal justice Victorian system of: o police o courts o prisons o juvenile institutions Main components may include: Investigative phase may refer to: o corrective services o treatment services principles of criminal justice access to justice investigative component adjudicative component correctional component identification of offences reporting of offences investigation of offences, such as: o interception of communications o fingerprints o DNA o handwriting analysis o search warrants o tracking and listening devices arrest of offenders charging of offenders authorisation of brief presentment of offenders, such as: o summons o bail o remand ©State of Victoria 2012 79 VU20869: Work within the criminal justice system Law enforcement agencies may include: Section C: Units of competency - Certificate IV State Police Federal Police Australian Border Force Australian Taxation Office (ATO) Australian Securities and Investments Commission (ASIC) Australian Security Intelligence Organisation (ASIO) Investigation and jurisdiction may refer to: powers of investigation of specific law enforcement agencies, such as: o searching property and premises o surveillance o phone tapping o access to private records o access to workplace and personal computers and telephones o confiscation of property o detention o removal Contemporary issues may include: of person/s at risk issues in dealing with diverse offenders, such as: o offenders with an intellectual disability o offenders with mental health issues, including dual diagnosis o drug and alcohol dependent offenders o sex-offenders o CALD offenders o Indigenous offenders o young 80 offenders o offenders with acquired brain injury o offenders who are homeless o offenders with autism spectrum disorder o offenders with neurological impairment combined justice and treatment plea-bargaining and over charging treatment modalities home detention specialist courts therapeutic court services impact of public opinion of criminal justice principles impact of public opinion on sentencing mandatory sentencing use of police as prosecutors and prosecutorial decision making ©State of Victoria 2012 Section C: Units of competency - Certificate IV Adjudicative component may refer to: VU20869: Work within the criminal justice system rights of victims in the criminal justice system jurisdiction of the Children’s Court in criminal matters jurisdiction of the Magistrates’ Court in criminal matters jurisdiction of the County Court in criminal matters jurisdiction of the Supreme Court in criminal matters jurisdiction of the High Court in criminal matters appeal processes internal stakeholders role and function of judicial officers, such as: o magistrates o judges o justices role and function of court officers, such as: o bench clerks o registrars o associates o prothonotaries role and function of legal practitioners prosecutorial decision making through role and function of: o police prosecutors o Director o Office Key principles may include: of Public Prosecutions of Public Prosecutions Role and function of the Sentencing Advisory Council (Victoria) role and function of Corrections Victoria burden of proof in the criminal justice system elements of a crime, such as: o mensrea o actus Specialist and therapeutic courts may refer to: ©State of Victoria 2012 reus right against self incrimination rules of natural justice right to legal representation presumption of innocence right to trial by jury double jeopardy specialist courts, such as: o Assessment and o Enforcement Referral Court (ARC) List Review Program (ERP) List 81 VU20869: Work within the criminal justice system o sex Section C: Units of competency - Certificate IV offences list o Drug Court of Victoria o Koori court o neighbourhood justice centre therapeutic court services, such as: o Courts Integrated Services Program (CISP) o Criminal Justice Diversion Program (Diversion) o Enforcement Review Program (ERP) o neighbourhood o Mental o Gain justice centre programs Health Court Liaison Service (MHCLS) Respect, Increase Personal Power (GRIPP) o the Ropes Program Sentencing principles may refer to: specific and general deterrence rehabilitation denunciation punishment protection restitution proportionality totality parity mitigation aggravation mercy instinctive synthesis current sentencing practices 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit 82 A person who demonstrates competency in this unit must provide evidence of: effectively working with relevant investigative, adjudicative and correctional agencies, to meet own current/potential job roles within the criminal justice system knowledge of the functions and purpose of the criminal justice system and its main components knowledge of relevant legislation governing investigation, law enforcement, punishment and rehabilitation within the ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20869: Work within the criminal justice system criminal justice system Context of and specific resources for assessment Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment Guidance information for assessment ©State of Victoria 2012 access to suitable simulated or real workplace/learning opportunities training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of research project into the key components of the criminal justice system review of portfolio of research social, political and/or systemic issues that have impact within the criminal justice system evaluation of project in applying aspects of criminal justice system to own, or potential, job role oral and written questioning case studies presentations role play scenarios Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. 83 VU20869: Work within the criminal justice system 84 Section C: Units of competency - Certificate IV ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20870: Apply writing and presentation skills within a justice environment VU20870: Apply writing and presentation skills within a justice environment Unit Descriptor This unit describes the skills and knowledge required to research, analyse and evaluate, document and present, information that meet organisational requirements across a range of justice environment contexts. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of legal support officers from a range of justice contexts responsible for the preparation of reports, research, analyses, briefing papers and other materials to be disseminated by oral or written means. Practitioners may typically work with government and non-government agencies, such as: police; corrections; court; Australian Border Force; sheriff’s office. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Purpose and objectives, format and specific requirements of document/s are determined Plan for writing complex document/s for a justice environment context 1.2 Function and suitable use of descriptive, analytical, evaluative interpretative and investigative reports is reviewed 1.3 Research information and required resources are delineated 1.4 Appropriate use of language, including grammar and syntax is examined and practised 1.5 Research referencing requirements for range of written materials is examined and practised 2.2 Research is conducted and collated 2.3 Document/s is developed in designated format, to discipline standard and suitable for dissemination objectives 2.4 Feed back on suitability of document is obtained according to organisational requirements ©State of Victoria 2012 85 VU20870: Apply writing and presentation skills within a justice environment 3. Present information in a justice environment context Section C: Units of competency - Certificate IV 3.1 Presentation strategies, format and delivery methods that match the requirements of the target audience location, resources and required personnel are determined and practised 3.2 Presentation is conducted according to determined strategies, format and delivery methods 3.3 Feedback is sought from key personnel and used to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant specialist personnel under direction, independently, or within a team communication skills to clarify requirements of documents, written materials and presentations interpersonal skills to seek assistance in determining and accessing resources research and analytical skills to identify sources of information analytical and interpretive skills to evaluate researched information and where required, draw conclusions and make recommendations organisational and writing skills to present information in format and language appropriate to context requirements organisational skills to produce documents in a timely manner public speaking and assertiveness skills to present information within a wide range of justice environment contexts problem-solving skills to use process flexibly and interchangeably communication and analytical skills to seek feedback from others on own performance Required Knowledge 86 differences between sources of information, such as: primary, secondary and tertiary different purposes and formats of documents and reports suitable to a range of justice environments rules and conventions for written English, as defined by general and specialist dictionaries and books about grammar strategies for presenting information, both written and oral, across a range of justice environment contexts relevant ethical standards and codes of practice referencing and citation systems required to meet professional and intellectual property standards safe work practices ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20870: Apply writing and presentation skills within a justice environment 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 in the performance criteria is detailed below. Purpose and objectives may refer to: meet reporting and document writing requirements for Justice contexts, such as: o police o correctors o juvenile justice o courts o Australian o local government o Sheriff’s Border Force office descriptive reports, such as: o statements o witness corroboration o incident support documentation for formal reports, such as: o précis o executive summary o briefing notes - incorporating: terms of reference - submission timeframes - mode of delivery or dissemination, such as: formal presentation information support news conference or press release terms of reference for: o reporting protocols between government departments or non-government agencies o scope of materials to be produced, such as: - incident report - briefing for a senior officer in the organisation - witness statement or brief for presentation at court - Royal Commission ©State of Victoria 2012 conveying research findings documenting policies, procedures and processes influencing attitudes, opinions, beliefs meeting legal requirements 87 VU20870: Apply writing and presentation skills within a justice environment Section C: Units of competency - Certificate IV meeting data, information and/or knowledge requirements of a specific audience, such as: o mass media o clients and stakeholders o courts o health agencies o relevant government and non-government agencies, such as: - correctional services Format may refer to: essay formal report, such as: o descriptive o analytical o evaluative o interpretative o investigative Specific requirements (of document) may refer to: 88 instructions procedures speeches and presentations public notices leaflets, brochures and publications legal documents briefing papers design elements style structure compliance with proformas, standardised reporting requirements or undertakings made by the organisation about reporting organisational policies, procedures and guidelines applying to writing documents Intellectual Property considerations legal or Traditional requirements for the particular document format point numbering systems links to existing information requirements for illustrations, photographs, graphs, charts, maps and other illustrative material to explain texts standards for referencing, footnotes, citations, acknowledgements ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20870: Apply writing and presentation skills within a justice environment writing styles, including: o appropriate use of plain English, legal and technical terminology o use of grammar, syntax and punctuation to Justice context standards o catering for languages other than Research information may refer to: English file types and sizes for online documents word length time lines and deadlines use of primary, secondary, and/or tertiary sources (of evidence) individual research information from other organisations categorising of information sequencing of data, information and knowledge use of precedent documents online searching using techniques, such as: o Boolean operators o key Resources (required for research) may include: words and phrases primary, secondary and tertiary sources of evidence State, Territory or Commonwealth organisational policies relevant in the production of materials appropriate records, articles, texts, vetted journals, theses, newspapers or electronically produced materials from approved web sites mass media produced materials databases procedural standards or practices specific to the discipline relevant people or stakeholders, such as: o funding bodies o experts o researchers o participant Research referencing (of sources of information) may refer to: subject/s referencing methods of: o Australian Psychological Association (APA) (highly recommended) o Harvard o Legal ©State of Victoria 2012 89 VU20870: Apply writing and presentation skills within a justice environment Section C: Units of competency - Certificate IV o Oxford Discipline standard may refer to: in-text citation bibliography annotated bibliography referencing page assumptions and conclusions used in analyses are clear, justified, supported by evidence and consistent with research and service provision substantiated evidence use of language, such as: o avoiding pejorative terms o respectful o proper Organisational requirements may include: Strategies (for presentation of information)may include: 90 English, such as no jargon no abbreviations no unexplained acronyms no text message jargon proof-reading and editing for correct grammar, syntax, spelling and punctuation anti-discrimination and related policy business and performance plans Code of Conduct/Code of Ethics defined resource parameters ethical standards goals, objectives, plans, systems and processes information protocols legal and organisational policies, guidelines and requirements management and accountability channels OHS policies, procedures and programs procedures for updating records quality management security and confidentiality requirements protocols of justice environment context where presentation is being made protocols for interaction with audience within a justice environment public speaking techniques confidence and assertiveness strategies message crafted for the audience ©State of Victoria 2012 Section C: Units of competency - Certificate IV Format and delivery methods may include: VU20870: Apply writing and presentation skills within a justice environment awareness of audience non-verbal cues expected interaction with audience timeframes individual presentation media conference verbal presentation presentation aids and materials, such as: o audiovisual aids o print-based materials o models Target audience may refer to: mass media outlets, such as: o print, radio and television o on-line Feedback may refer to: media performance evaluation outcome evaluation feedback from stakeholders and peers continuous improvement where future decisions are made using information gained through monitoring 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: conducting research for report or document effectively using written and oral skills, to industry standard, in the development and presentation of a researched document referencing sources of information through in-text referencing and bibliography according to specific citation system knowledge of research and presentation methods knowledge of privacy legislation, regulations and standards Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: ©State of Victoria 2012 access to suitable simulated or real workplace/learning opportunities access to appropriate records, texts, vetted journals, articles, theses, newspapers, and electronic materials training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional 91 VU20870: Apply writing and presentation skills within a justice environment Section C: Units of competency - Certificate IV institutions, courts, and policing/law enforcement premises Method of assessment Guidance information for assessment 92 A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of research project into topic relevant to a specific justice environment and production and delivery of report on that research review of portfolio of research into purpose, sourcing of information, requisite formats and use of language for a range of documents and presentations across the justice industry practical exercises in referencing and in-text citation practical exercises in the production of simple and complex documents appropriate to purpose, objectives and standards required of a range of justice environment contexts observation oral and written questioning presentations third party reports role play scenarios Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20871: Support the management of adult offenders within the Victorian correctional framework VU20871: Support the management of adult offenders within the Victorian correctional framework Unit Descriptor This unit describes the skills and knowledge required to support the application of legislative and systemic processes in the management of adult offenders in the Victorian correctional framework. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers within a range of justice environments who are responsible for handling arrangements for the management of adult offenders. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Evolution of punishment in Western society and the correctional system in Victoria are researched Review the key features of the Victorian correctional system 1.2 Current management practices of Victorian prisons including the impact of the Unit Management method of daily management of adult custodial offenders are investigated and reviewed 1.3 Legislative requirements and accountability measures for the Victorian Correctional system are reviewed 2. Investigate key components of the Victoria correctional system 2.1 Role of Sentence Management Unit is explained 2.2 Processes of Bail, Fines and Community Integration program are examined 2.3 Functions and processes of Community Corrections are evaluated 2.4 Role and functions of the Adult Parole Board are examined ©State of Victoria 2012 93 VU20861: Apply criminal law within justice environments 3. Develop professional practice strategies to support management of adult offenders Section C: Units of competency - Diploma 3.1 Body of theory and debate about current practices related to management and supervision of adult offenders are identified and evaluated 3.2 Models and processes of other Australian and overseas jurisdictions are compared with those of Victoria to inform approach 3.3 Potential benefits and pitfalls of common approaches to offender management are analysed to inform own professional practice 3.4 Communication and assertiveness strategies are identified, evaluated for efficacy and practised 3.5 Feedback on performance is sought from others and used to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant specialist personnel under direction, independently, or within a team interpersonal and organising skills to engage with correctional agencies research and analytical skills to identify sources of information reading and comprehension skills to extrapolate information about Victorian corrections framework for adult offenders organisational and interpersonal skills to follow written and verbal instructions to meet performance requirements within Victorian corrections framework for adult offenders problem-solving skills to identify and report risks, contingencies and opportunities for improvement research and comparative analysis skills to source information about alternative adult offender management frameworks and models and evaluate for application to local practice communication and analytical skills to candidly seek feedback from others on own performance Required Knowledge 94 general history of evolution of punishment and confinement within Western society and Victoria Federal, State and local legislative and regulatory requirements relevant to the Victorian correctional system role and functions of the components of the Victorian correctional framework current local and international debates and theories on management of adult offenders ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20871: Support the management of adult offenders within the Victorian correctional framework management of adult offenders frameworks and models other than those of Victoria duty of care requirements and compliance obligations within the Victorian correctional framework relevant ethics and privacy policies safe work practices 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 in the performance criteria is detailed below. Evolution of punishment may refer to: origins of confinement as a form of punishment contribution of prison design/architecture in development of offender management practices, such as: o Bentham’s panopticon o penitentiary o modern campus style major 18th and 19th century theorists whose philosophies underpin contemporary prison reform, such as: o Jeremy Bentham o John Howard o Elizabeth Fry Quaker influences in America historical events and conjunctures that influenced incarceration circumstances changes is attitudes and approaches to discipline and control shifts in attitudes to punishment of offenders, such as: o retribution o mutilation o capital punishment o denunciation, o ‘just deserts’ o deterrence o humane treatment of offenders o rehabilitation o restoration Correctional system may refer to: relevant legislation, regulations and provision, such as: o corrections Regulations o Corrections Act ©State of Victoria 2012 government and non-government agencies, such as: 95 VU20861: Apply criminal law within justice environments Section C: Units of competency - Diploma o Department of Justice through Corrections Victoria o privately-owned prisons o Victorian Association for the Care and Resettlement of Offenders (VACRO) punishment and rehabilitation options in custodial contexts, such as: o imprisonment o detention and supervision of serious sex offenders o community orders o partially suspended o treatment sentence offender programs o programs for individuals and groups with special needs custodial structures and principles, such as: o Sentence Management Unit functions o adherence to natural justice in sentence classification o humane treatment of persons in custody o humane treatment of persons in custody with special needs, such as: - cognitively low functioning offenders - persons with physical, psychological or mental health disabilities punishment and rehabilitation options in non-custodial contexts, such as: o probation o community corrections o conditional release o parole o fines o community correction orders relating to payment of fines o community correction orders, such as: - supervision - unpaid community work - treatment and rehabilitation - curfews - bans on entering specified areas or places - bans on entering many licensed premises and bans on drinking alcohol in other licensed premises - bans on contacting or associating with specific people or group - residential restrictions or exclusions relating to the offender’s accommodation 96 ©State of Victoria 2012 Section C: Units of competency - Certificate IV Management practices may include: VU20871: Support the management of adult offenders within the Victorian correctional framework duty of care by institutions and their staff, such as: o professional conduct of o ethics staff in the management of offenders and codes of conduct o legislative and regulatory requirements process of internal control and monitoring offender management systems, such as: o risk assessment practices o development o use of technology o application of programs targeted to specific offenders prison management systems for special needs offenders, such as o sex offenders o offenders with an intellectual disability o Cultural And o offenders o young o other Unit management may refer to: Legislative requirements may refer to: Linguistically Diverse (CALD) offenders with alcohol and other drugs (AOD) issues offenders vulnerable groups prison disciplinary systems for offences committed whilst in custody use of ‘corridor system’ of placement to match offence to program availability small group of prisoners living and working together with consistent staff thus normalising prison experience in order to: o promote rapport and relationship o promote rehabilitation o promote success on integration after release Sentencing Act Corrections Management Act Corrections Regulations Correctors Act Interstate Transfer Act Bail Act Evidence Act Mental Health Act Acts regulating different types of courts, such as: o Magistrates o County ©State of Victoria 2012 of risk assessment tools court court 97 VU20861: Apply criminal law within justice environments Section C: Units of competency - Diploma o specialist Accountability measures may refer to: Sentence Management Unit refers to: courts governance by Victorian Department of Justice and jurisdiction of Corrections Victoria accountability pathways, compliance and reporting legislation regulations for both private and public providers contracts performance monitoring minimum standards offender management framework sentence management function sentence management processes, including: o security ratings o specific prisoner groups and programs o separation o prisoners of prisoners in police cells o transfer of prisoners, within Victoria, interstate and international Bail may refer to: Community Corrections may refer to: expectation of administering natural justice in classification and categorising forms of bail conditions of release on bail granting and refusing bail conditions / duties of person bailed appealing against bail decisions range of sentencing options which are based on the concept of a graduated restriction of personal liberty Community Correction Order (CCO) role of Community Corrections Officer in providing information, such as: o court advice and assessments o provision of parole reports Community Corrections Officer functional parameters in roles, such as: o case management o fine default program o extended supervision program o preparation of 98 breach reports ©State of Victoria 2012 Section C: Units of competency - Certificate IV Adult Parole Board may refer to: Body of theory and debates may include discourse on: VU20871: Support the management of adult offenders within the Victorian correctional framework Community Corrections Officer as prosecutor legislative basis for the constitution, authority, lines of accountability and function of the Adult Parole Board (APB) appraisal of CCO parole reports in decision-making inclusion of community standards and expectations in the decision-making management of offenders eligible for parole discretionary powers processes for the preparation of Breach of Parole reports underpinning theories and philosophies that inform current practice influence of ideologies and preconceptions in criminal justice around areas such as: o sentencing and treatment o risk assessment and o concepts of management best practice, effectiveness and efficiency overseas trends in managing adult offenders effects of institutionalisation on staff and prisoners in custodial institutions relations to power within everyday work practices and institutional procedures, such as: o formal and - informal relations between: staff and adult offenders NGOs and the State NGOs staff offenders and the State corporate structure of Corrections Victoria methodologies for determining risk dealing with mental health and medical issues dealing with minority and disadvantaged groups and individuals relationship between educational and vocational training and employment for offenders global and international social trends that influence management and sentencing of offenders debates on the impact of society’s changing tolerances to crime, such as: o opinions on ©State of Victoria 2012 punishment on sentencing and restorative 99 VU20861: Apply criminal law within justice environments Section C: Units of competency - Diploma treatments o progressive/retrogressive law reform as a result of public opinion and pressure Current practices may refer to: media role in stimulating production of community attitudes stereotyping theories on causation of crime theories about female offending institutional procedures and protocols, such as: o formal and informal relations between staff o formal and informal relations between staff and adult offenders o records and record keeping o formal and informal roles of both individual and group o formal and informal organisational cultural norms, beliefs and practices everyday practices, such as: o problem-solving o organisational procedures o interpersonal o formal and Communication and assertiveness strategies may refer to: 100 communication (verbal and written) informal planning and evaluation processes clarity of oral and written meaning culturally inclusive and appropriate use of language and concepts terminology specific to applied practices culturally sensitive engagement techniques clear and concrete presentations of options verbal or non-verbal language accurately interpreting non-verbal and verbal messages questioning to clarify and confirm understanding active problem solving team systems seeking feedback giving feedback assertiveness electronic communication protocols for sharing information strategic planning effective time management ©State of Victoria 2012 Section C: Units of competency - Certificate IV VU20871: Support the management of adult offenders within the Victorian correctional framework 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit A person who demonstrates competency in this unit must provide evidence of: developing and practising strategies, including application of legal and compliance requirements, problem-solving, and communication processes, to support the management of adult offenders across a range of key components of the Victorian correctional system knowledge of evolution of theories and practices in correctional systems that inform contemporary practice and process knowledge of relevant legislation and regulatory requirements knowledge of the functions and purpose of the main components of the Victorian correctional framework Context of and specific resources for assessment Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements relevant to the Victorian correctional system training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises Method of assessment A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: review of portfolio of research into the development of contemporary approaches and practices to corrections and debates around the underpinning theories and philosophies evaluation of research project into the key components of the Victorian correctional framework evaluation of project in developing and applying professional practice to own, or potential, job role related to supporting management of adult offenders within the Victoria correctional framework oral and written questioning case studies presentations ©State of Victoria 2012 101 VU20861: Apply criminal law within justice environments Guidance information for assessment 102 Section C: Units of competency - Diploma role play scenarios essays third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. ©State of Victoria 2012 Section C: Units of competency – Certificate IV PSPETHC401A: Uphold and support the values and principles of public service PSPETHC401A: Uphold and support the values and principles of public service (contextualised) Unit Descriptor This unit covers the ethical conduct required of those in public service and the responsibility to encourage ethical conduct in others, colleagues or supervised staff. It includes contributing to an ethical public sector workplace and participating in ethical decision making. In practice, ethical conduct is demonstrated in the context of other generalist or specialist work activities such as applying government processes, delivering and monitoring services to clients, using resources, conducting interviews, giving evidence, awarding contracts, etc. This is a new unit of competency, added to the Ethics & Accountability Key Area of the Training Package in 2004. Contextualisation Statement This unit of competency has been imported from PSP04 Public Sector Training Package According to the Course Documentation for 22199VIC Certificate IV in Justice: The delivery of this unit of competency must be contextualised to justice environments requirements whilst remaining consistent with the packaging rules of PSP04 Public Sector Training Package (See Section B 7.1 Delivery strategy) All assessment methods and collection of evidence will involve application of knowledge and skills to justice industry workplaces or simulated environments, and, All assessment activities will be related to a justice industry context. (See Section B 6.1 Assessment strategy of the course documentation) Contextualisation additions to this unit appear in the: Range statement entries as follows: See: Ethical values and principles: identification of ethical principles and code of conduct specific to justice environments fundamental ethical principles specific to justice environments, such as: o ethical formalism o utilitarianism o relativity, such as: - objective person test - subjective person test - acceptance of other cultures o conflict of interest o natural law/procedural fairness o duty of care, such as: - ethical and legal responsibility of lawyers - ethical and legal responsibility of justice workers ‘whistle-blowing’ egoism See: Unethical conduct inappropriate use of social networking platforms ©State of Victoria 2012 103 PSPETHC401A: Uphold and support the values and principles of public service Section C: Units of competency – Certificate IV Employability Skills - This unit contains employability skills Application of the Unit This unit supports the attainment of skills and knowledge required for applying ethical conduct and accountability required in those working in government employment. Licensing / Regulatory Information - Not applicable Pre-requisite Unit(s) - Not applicable Unit sector - Not applicable Competency field – Ethics and Accountability ELEMENTS PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Together, performance criteria specify the requirements for competent performance. Text in italics is explained in the Range Statement following. 1. 1.1 Information on the ethical values and principles of the workplace is accessed, its interpretation confirmed with others and applied accordingly Contribute to an ethical public sector workplace 1.2 Application of ethical values and principles is discussed with senior management and colleagues to ensure common understanding and application 1.3 Others are assisted to access and use public sector ethics legislation and guidelines to ensure their work practices comply with requirements 1.4 The differences between public sector ethics/values and personal beliefs/values are explained to others to encourage understanding and compliance 1.5 Hypothetical work practices that would constitute unethical conduct are identified and discussed with work colleagues, and strategies to avoid or deal with them are identified in accordance with organisational policy and procedures 2. Participate in ethical decision making 2.1 Real and potential ethical problems are identified, and decision making processes are used to resolve or refer them in accordance with organisational policy and procedures 2.2 Information is regularly accessed to ensure currency in ethical knowledge, and ethical judgment is developed through involvement in workplace discussions or ongoing professional development related to ethical standards and practices 2.3 Other staff are supported as necessary to contribute to ethical discussions and problem solving to develop their ethical judgment 2.4 Processes for preventing and reporting unethical conduct are used and others are assisted in their application 104 ©State of Victoria 2012 Section C: Units of competency – Certificate IV PSPETHC401A: Uphold and support the values and principles of public service REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required skills accessing legislation and codes of ethics electronically or in hard copy reading complex and formal documents such as legislation and codes of ethics, applying them and assisting others to apply them to work practices applying objective and impartial evaluation of ethical problems using participative ethical decision making/problem solving adjusting communication to suit different audiences preparing written reports that contain information that is impartial, substantiated, accurate and complete responding to diversity, including gender and disability applying occupational health and safety procedures relating to ethical work practices Required knowledge Look for evidence that confirms knowledge and understanding of: the nature of public sector ethics and ethical values as opposed to personal beliefs/value systems fundamental ethical principles such as justice, respect for persons and responsible care other ethics standards such as professional standards natural justice/procedural fairness equal employment opportunity, equity and diversity principles ethical decision making/problem solving models procedures and protocols for reporting unethical conduct environmental and occupational health and safety procedures relating to ethical work practice RANGE STATEMENT 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 italics in the Performance Criteria is explained here. Ethical values and principles may include: identification of ethical principles and code of conduct specific to justice environments fundamental ethical principles specific to justice environments, such as: o ethical formalism o utilitarianism o relativity, such as: - objective person test - subjective person test - acceptance of other cultures ©State of Victoria 2012 105 PSPETHC401A: Uphold and support the values and principles of public service Section C: Units of competency – Certificate IV o conflict of interest o natural law/procedural fairness o duty of care, such as: - ethical and legal responsibility of lawyers - ethical and legal responsibility of justice workers o ‘whistle-blowing’ o egoism respect for the law integrity objectivity accountability honesty openness responsibility impartiality diligence trustworthiness confidentiality respect for persons responsible care probity economy and efficiency Others may include: Legislation and guidelines may include: 106 natural justice/procedural fairness, that is: o the right to be heard/put your case o the right to be informed of a complaint or case against you o the right to know reasons for decisions affecting you o the right to know the outcomes/recommendations of an investigation involving you o the right to privacy o the right to representation o the right to silence o the decision maker should not be a judge in his/her own cause colleagues supervised staff contractors legislation for public sector management freedom of information privacy legislation ©State of Victoria 2012 Section C: Units of competency – Certificate IV Unethical conduct may include: equal employment opportunity and anti-discrimination law public sector standards Ministerial directions State/Territory/Commonwealth codes of ethics organisational codes for conduct/ethics organisational mission and values statements organisational policy, procedures/guidelines government policy professional codes of ethics and conduct equity guidelines, organisational workplace diversity guidelines inappropriate use of social networking platforms fraud, corruption, maladministration and waste unauthorised access to and/or use of information, money/finances, vehicles, equipment, resources, time improper actions during contractual processes, such as release of intellectual property, infringing copyright, release of tender information, inappropriate disclosure during tender process improper public comment on matters relating to the government and/or the organisation falsifying records giving false testimonials dishonesty improper use of plant and equipment, credit cards, frequent flyer points, telephones, email and Internet extravagant or wasteful practices personal favours preferential treatment putting barriers in place, hindering, blocking action compromising behaviour including sexual harassment lack of confidentiality directing others to act unethically oppressive/coercive management decisions resorting to illegality to obtain evidence Ethical problems which may need to be referred rather than resolved at this level may include: ©State of Victoria 2012 PSPETHC401A: Uphold and support the values and principles of public service conflict between public sector standards and personal values conflict between public sector standards and other standards such as professional standards conflict between public sector standards and directions of a senior officer or Minister tension between two 'rights' - for example, the right to privacy versus the right to freedom of information conflict regarding issues of personal and organisational intellectual property 107 PSPETHC401A: Uphold and support the values and principles of public service Refer - referrals of ethical problems may be made to: Section C: Units of competency – Certificate IV line management human resources workplace relations officer grievance officer chief executive officer public service commissioner public sector standards body organisational ethics committee internal grievance mechanisms confidant programs (whistleblower protection programs) organisational professional reporting procedures unions and professional bodies ombudsman EVIDENCE GUIDE 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, a range of (2 or more) generalist or specialist units of competency in the Certificate IV in Government. Choice from the following units is recommended: o o o o o o o o o o o o 108 PSPGOV402B Deliver and monitor service to clients PSPGOV403B Use resources to achieve work unit goals PSPGOV406B Gather and analyse information PSPGOV408A Value diversity PSPGOV411A Deal with conflict PSPGOV412A Use advanced workplace communication strategies PSPGOV414A Provide workplace mentoring PSPGOV422A Apply government processes PSPLEGN401A Encourage compliance with legislation in the public sector PSPPROC409A Receive and select offers PSPREG407B Produce formal record of interview PSPREG410B Give evidencePSPREG411A: Gather information through interviews ©State of Victoria 2012 Section C: Units of competency – Certificate IV Overview of evidence requirements PSPETHC401A: Uphold and support the values and principles of public service 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 Key Competencies as they relate to this unit (see final table for examples) Resources required to carry out assessment Where and how to assess evidence ethical conduct demonstrated and supported in others in a range of (3 or more) contexts (or occasions, over time) where contexts include generalist or specialist work activities such as applying government processes, delivering and monitoring services to clients, using resources, conducting interviews, giving evidence, awarding contracts, etc These resources include: ethics-related legislation and guidelines codes of conduct and codes of ethics public sector standards, procedures and protocols ethical decision making models 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 implementing workplace safety procedures and programs, including coping with difficulties, irregularities and breakdowns in routine ethical conduct demonstrated and supported in others in a range of (3 or more) contexts (or occasions, over time) where contexts include generalist or specialist work activities such as applying government processes, delivering and monitoring services to clients, using resources, conducting interviews, giving evidence, awarding contracts, etc Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as: ©State of Victoria 2012 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. 109 PSPETHC401A: Uphold and support the values and principles of public service Section C: Units of competency – Certificate IV 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: For consistency of assessment 110 case studies portfolios questioning scenarios simulation or role plays authenticated evidence from the workplace and/or training courses 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 ©State of Victoria 2012 Section C: Units of competency - Diploma VU20861: Apply criminal law within justice environments VU20861: Apply criminal law within justice environments Unit Descriptor This unit describes the skills and knowledge required to apply aspects of criminal law within a range of justice settings. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers engaged in dealing with aspects of criminal law and the breaching of legislative requirements. Typically practitioners require a comprehensive knowledge of the relevant aspects of criminal offences, the elements of relevant offences, and the defences to crime in order to appropriately address issues when dealing with various criminal activities ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. Examine the concept of crime 1.1 Concept of crime is delineated Investigate defences to crime 2.1 Differences between rebuttable and irrebuttable presumptions are identified and analysed 2. 1.2 Elements of crime and the factors affecting those elements are examined and evaluated 2.2 General defences to crime are analysed, evaluated and applied to practice in justice environment/s 3. Investigate elements and defences of crime against persons 3.1 Elements and defences of criminal assault and sexual offences and the factors affecting them are examined 3.2 Law relating to family violence are examined, evaluated and applied to practice 3.3 Law relating to stalking and its applicability to issues of family violence are examined and applied to practice 4. Investigate the 4.1 Culpability of person involved in a crime is analysed, evaluated concept of culpability and applied 4.2 Law regarding ‘attempt’ in committing crime is examined and applied 4.3 Law of theft and its associate offences is examined and applied Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 111 VU20861: Apply criminal law within justice environments 5. Apply liability of road safety laws and drug offences within justice environment/s Section C: Units of competency - Diploma 5.1 Duty of care and the various requirements of the road safety laws applicable to drivers in Victoria are analysed and practised 5.2 Basic drug laws of possession, use and trafficking in Victoria are identified and applied to practice 5.3 Strict liability offences and the relevant case law applicable to those offences are identified and evaluated for application to practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant specialist personnel under direction, independently, or within a team interpersonal and organising skills to engage with formal support mechanisms for participants within criminal justice system contexts research and analytical skills to identify, interpret and apply case law, legislation and supporting statistics reading and comprehension skills to extrapolate information about the criminal law organisational and interpersonal skills to give and follow written and verbal instructions to meet performance requirements within criminal justice contexts and practices writing and technical skills to prepare formal and informal reports and judicial documents problem-solving skills to identify and report risks, contingencies and opportunities for improvement interpersonal and organising skills to engage with formal support mechanisms relevant to justice environment/s problem-solving and analytical skills to appropriately apply statute, common law principles and judicial requirements Required Knowledge correct interpretation and sources of criminal law, policies and procedures roles, responsibilities and functions of parties dealing with criminal offences relevant federal, state and local legislative and regulatory requirements including rules and admissibility of evidence, as well as contemporary reforms and amendments role and jurisdiction of various law enforcement agencies and their powers to investigate crime court procedures, evidentiary requirements and current issues arising within the criminal law different types of criminal activities and their elements, such as: o summary offences o indictable offences 112 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20861: Apply criminal law within justice environments o theft o burglary o assaults o sexual offences o drugs o road safety criminal law, policies and procedures to a variety of justice issues operation of adjudication and enforcement process with the Victorian legal system pre-trial, trial, and post-trial procedures for summary, indictable offences duty of care requirements and compliance obligations within the criminal justice system ethics, policies and privacy rules relevant to working with victims, and persons of interest knowledge of organisational policy and procedure in dealing with criminal activities safe work practices 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 in the performance criteria is detailed below. Concept of crime may refer to: working definition of crime purpose of criminal law sources of criminal law aim, such as: o retribution o just deserts o deterrence o rehabilitation o restorative justice subject to criminal law, such as: o children and doctrine of doliincapax o those exempt by law classification of offences, such as: o summary offences o indictable offences o indictable offences triable o mode of summarily hearing/trial types of crime including, such as: o property crime o crimes against society o crimes against individual Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 113 VU20861: Apply criminal law within justice environments Section C: Units of competency - Diploma o crimes of violence o crimes without victims o cyber Elements of crime may refer to: strict and absolute liability offences relationship between statute law and common law elements of an offence, such as: o mensrea – - mental or fault elements, including: intention recklessness knowledge negligence vicious/malicious will o actus Factors (affecting elements and defences of crime) may refer to: crime reus – external or physical elements, including: conduct omission circumstances consequences capacity to commit crime voluntary conduct subjective and objective test/standard defences to offences rights, privileges and immunity rules and admissibility of evidence legal duty to act criminal responsibility, such as: o children o mentally Rebuttable and irrebuttable presumptions may include: General defences may refer to: 114 impaired person burden of proof and standard of proof what is a presumption presumptions under statute law presumptions at common law effects on legal process infancy automatism wilful blindness honest and reasonable mistake of facts intoxication - drugs/alcohol Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Defences (for crimes against person) may include: VU20861: Apply criminal law within justice environments mental impairment self-defence (Zecevic v DPP [1987] CLR 661) provocation ignorance of the law duress accident/misadventure superior orders consent execution of the law necessity abatement of nuisance beliefs defence to assault may include: o consent o amicable contest/accident/misadventure o execution of the law such - legal use of force - force during arrest - force to prevent suicide o self defence defence to rape may include: o general defences o statutory defences, such as: - age of person - consent Assault may include: belief in marital status to victim physical harm fear/apprehension common assault elements of unlawfulness consent or lack of consent intention and recklessness aggravated assaults, that may include: o proof o on o in of assault females company with others o doctrine of common purpose o offensive weapons or instruments Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 115 VU20861: Apply criminal law within justice environments Section C: Units of competency - Diploma o circumstances of aggravation intention performed in a particular way committed on particular class of person(police/volunteers/paramedics/spouses/domestic partners) serious assaults involving: o circumstances and results o intention o inflicting Sexual offences may refer to: of harm intentionally/recklessly threat to inflict a type of harm proof of ‘injury’ endangerment culpable driving family (domestic) violence definitions under section 35 Crimes Act 1958 (Vic), such as: o domestic o sexual partner and defacto spouse penetration o meaning of 116 Consent jury directions and guiding principles indecent assault elements of indecency rape including rape in marriage victim not conscious use of force corroboration sexual offences with person under 16 years/over 16 years belief in certain factors relating to consent offences relating to child pornography knowledge understand nature or character of acts being performed sodomy/bestiality Victorian law definition of incest street prostitution forcing person into /remain in prostitution living off earnings of prostitution abduction for purpose of sexual offences Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Family violence may refer to: VU20861: Apply criminal law within justice environments admissibility of evidence related aspects of Family Violence Protection Act 2008 such as: o preamble to the act o definitions o meaning of: - family violence economic abuse emotional or psychological abuse family member relevant orders o police protection before court o Family Violence Safety Notice, including against stalker/s o contravention o defence to of Family Violence Safety Notice contravention o various forms of o court and powers intervention jurisdiction, processes and procedures o contravention o powers of Family Violence Intervention Orders of police o appeals Stalking may refer to: definition of ‘mental harm’ course of conduct, such as: o follow victim o unwarranted o false communication o cyber stalking o loitering near o interference o threats Applicability may refer to: contact victim with property – all types cause of physical/mental harm creation of fear elements of offence defence as to conduct location of victim relationship of elements of stalking to victim of family violence Personal Safety intervention order court’s authority vexatious litigant Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 117 VU20861: Apply criminal law within justice environments Culpability may refer to: Attempt may include: Theft may refer to: Section C: Units of competency - Diploma elements of proof doctrine of common purpose burden of proof principal offender scope of the offence aiding, abetting, counselling or procuring doctrine of ‘attempts’ nature of attempt actus reus and mensrea intent to commit the completed offence knowledge of relevant circumstances ‘more than merely preparatory’ test voluntary desistance impossibility (physical and legal) relevant sections of the Crimes Act 1958 including: o intangible property, o definition intellectual property, things in action of property, including receiving property, such as: - under obligation - ‘for value’ and ‘in good faith’ - by mistake - innocently o dishonesty, including: - definition of dishonesty - belief in legal claim of right, other’s consent, unknown owner - willingness to pay o concept of appropriation and belonging to another, including: - rights of the owner - hierarchy of ownership o intention to permanently deprive owner or dispose of property o defence, such as: - belief in claim of right, others consent, unknown owner - abandonment 118 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20861: Apply criminal law within justice environments - consent Associated offences may include: relevant section/s of the Crimes Act 1958 - obtaining property by deception: o elements of proof o deception(deliberate or reckless) o obtaining property relevant section/s of the Crimes Act 1958 - obtaining financial advantage by deception: o elements of proof o obtaining the financial relevant section/s of the Crimes Act 1958 - robbery and armed robbery o the elements of o the theft o in proof and the force or fear used on any person order to steal o immediately o armed before or at the time, then and there with firearm, explosive or offensive weapon relevant section/s of the Crimes Act 1958 - burglary and aggravated burglary o entry as a trespasser o to building or part o intent to steal, aggravation o armed with firearm, explosive or offensive weapon o person in the building or part thereof o mental state as Road Safety laws may include: thereof assault or cause damage o circumstances of Duty of care may include: advantage to the condition present drivers legal responsibilities and obligations roadworthiness of vehicle distractions duty of care to others road safety law, such as: o culpable driving o under the influence of alcohol/drugs o reckless/negligent o hoon driving Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 119 VU20861: Apply criminal law within justice environments Section C: Units of competency - Diploma o dangerous driving o standard of care o unjustifiable risks road safety regulations, such as: o obedience to - signs - signals - posted speed limits o roadworthiness Possession, use and trafficking may include: Strict liability may refer to: Relevant case law may include: of vehicle definition of drugs/trafficking/possession/use elements of proof quantity self-use bail condition actual possession knowledge proof beyond reasonable doubt of prohibited act sufficient common law presumption of subjective fault element defence of honest and reasonable mistake of fact intention of parliament strict liability versus absolute liability Precedents through: He Kaw The v R (1985) 157 CLR 523 Jiminez v R (1992) 173 CLR 572 Proudman v Dayman (1941) 67 CLR 536; (1944) ALR 64 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit 120 A person who demonstrates competency in this unit must provide evidence of: effective application of judicial policies, procedures and processes to meet job role requirements within justice environment/s knowledge and effective application of relevant aspects of criminal law and Victorian legislation governing evidence required to prove offences and satisfy judicial requirements knowledge of relevant Federal, State and local legislative, Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20861: Apply criminal law within justice environments regulatory and statutory requirements and provisions, including rules and admissibility of evidence Context of and specific resources for assessment Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment Guidance information for assessment access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and appropriate texts, policies and documentation training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project in elements and defences of crimes against person, property, road safety and drug use evaluation of research project into role of precedent / case law review of portfolio of research into crime and associated judicial processes and procedures review of a persuasive report/presentation/debate on strict liability versus absolute liability practical exercises case studies role play scenarios observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 121 VU20861: Apply criminal law within justice environments 122 Section C: Units of competency - Diploma Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20862: Work with family violence contexts within justice environments VU20862: Work with family violence contexts within justice environments Unit Descriptor This unit describes the skills and knowledge required to recognise and respond to family and domestic violence contexts and to follow organisational requirements to report and refer those involved to appropriate personnel and help agencies. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers within a range of justice environments who are responsible for handling initial and on-going arrangements for victims, clients and help professionals involved in family and domestic violence contexts. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. Identify the 1.1 Legislative and statutory requirements and provisions relevant legislative framework to family and domestic violence are identified for family and 1.2 Functions and roles of organisations and support programs violence contexts relevant to the family violence sector are delineated 1.3 Roles and functions of police in family violence matters is explored 2. Review theoretical perspectives on family violence 2.1 Current and historical local, national and international approaches, theories, and debates on family violence are researched and evaluated 2.2 Ideologies underpinning common family violence concepts, research and practices are delineated and debated 2.3 Concepts of diversity and complexity of clients’ experiences are analysed 2.4 Own attitudes and values and their possible influence on own work are identified and discussed Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 123 VU20862: Work with family violence contexts within justice environments 3. Develop strategies for working in family violence contexts within a justice environment Section C: Units of competency - Diploma 3.1 Organisational policies, procedures and protocols are identified 3.2 Strategies for recognising and responding to family violence contexts are identified and practised 3.3 Reporting and referring procedures are identified and practised in consultation with relevant people 3.4 Review of efficacy of strategies, including self-care approaches, is undertaken in consultation with relevant people REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with clients, colleagues, management, and experts and stakeholders across a range of family violence contexts within the justice industry communication skills to articulate and share theoretical concepts and critical approaches to family violence contexts with colleagues and family violence practitioners problem-solving and negotiation skills to identify and respond to stakeholder requirements problem-solving skills to manage risk and contingencies writing and comprehension skills to obtain information from, and interpret documents, and to prepare and present reports organisation skills to prioritise, set and meet targets, milestones and schedules problem-solving skills to develop and practice self-care strategies communication and analytical skills to candidly seek feedback from others and apply to own practice Required Knowledge 124 Federal, State and local government legislative and statutory requirements and provisions relevant to family violence sector current local and international debates and theories on family violence relevant social theory and its application to the family violence within the justice industry relevant professional support organisations, individuals and practitioners within the family violence sector relevant ethics and privacy policies theories and debates on key concepts of, and approaches to, self-care general risk management planning and practices safe work practices Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20862: Work with family violence contexts within justice environments 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 in the performance criteria is detailed below. Legislative and statutory requirements and provisions may refer to: Victoria Police policies Family Violence Protection Acts civil jurisdiction criminal jurisdiction Protection orders Intervention orders procedures for Intervention Orders procedures for Safety Notices breaches of orders Specialist Courts and programs Criminal Law definitions of violence, such as: o physical harm o psychological harm o stalking o Federal, State and local Organisations may include: government legislation government bureaucracies, such as: o local government officers or elected officials o State government departments or Members of Parliament o Federal government departments or Members Support programs may refer to: of Parliament Non-Government Organisations (NGOs) Quasi Non-Government Organisations (QANGOs) not-for-profit agencies for-profit corporate sector professional sector networks work unit within a supra-organisation psychological services and professional listings Children’s Court clinic family violence services women’s legal services specialist court programs Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 125 VU20862: Work with family violence contexts within justice environments Current and historical local, national and international approaches, theories, and debates on family violence may include: Section C: Units of competency - Diploma definitions of family violence, such as: o gender based crime o behaviour by a person that causes a child to hear or witness or be exposed to family violence definitions of family violence client, such as: o those experiencing entrapment and coercive control perpetrated by a male intimate partner or former partner o those experiencing violence or coercive control perpetrated by: - child to parent - carer to person with disability - same sex partners o one family member dominating or controlling another family member o witnesses of family violence types of family violence impact of family violence on victims, such as: o children witnessing family violence considered as experiencing child abuse o cycles of coercions, power and control by perpetrators on victims o personal, social and structural barriers for victims o specialised Ideologies may refer to: groups targeted in family and domestic violence factors associated with social, cultural and economic background and their impact on family violence historical trends in family violence responses strands of feminist thinking and analysis about family violence current theoretical, political, economic, cultural, social, and technological developments extrapolated from global to local contexts myths about family violence range of hegemonic ideas and assumptions encompassed in common approaches, including: o best practice o effectiveness and efficiency o evidence-based practice o social inclusion/exclusion o risk management o attachment 126 models Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Diversity of clients’ experiences may refer to: VU20862: Work with family violence contexts within justice environments social structural causes and influence on personal problems, such as: o social and economic class o gender institutions o race o disability Complexity may refer to: material conditions dominant framing of normalcy and deviance ideological restrictions lack of power or opportunity experience of oppression awareness of limitations of the authority of experience application of critical theory to diversity discourse feminist postmodern ambivalence to identity politics understanding singular issues and interplay between issues, such as: o mental health o housing o living skills o legal o medical o rural o regional o Indigenous o migrant / Cultural And Linguistically Diverse (CALD) o age o disability o Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations o young people Organisational policies, procedures and protocols may refer to: approaches to: o risk management o service provision o case management o safety planning o referral o reporting o privacy, ethics and codes of practice o organisational approaches to best practice Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 127 VU20862: Work with family violence contexts within justice environments Section C: Units of competency - Diploma formal and informal decision making processes formal and informal policies accountability mechanisms organisational procedures mechanisms that ensure family violence response is coordinated and appropriate action and support is provided and monitored required resources, such as: o human resources, such as: - internal personnel - external personnel - expert assistance o physical o budgetary o relevant professional development o tools and resources that support rich and deep thinking about issues of family violence, such as: - access to research - alternative organisational models, processes and dynamics - action learning with peers and colleagues Strategies (for recognising and responding to family violence) may refer to: organisational processes, procedures and protocols indicators of family violence methods for identification of client needs appropriate responses to disclosure of violence by women and children assessment tools, such as: o interview guidelines o protocols o negotiation regarding practicalities of context support strategies communication strategies: o setting of boundaries o facilitating discussion o developing rapport with children o awareness of impact of own beliefs and attitudes on response o awareness 128 of influence of woman’s fear and powerlessness management of immediate and on-going risks safety procedures and issues relevant to context Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Reporting and referring procedures may refer to: Relevant people may include: Review may refer to: VU20862: Work with family violence contexts within justice environments law enforcement legal requirements organisational reporting systems record keeping privacy provisions suitability of destination recording procedures law enforcement requirements family violence support services, organisations and programs staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies feminist-informed women’s services and advocacy agencies Indigenous organisations Cultural And Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators key bureaucrats and politicians formal and informal feedback from: o client o colleagues o external agency o formal and feedback informal monitoring records self-reflection, including: o reflective journal Self-care approaches may refer to: self-care approaches that consider structural and institutional constraints Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 129 VU20862: Work with family violence contexts within justice environments Section C: Units of competency - Diploma recognition of contradictory and fragmented concepts of self 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: developing, practising and reviewing strategies, including application of legal requirements and effective responses, for managing family violence contexts knowledge of relevant legislation, provisions and regulatory requirements knowledge of theories and debates about family violence that inform contemporary practice and process Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment Guidance information for 130 access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and appropriate texts, policies and documentation training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of research project into theories and debates on cause and effect of family violence evaluation of research project into theories and debates on response strategies to family violence within Victorian criminal justice environment review of portfolio of research into the legislative framework for family violence in Victoria evaluation of project in developing and applying strategies for managing family violence contexts in own, or potential, job role oral and written questioning case studies presentations role play scenarios third party reports Holistic assessment with other units relevant to the industry sector, Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma assessment VU20862: Work with family violence contexts within justice environments workplace and job role is recommended. Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 131 VU20863: Work with culturally diverse clients within justice environments Section C: Units of competency - Diploma VU20863: Work with culturally diverse clients within justice environments Unit Descriptor This unit describes the skills and knowledge required to develop effective strategies for working with culturally diverse clients in a justice environment. It covers researching causes and effects of diversity and developing strategies to foster culturally inclusive practices within justice environments. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers within a range of justice environments who, in the course of their duties, work with and support people from culturally diverse backgrounds. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Concepts of culture and cultural identity are examined Review concepts of culture and of cultural diversity 1.2 Processes that originate, maintain and reinforce cultural identity are extrapolated 1.3 Development of Australian cultural identity is researched and debated 1.4 Ways in which cultural differences can create tensions between individuals and groups are investigated 1.5 Ways in which individuals, groups, society and institutions may precipitate cultural prejudice and discrimination in Australia are extrapolated 2. 132 Research the historical and contemporary contexts of culture and cultural groups in Australia 2.1 Historical and contemporary contexts of Aborigines and Torres Strait Islanders in Australian society are examined 2.2 Historical and contemporary contexts of immigration and migrants are examined 2.3 Historical and contemporary contexts of sub-groups, including those based around sexual /relationship diversity, youth, aging and ability, are examined Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma 3. VU20863 Work with culturally diverse clients within justice environments Develop strategies 3.1 Major legal and justice issues relevant to cultural groups are for culturally identified and debated inclusive practice in a 3.2 Research, theories, debates and models relevant to culturally justice environment inclusive practice are investigated and assessed to inform own practice 3.3 Definitions of cultural awareness, respect, cultural competence and security are delineated and evaluated against own responses and organisational requirements 3.4 Legislation and provisions, resources and services and that enable effective approaches to diverse clients are identified and assessed 3.5 Strategies are practiced and reviewed in consultation with relevant people and organisational requirements REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with clients, colleagues, management, and experts and stakeholders across a range of Justice environment contexts research skills to trace and evaluate the development of cultural identity and difference within Australian society and, in corollary, the Australian legal and justice system research and analytical skills to determine major issues and strategies relevant to developing inclusive practice within justice environments communication skills to articulate and share theoretical concepts and critical approaches to working with culturally diverse clients with colleagues and other practitioners interpersonal and communication skills to respectfully respond to needs of culturally diverse clients reflexive praxis to develop strategies for culturally aware and respectful behaviour problem-solving and negotiation skills to identify and respond to client and other stakeholder requirements writing and comprehension skills to obtain information from, and interpret documents, and to prepare and present reports organisation skills to prioritise, set and meet targets, milestones and schedules communication and analytical skills to candidly seek feedback from others and apply to own practice Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 133 VU20863: Work with culturally diverse clients within justice environments Section C: Units of competency - Diploma Required Knowledge relevant Federal, State and local government legislative and statutory requirements and provisions relevant social theory and its application to cultural diversity within justice environments current local and international debates, theories and models for working with culturally diverse clients general strategy planning and risk management informed by cultural inclusivity principles and practices relevant professional support organisations and individuals for culturally diverse clients within justice contexts relevant ethics and privacy policies general risk management planning and practices safe work practices 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 in the elements and performance criteria is detailed below. Culture and cultural identity may refer to: differences between individualist and collectivist societies society collective way of life customs traditions heritage habits mores likes and dislikes pervasive values about; o age o gender o ability o sexuality o family structures o religion o work o leisure o arts and entertainment o morals 134 sub-cultures within a culture that still remain recognisable as part of the dominant culture Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Processes that originate, maintain and reinforce may refer to: VU20863 Work with culturally diverse clients within justice environments hegemony cultural production through social institutions, such as: o media, - including: journalism cinema and television story-telling arts and entertainment o schools o family o architecture and town planning language beliefs, confirmed by experience, about human nature shared history lifestyle response to climate, geography and natural resources physiological evolution in response to climate, geography and natural resources development of accent and common language notions seeing particular ways of life as either: o intrinsic o instinctual o innate o natural o ingrained o deep-seated Australian cultural identity may refer to: / deep-rooted colonial origins as extension of Britain critical periods in Australian history that have shaped character and culture, such as: o origins of European settlement o convict and free settler migration o gold rush migration o depression o 20th century immigration o 20th century conflicts and war attitudes to First Peoples of Australia history of ethnically-based restrictions post-federation policies and legislations designed to create a Australian mono-culture (1901 – 1947) Impact and influence of post World War II increase in European immigration Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 135 VU20863: Work with culturally diverse clients within justice environments Tensions may refer to: Precipitate cultural prejudice [Ways in which individuals, groups, society and institutions may] may refer to: Section C: Units of competency - Diploma implications of notions of a ‘typical Australian’, including mateship, on past and present identity implications of notions of what is ‘un-Australian’ implications on national psyche of debates around ‘cultural cringe’ changing relationship with Britain as ‘mother country’ impact of globalisation individual incapacity around cultural difference individual prejudice towards cultural difference ethnocentricity prejudice fear discrimination negative stereotypes, attitudes, and behaviours homophobia xenophobia structural inequalities in the social, economic, health and legal contexts that disadvantage diverse sub-groups, based on: o being Aboriginal o sexuality o migrant background o age o youth o ability o social Aborigines and Torres Strait Islanders (historical and contemporary contexts of) may refer to: 136 and economic class repressive tolerance resistance to change fear of unknown patriotism nationalism impact of European invasion on First Peoples of Australia impact of colonisation on first peoples dispossession history of governmental and colonial racism disenfranchisement government protectionist policies 1788 to 1950s state control Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20863 Work with culturally diverse clients within justice environments stolen generations: o motivations and causes o implementation o outcomes assimilation theories and practices and their impact marginalisation and disadvantage in health, housing, employment and access to resources significant legislation and policy relating to issues, such as: o citizenship and suffrage o land rights: - Mabo - Wik ways in which personal, cultural, institutional and structural prejudice affect justice system outcomes for Aborigine and Torres Strait Islander people past and present legislative framework and precedents that reveal racism-based disadvantage for Aborigine and Torres Strait Islanders access to law and justice significance of major inquiries into the experiences of Aborigine and Torres Strait Islanders in relation to Australian justice system, such as: o Royal Commission in Aboriginal Deaths in Custody (Muirhead) Immigration and migrants (historical and contemporary contexts of) may refer to: opposition to land rights and rehabilitation programs Federal government Emergency Intervention in the Northern Territory mandatory sentencing reconciliation measures and provisions and their impact impact of White Australia policy and post-federation policies and legislation designed to create an Australian mono-culture reasons for intensive immigration programs post-World War II effects of post-World War II intensive increase in migrant population on Australian society past and present legislative framework and precedents that reveal racism-based disadvantage for migrants experiences of migrants, such as: o culture shock o settlement and integration o learning and using English o adapting to Australian social Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma norms, customs, values, 137 VU20863: Work with culturally diverse clients within justice environments Section C: Units of competency - Diploma structures and practices problems and barriers faced by migrants in accessing services, such as: o education o housing o legal system o language services o qualification recognition assimilation theories and practices and their impact lip-service to multiculturalism relevant Federal, State and local governmental legislation, regulations and provisions, such as: o international treaties o dedicated and conventions departments and portfolios o citizenship o racial vilification laws o human Sub-groups (historical and contemporary contexts of) may refer to: rights sub-groups, such as: o elderly o young people o people with disability o sexually diverse groups past and present structural inequalities in the social, economic, health and legal contexts that disadvantage diverse sub-groups past and present legislative framework and precedents that disadvantage diverse sub-groups legal contexts of homosexuality legal contexts of marriage, families and relationships history of services and access to services for people with disabilities marginalisation and disadvantage in health, housing, employment and access to resources assimilation theories and practices and their impact lip-service to multiculturalism negative stereotypes, attitudes, behaviours, such as: o homophobia o ageism o incapacity 138 around physical and intellectual disability community efforts towards inclusion of sub-groups into mainstream culture Federal, State and local governmental legislation, regulations Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20863 Work with culturally diverse clients within justice environments and provisions relevant to sub-groups and their inclusion Major legal and justice issues may refer to: social justice crime statistics for different groups over-representation of cultural groups in custody efforts to link certain crimes to ethnic groups interpretation of racial vilification legislation issues around migrants and Aborigine and Torres Strait Islanders in community justice contexts effects of cultural, political and economic globalisation on Australian society security impact and responses to International War on Terror, such as: o changes to: - criminal law powers of arrest powers of detention alleged offenders rights o fear-based individual, social and structural responses and attitudes approaches to asylum seekers causes and drivers of radicalisation / violent extremism, such as: o divisions, - such as: lack of integration ghettoisation polarisation internal community divides identity crises isolation weak community leadership/infrastructure o grievances, - such as: under-employment poor education political /democratic disenfranchisement discrimination foreign policy and international conflicts/disputes o narratives, such as: - ideological justifications - faith - political movements o means, such as: - socialisation, self-identification and indoctrination - social/family/criminal networks Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 139 VU20863: Work with culturally diverse clients within justice environments Section C: Units of competency - Diploma - vulnerable, risky institutions and places - vulnerable individuals - charismatic individuals Research, theories, debates and models may refer to: debates on cultural production and the development of ‘ingrained sense of superiority by some over others’, such as: o non-aboriginal over aboriginal o heterosexual over other sexualities o youth over age o age over youth o Anglo-Saxon Christian roots over other forms of culture and religion political and community opposition to multiculturalism responses to security requirements debates on the necessity and importance of recognising, respecting and working with difference definitions of social justice, such as: o all citizens being entitled to the same rights and services as each other definitions of culture and cultural inclusion types of cultural groups major inquiries and recommendations into experiences of Aborigine and Torres Strait Islanders of the Australian justice system historical trends in responses to culturally diverse clients current theoretical, political, economic, cultural, social, and technological developments extrapolated from global to local contexts counter-radicalisation strategies and means, such as: o holistic framework of social, political, legal, educational and economic programs designed to deter radicalised behaviour Organisational requirements may refer to: models and methods for working with culturally diverse clients in justice environments and contexts intercultural communication techniques cultural competence vision and mission purpose and values business planning, policies, procedures and processes approaches to: o service provision o risk management o referral 140 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20863 Work with culturally diverse clients within justice environments o reporting o privacy o professional development resource requirements and financial considerations legal and ethical requirements and codes of practice quality standards and continuous improvement processes OHS policies, procedures and programs customer / client satisfaction mechanisms that ensure responses to working with culturally diverse clients is co-ordinated and appropriate action and support is provided and monitored tools and resources that support rich and deep thinking about issues of cultural inclusion, such as: o access to research o alternative organisational o action Legislation and provisions, resources and services may refer to: models, processes and dynamics learning with peers and colleagues legislation specific to: o security o asylum o illegal seekers migration o relationships o immigration o racial vilification o citizenship o land rights o intervention government bureaucracies, such as: o Local government officers or elected officials o State government departments or Members of Parliament o Federal government departments or Members of Parliament Non-Government Organisations (NGOs) Quasi Non-Government Organisations (QANGOs) Not-for-profit agencies for-profit corporate sector professional sector networks work unit within a supra-organisation translation and interpreting services educational services housing services legal support Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 141 VU20863: Work with culturally diverse clients within justice environments Relevant people may include: Section C: Units of competency - Diploma staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies relevant services and advocacy agencies Indigenous organisations Culturally And Linguistically Diverse (CALD) organisations Gay, Lesbian, Bisexual, Transgender and Intersex (GLBTI) organisations disability rights agencies community legal centres regulators key bureaucrats and politicians 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: developing, practising and reviewing culturally aware, respectful and competent strategies for working with a range of clients from culturally diverse backgrounds knowledge of relevant legislation, provisions and regulatory requirements knowledge of theories, debates and models about cultural diversity and inclusion that inform contemporary practice and process Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: 142 access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and appropriate texts, policies and Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20863 Work with culturally diverse clients within justice environments documentation Method of assessment Guidance information for assessment training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of research project into theories and debates on cause and effect of prejudice and discrimination evaluation of research project into theories and debates on response strategies to people from culturally diverse backgrounds within a Victorian criminal justice environment review of portfolio of research into the legislative framework for multiculturalism in Victoria evaluation of project in developing and applying strategies for managing culturally diverse clients in own, or potential, job role oral and written questioning case studies presentations role play scenarios third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 143 VU20864: Work with conflict resolution and mediation processes within justice environments Section C: Units of competency - Diploma VU20864: Work with conflict resolution and mediation processes within justice environments Unit Descriptor This unit describes the skills and knowledge required to address conflict resolution processes and preparation for mediation requirements across a range of disputes within a range of justice environments. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers to address immediate and on-going needs of clients who require support in resolving disputes through resolution or formal mediation processes. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Principles of effective communication are researched, evaluated for effective application to justice environments, and practised Develop communication skills required for working in justice environments 1.2 Models of interpretation of non-verbal communication are delineated, analysed for application to justice environments, and practised 1.3 Presentation of documented and written communication is reviewed against justice environment requirements 2. Address conflict resolution and mediation processes within a justice environment 2.1 Models of conflict resolution are researched and analysed for application to justice environments 2.2 Models and systems for mediation are researched and analysed for application to justice environments 2.3 Parameters of own role in addressing conflict resolution and mediation processes are identified in consultation with relevant people 2.4 In consultation with relevant people, clients are assisted to undertake conflict resolution and/or mediation processes 2.5 Outcomes are recorded and work is reviewed in accordance with organisational requirements 144 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20864: Work with conflict resolution and mediation processes within justice environments REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with clients, colleagues, management, and experts and stakeholders across a range of justice environments communication skills to articulate and share theoretical concepts and approaches to conflict resolution with colleagues and mediation practitioners problem-solving and negotiation skills to identify and respond to stakeholder requirements problem-solving skills to manage risk and contingencies writing and comprehension skills to obtain information from, and interpret documents, and to prepare and present reports organisation skills to prioritise, set and meet targets, milestones and schedules communication and analytical skills to candidly seek feedback from others and apply to own practice Required Knowledge relevant Federal, State and local government legislative and statutory requirements and provisions relevant interpersonal communication theory and its application to the conflict resolution and mediation processes within justice environments relevant social theory and its application to conflict resolution and mediation processes within the justice industry relevant professional mediation support organisations, individuals and practitioners relevant drugs, alcohol, and mental health support organisations, individuals and practitioners relevant ethics and privacy policies theories and debates on key concepts of, and approaches to, self care general risk management planning and practices safe work practices 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 in the performance criteria is detailed below. Communication may include: interpersonal communications, such as: o definitions of o polarity successful interpersonal communication between understanding meaning and agreement o speaking to clarifying meaning o questioning and answering to clarify meaning Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 145 VU20864: Work with conflict resolution and mediation processes within justice environments o reflecting, o inference o point summarising and paraphrasing and implication of view o effective Section C: Units of competency - Diploma listening written communication, such as: o language and o format grammar and medium o organisational protocols and procedures for reporting and documenting information o graphic communication o e-communication Justice environments may include: Non-verbal communication may include: assertiveness stress management and self-care ethics and codes of practice barriers to communication socio-cultural factors that influence communication techniques to address diversity and complexity of client needs and backgrounds self-reflection on own barriers to communication self-reflection on own responses to conflict police corrections juvenile justice courts customs local government community justice centres community legal centres Legal Aid (Victoria) sending and receiving wordless messages body language gesture dress use of props/objects physical environment, such as: o temperature 146 etiquette and lighting Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20864: Work with conflict resolution and mediation processes within justice environments o architecture o impact of - Justice environment requirements (for written communication)may include: context of place, such as court police agency interview room waiting room social setting interpretation of the visual interpretation of auditory indicators of stress indicators of physical and/or intellectual disability indicators of drug and/or medication use barriers to accurate interpretation of non-verbal communication documentation protocols preparation of mediation notification/information documents reporting procedures, such as: o legal requirements o organisational reporting systems o record keeping o privacy provisions o suitability o law of destination recording procedures enforcement requirements referring procedures, such as: o health support services, organisations and programs o mediation and conflict resolution support services, organisations and programs Relevant people may refer to: staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 147 VU20864: Work with conflict resolution and mediation processes within justice environments Models and techniques for conflict resolution may include: Section C: Units of competency - Diploma women’s services and advocacy agencies Indigenous organisations Cultural And Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators key bureaucrats and politicians definitions of conflict theories and research on causation, development (escalation) and impact theories on personality typology approaches to conflict resolution, such as: o competitive o co-operative o informal negotiation o formal mediation o decisions about appropriate course of action in dispute o non-resolution clauses that stipulate progression to mediation strategies for recognising and responding to conflict occurrences, such as: o organisational processes, o communication - procedures and protocols skills, including: interpersonal non-verbal written self-reflection on own responses to conflict o ensuring fairness of procedure o indicators of stress and/or health issues o methods for identification of client needs o support strategies o communication strategies with clients that will encourage disclosure and resolution o management of immediate and on-going risks o safety procedures and o law 148 issues relevant to context enforcement Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Models and systems for mediation may include: VU20864: Work with conflict resolution and mediation processes within justice environments theories and research on forms and definitions of mediation / Alternative Dispute Resolution (ADR) differences between mediation, conciliation, and arbitration policies and procedures for when and how mediation is the appropriate course of action recognising and responding to unsuccessful mediation / ADR process, such as: o proceeding to litigation organisational policies and procedures for mediation, including: o history of disputes and dispute resolution o categories of disputes relevant to different justice environment/agencies relevant Australian standards stages of meditation process, such as: o determination of the nature of the dispute through: - separate interview and discussion - effective communication to determine position o information given to clients, such as: - boundaries for allowable options co-mediation needs and roles guidelines and procedures of the mediation process role of clients, mediator and justice organisation/agency in process - agreement by parties to proceed with mediation o preparation for mediation, such as: - key personnel and stakeholders informed - accurate and thorough record of issues - assessment of any need to seek advice on the legal or factual complexity of the matter - assessment of any court orders and/or associated risks - management of risks and safety procedures relevant to context Parameters of own role may refer to: degree of authority and responsibility in job role expectation of breadth and depth of role in conflict resolution occasions, such as: o immediate response and/or referral o managing stakeholders and Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma significant others 149 VU20864: Work with conflict resolution and mediation processes within justice environments Relevant people may refer to: Section C: Units of competency - Diploma expectation of breadth and depth of role in arranging and supporting mediation processes individual or team member role protocols and procedures for responding to clients in conflict with each other protocols and procedures for responding to clients in conflict with each you, other personnel, or your organisation protocols and procedures for referring clients protocols and procedures for arranging and/or preparing for mediation holding of qualifications/experience required to conduct formal conflict resolution and/or mediation holding of qualifications/experience required to assess health conditions legal requisites regarding qualification requirements to conduct certain functions within justice work access to resources staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies women’s services and advocacy agencies Indigenous organisations Cultural And Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators key bureaucrats and politicians Assisted (clients) may refer to: 150 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma preparation for mediation through: o analysis of dispute to determine best options and strategies Section C: Units of competency - Diploma VU20864: Work with conflict resolution and mediation processes within justice environments o provision of thorough and clear information o checking the information and process is understood o communicating to support clients in the provision of information o sourcing documented - factual information, such as: case documentation information from professionals information from service providers previous file records evidence that is permissible within the court system o supporting clients to consider all relevant information in order to work towards own decision o exercising discretion on procedural matters appropriate to client need and circumstance Reviewed may refer to: formal and informal feedback from: o client o colleagues o external agency o formal and feedback informal monitoring records formal organisational processes, such as o performance review o continuous improvement and quality assurance 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: applying written and oral communication strategies selected for relevance across a range of justice dispute resolution contexts planning for and reviewing conflict resolution and mediation processes within a range of justice contexts knowledge of models and systems of conflict resolution and mediation within the Victorian justice system knowledge of relevant legislation, provisions regulatory requirements and standards Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 151 VU20864: Work with conflict resolution and mediation processes within justice environments Method of assessment Guidance information for assessment Section C: Units of competency - Diploma access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and appropriate texts, policies and documentation training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of work-based project in following organisational procedure for conflict resolution and/or arranging and preparing for mediation evaluation of action learning project in communication skills and their application and efficacy across a range of justice environments evaluation of research project into models and strategies for effective conflict resolution and mediation systems oral and written questioning case studies presentations role play scenarios third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20862: Work with family violence contexts within justice environments o VU20863: Work with culturally diverse clients within justice environments 152 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20864: Work with conflict resolution and mediation processes within justice environments Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 153 VU20865: Apply management and leadership within justice environments Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments Unit Descriptor This unit describes the skills and knowledge required to apply principles and practices of management and leadership, including utilisation of organisation resources, to across a range of justice environments. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers who are involved in management and leadership of self and others in the support of strategic planning and social objectives of crime prevention and reduction as well as community safety, within justice organisations. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Models of organisational structures and functions are analysed for their relevance to justice environments Examine organisational structure within justice environments 1.2 Perspectives on organisational culture and behaviour are critically analysed for relevance to justice environments 1.3 Scope for individuals within organisational culture and decisionmaking structures is analysed and debated 2. Examine management and leadership strategies for application to justice environments 2.1 Theories of management and leadership are analysed and debated for their relevance to organisational requirements of justice environments 2.2 Internal and external systems and factors that may influence management approaches within justice environments are identified and discussed 2.3 Policies, procedures and strategies for continuous improvement, including change-management, are established and practised 154 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma 3. Develop management and leadership requirements for job roles within a justice environment VU20865: Apply management and leadership within justice environments 3.1 Personality, perceptions and attributes of self and others are considered in relation to decision-making capacity of current/potential job roles within justice environments 3.2 Communication and self-efficacy strategies applicable to justice environment organisational settings are determined and practised 3.3 Own role in team development and success is determined and practised 3.4 Strategies for managing resources, work priorities and contingencies are determined and practised 4. Review own performance 4.1 Feedback is sought from relevant people to inform reflective practice 4.2 Recommendations for continuous improvement are made and agreed upon in consultation with relevant people and according to organisational requirements REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, experts and/or external stakeholders across a range of relevant contexts within the justice industry communication and leadership skills to work within, and to develop, teams and team performance communication and leadership skills to reduce conflict, stress and to solve problems for self and others in a justice environment organisational skills to prioritise tasks , set and meet targets, milestones and schedules research and analytical skills to identify sources of information research and analytical skills to evaluate management and leadership models and strategies for application to justice environments writing and comprehension skills obtain information from, and interpret documents, and to prepare and present reports problem-solving skills to identify risks, contingencies and opportunities for improvement strategic and problem-solving skills to motivate commitment to change communication, analytical, evaluation skills to access data and seek feedback from others, and through reflective practice, to inform future practice Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 155 VU20865: Apply management and leadership within justice environments Section C: Units of competency - Diploma Required Knowledge principles and practice of management and leadership, including resource planning and job design general knowledge of organisational strategic directions and strategic planning contemporary models of organisational structures and functions contemporary theories and debates on organisational culture and behaviour and the resultant advantages and limitations on scope individuals within organisations general principles and practices of sustainability quality management and continuous improvement methodologies theories and models of team building motivational strategies time management strategies risk management strategies relevant Federal, State and local legislative and regulatory requirements and provisions safe work practices 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 in the elements and performance criteria is detailed below. Models of organisational structures may refer to: determinants of organisational structures differences between mechanistic and organic structures structures, such as: o vertical hierarchy o vertical supportive o horizontal controlled o horizontal autonomous o departmentalisation o silos job design processes, such as: o methods of communication and co-ordination particular to structures, such as: - vertical - horizontal o formal and 156 informal: communication channels decision making processes policies rules Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments - roles - relations - records o accountability mechanisms o formal and informal reporting policies and procedures o stakeholder management through communication policies and procedures o co-ordination and monitoring procedures o review procedures o resourcing Models of organisational functions may refer to: job role design to achieve organisational goals as they may be applied in the justice environment, such as: o levels of management o functions and responsibilities of managers o functions and responsibilities of those who are managed o degrees of responsibility and autonomy o delegation o work and performance planning o task scheduling o job simplification o job rotation o job sharing o professional development o formal and informal work groups relationship between organisational structure and design of personnel roles and responsibilities justice environment organisational audit functions and objectives, such as: o assessment of currency and relevance of staff skills and knowledge to work within justice environment o assessment of projected key priorities for justice environments o assessment of effectiveness and timeliness of key accountability and evaluative measures o identification o evaluation of governance strengths and weaknesses of personnel management processes people performance management, such as: o relationship o clarity between job design and organisational structure of job description o degree and role of delegation o planning, prioritising and scheduling Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma workload to suit justice 157 VU20865: Apply management and leadership within justice environments Section C: Units of competency - Diploma environment o expectations of teams and individuals performance and outcomes within justice environments o models and theories of team development and successful function o models and theories on key stages of team development o methods of strategic planning to achieve group performance expectations o management of cultural difference in fair decision-making o performance review for individuals and teams performance systems, such as: o reporting structures o record and procedures keeping o completion documentation o compliance policies and procedures o quality assurance policies and procedures o contingency o Key planning Performance Indicators (KPIs), such as: - quantifiable outcomes - set of key measurable performances that give best picture of how work is progressing in order to understand and manage it - measuring the process rather than measuring the endpoint so that corrective action is taken during the process - processes in place to meet long-term goals - sustainability Triple Bottom Line (TBL) reporting criteria skills, knowledge and attitudes to promote productive and healthy working lives, such as; o communication skills between individuals and teams o conflict resolution o stress management o risk management procedures Perspectives on organisational culture and behaviour may refer to: elements of organisational culture, such as formal and informal: o beliefs o norms o ideologies o artefacts 158 culture and performance conformity Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments apparent and implied messages about expectations organisational responses to non-conformity integration of organisation mission / vision changing culture mechanisms for review analysis of functional and dysfunctional organisational cultures application of range of critical theories that seek to uncover structural power inequalities and ideologies within organisations research and scholarly debates on organisational culture and behaviour, such as: o theoretical frameworks o programmatic frameworks o possible theoretical frameworks used to explain working of organisational strategies impact of managerialism, such as: o focus on outputs and efficiency measures o technocratisation o state control o as Scope for individuals may refer to: of professionalism and surveillance of workers a budget control mechanism approaches to job design, such as: o job simplification o job rotation o job enlargement o job enrichment capacity to influence job design decision-making models for individuals self-managed teams and decision-making organisational influences on: o creativity o problem-solving o job Theories of management may refer to: satisfaction impact of capacity of organisational structure and culture to embrace diversity of approach scientific administrative behavioural organisational / environmental participative Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 159 VU20865: Apply management and leadership within justice environments Section C: Units of competency - Diploma consultative autocratic democratic laissez-faire classical, contemporary and post-modern theories of management decision-making models FIVE Es goals and their strategic requirements for responding to justice clients and contexts, meaning: o Effectiveness - with a critique of scientific rationalist definitions - employing a political economy perspective o Efficiency - administrative, economic and target o Equity - justice, fairness, access and participation o Excellence - within a political economy perspective o Expansion - growing the resources, diversity and range of responses Theories of leadership may refer to: transformational leadership, such as the FOUR Is theory, meaning: o Idealised influence o Inspirational motivation o Intellectual stimulation o Individualised consideration concepts of leadership process of influencing others toward organisational goal achievement orientation and situational aspects of contemporary leadership models, such as: o delegation o coaching/mentoring o empowerment transactional leadership employee motivation sources and effects of power conventional power that influences contemporary leadership models, orientations and structures powers used by leaders to affect the behaviour of others, such as: o legitimate o reward 160 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments o coercive o experts o informational o referent Organisational requirements may refer to: vision mission overall strategic planning, goals and positioning operational policies and procedures and protocols, including approaches to working with clients, such as: o risk management o service o case provision management o safety planning o referral o reporting o privacy, ethics and codes of practice economic, social and environmental sustainability goals, initiatives, reporting and protocols sustainability management systems, procedures and practices business and performance planning organisational structure appropriate to strategic goals and vision legal and ethical requirements and codes of practice quality and continuous improvement processes and standards relevant legislative and regulatory requirements reporting procedures OHS policies, procedures and programs justice environment management systems, procedures and practices production/provision processes knowledge and Intellectual Property (IP) policies human resource management, including: o recruitment policies and procedures o professional development o industrial relations o employment terms o relevant Internal and external systems and factors may and conditions legislation and regulations legislation Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 161 VU20865: Apply management and leadership within justice environments refer to: Section C: Units of competency - Diploma community requirements funding bodies governance organisational autonomy skills of personnel working conditions industrial relations contingency planning and systems situational factors that influence ethical behaviour and principles for ethical management , such as: o advantages and limitations of organisational structure o advantages and limitations of internal communication and co-ordination functions o operations management methodology (system and approaches by which values is added through conversion inputs to outputs) Continuous improvement may refer to: Change-management may refer to: processes of quality assurance management of contingencies adjustments made to processes and procedures as a result of managing contingencies identification of forces of change critical analysis of attitude versus behavioural change programmes promotion of organisational acceptance of change, such as: o gaining and maintaining commitment to across range of stakeholders o motivational activities o promotion of change as supporting organisational goals and overall mission support strategies and systems that ensure relevant personnel have access to information and material needs to comply with change, such as: o education / training programs o strategies to gain and maintain commitment to change o strategies to ensure any resourcing needs are communicated expeditiously across organisation o strategies to encourage skills development required of change Personality, perceptions and attributes may refer 162 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma models and perspectives on role of personality analysis in organisational structures, recruitment and job design, such as: Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments to: o advantages and limitations of using personality type indicator testing in recruitment and job design o role of personality, perceptions, attributes in power relations and decision-making o discriminatory impact of labelling and assumptions about ability based on unchecked perceptions personality perceptions and attribute analysis theories and methodologies, such as: o personality type indicator o emotional systems intelligence o domains of emotional intelligence o learning styles advantages and limitations to developing skills in personality, perception and attribute analysis, in relation to justice organisational requirements, such as: o employee motivation o self-motivation o team building o self-efficacy o capacity to self-manage o dealing with diversity o dealing with complex o career o social development awareness o relationship o stress client needs management management application of emotional intelligence techniques/definitions, such as: o openness, conscientiousness, extraversion, agreeableness, and neuroticism o ability to detect and o using decipher emotions in self and others emotions to problem-solve o ability to comprehend vicissitudes and interrelationships of emotions o ability to manage or regulate emotions Communication strategies may include: in self and others interpersonal communication techniques, such as: o terminology o verbal or non-verbal language o accurately o two-way o active specific to applied practices interpreting non-verbal and verbal messages interaction listening Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 163 VU20865: Apply management and leadership within justice environments o questioning to Section C: Units of competency - Diploma clarify and confirm understanding o culturally inclusive and appropriate use of language and concepts o culturally o clear sensitive engagement techniques and concrete presentations of options o seeking o giving feedback feedback o assertiveness o negotiation o electronic skills communication protocols for sharing information o strategic planning team skills building trust, respect, reliability and co-operative relationships across relevant people within, and external to, the justice organisation conflict resolution strategies, such as: o analysis of causes of conflict o analysis of stages of conflict o development Self-efficacy strategies may refer to: of specific strategies to manage conflict organisational communication techniques stakeholder management through communication formal and informal communication channels and strategies provision of education and training programs review of own personality, perception and attributes ability to make judgements about courses of actions to deal with prospective situations realistic and achievable goal setting management of work and/or workload: o resources o task priorities o contingencies assertiveness strategic problem-solving time management capacity to influence mental and emotional skills that support personal workplace performance, such as: o motivation o self-esteem o recognition 164 of symptoms of anxiety/stress Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments o stress management within a justice environment, such as: - analysis of triggers and signs of stress in self and others - development of strategies to effectively deal with stress - implementation of strategies - monitoring and review of strategies o fear management o confidence o awareness and control o concentration o relaxation o visualisation o reflective practice, such as: - goal setting - self-talk - handling feedback o maintaining effective communication with relevant support staff Team development and success may refer to: conceptual approaches to team development and team leadership models of stages in group development strategies that ensure success, such as: o team system o equal and respectful participation and contribution o awareness of impact of own and others’ personality, perceptions and attributes o motivational strategies o risk management o training in, and application of, communication practices, such as: - emotional intelligence - team psychology - human behaviour - sociology and sociological impacts on individuals and teams o strategic approaches to: - developing team system defining roles within a team identifying strengths of team members diversity and cultural protocols shared decision-making shared problem-solving, such as: focusing on problem rather than individuals involved canvassing all points of view within group developing opportunities for all participants to Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 165 VU20865: Apply management and leadership within justice environments Section C: Units of competency - Diploma contribute meaningfully to the process - reaching consensus - building trust - providing feedback on team performance to teams members and external stakeholders Resources, work priorities and contingencies (strategies for) may refer to: 166 resourcing, such as: o human, including: - internal personnel - external personnel - expert assistance - recruitment processes o physical o policies and procedures for resource acquisition, such as: - legislative and regulatory compliance - relevant Australian and international standards - organisational policies for purchasing and procurement - environmental auditing - financial auditing - budgetary requirements - risk management - quality assurance - OHS o resource management formal policies, procedures and methodologies for meeting immediate and long-term resource needs, that may involve: - human resourcing tools and systems, including: professional development industrial relations management recruitment policies and procedures employment terms and conditions compliance with relevant legislation and regulations - E-management tools and systems - procurement - Standard Operating Procedures (SOPs) - resourcing Key Performance Indicators (KPIs) work prioritising, such as: o scheduling, including: - long-terms targets and milestones - short-term targets - timeframes - work breakdown structure - critical path management o cumulative and discrete schedules o time management o delegation Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments Relevant people may refer to: Reflective practice may refer to: contingency strategies, such as: o risk and contingency planning o stress management o delegation o processes for improvement management colleagues clients customers stakeholders experts industry professionals planners advisors consultants regulators policy makers theoretically informed practice where future decisions are made using information gained through monitoring own performance 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: determining, developing, practising and reviewing leadership and management skills appropriate to justice environment requirements within parameters of current/potential job roles knowledge of models and styles of management and leadership appropriate to particular justice environment structures and functions knowledge of relevant legislation, provisions and regulatory requirements Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and appropriate texts, policies and Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 167 VU20865: Apply management and leadership within justice environments Section C: Units of competency - Diploma documentation Method of assessment Guidance information for assessment 168 training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of research project into management and leadership styles and models of contemporary justice environments evaluation of project on application of emotional intelligence theory to current/potential job roles evaluation of critical analysis of types of organisational structures within justice environments evaluation of work-based project on development and implementation of management and leadership strategies in justice environments evaluation of project in developing and applying strategies managing change in justice environments oral and written questioning case studies presentations role play scenarios third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma VU20865: Apply management and leadership within justice environments Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 169 VU20866: Apply Australian Border Force law enforcement processes within justice environments Section C: Units of competency - Diploma VU20866: Apply Australian Border Force law enforcement processes within justice environments Unit Descriptor This unit describes the skills and knowledge required to apply the law enforcement requirements of the Australian Border Force, the Customs Act and related legislation, including the processes and procedures. It also includes an examination of the function of the Australian Border Force. The Australian Border Force is the key agency protecting Australia’s borders, performing a vital role in supporting and protecting the safety, security and commercial interests of Australia. The Australian Border Force facilitates legitimate trade and travel, prevents the illegal movement of people and harmful goods across Australia’s borders, and collects border revenue and trade statistics. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers working across a range of functions and responsibilities within the Australian Border Force within justice industry parameters and framework. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. Examine the role of the Australian Border Force 1.1 Australian Border Force community protection role of frontline, coast watch and border protection is delineated 1.2 Border controls over passengers, crew, goods, vessels and aircraft are investigated 1.3 Relationship of Australian Border Force to other law enforcement agencies and to trade is analysed 1.4 Australian Border Force links to United Nation protocols and conventions and World Trade Organisation functions are examined and evaluated 170 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma 2. Review the legislative authority and application of the Customs Act 1901 within a justice environment 2.1 2.2 2.3 2.4 3. Determine and apply risk management in Australian Border Force contexts 3.1 3.2 3.3 VU20866: Apply Australian Border Force law enforcement processes within justice environments Legislative authority of the Customs Act, and legislative relationship with other State and Federal acts that support it are examined Major offences in the Act and related legislation are identified Border Force investigations operational methods, tools and technology and key links with State and Federal police forces are examined Key Commonwealth legislation relating to Border Force are applied to legal disputes and breaches through Victorian court system Risk management principles and practices are examined relation to customs services operations Risk assessment strategy in the movement of cargo and passengers is examined and applied Steps in the Border Force risk management operational cycle are identified, applied and reviewed for continuous improvement REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with clients, colleagues, management, and experts and stakeholders across a range of Border Force requirements within the justice industry problem-solving and negotiation skills to identify and respond to stakeholder requirements problem-solving skills to manage risk and contingencies problem-solving and operational skills to facilitate passenger movement and control technical and strategic skills to use tools and technologies for border control, anti-terrorism and detection of illicit articles at border control points. writing and comprehension skills to obtain information from, and interpret documents, and to prepare and present reports organisation skills to prioritise, set and meet targets, milestones and schedules Required Knowledge relevant Federal, State and local government legislative and statutory requirements and provisions, such as: o Commonwealth Legislation relating to border protection o Customs Act (1901) o Australian Federal Police Legislation o Immigration legislation powers, functions and legal duties of the Australian Border Force approaches to terrorism and counter-terrorism strategies and programs prohibited imports and exports Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 171 VU20866: Apply Australian Border Force law enforcement processes within justice environments Section C: Units of competency - Diploma role of Australian Federal Police and the Department of Immigration and Border Protection, and Biosecurity Australia in relation to Border protection risk management provisions for Australian airports and ports categories of Border Force risk management economic and financial focus of the Australian Border Force multi-agency approaches to border protection safe work practices 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 in the performance criteria is detailed below. Australian Border Force includes: managing the security and integrity of Australia’s border facilitating the movement of legitimate travellers and goods across the border detecting the movement of illicit drugs across Australia’s borders (including methods of concealment) and effecting arrests of culprits detection of materials and persons involved in terrorist activity or planning collection border related duties and taxes Collection of Australian Bureau of Statistics data strengthening the security of the international supply chain to facilitate trade for Australian business improving enforcement of border or border protection related laws, particularly in relation to drugs and chemical precursors, through methods, such as: o intelligence for law-enforcement purposes o information for law-enforcement purposes supporting whole-of-government initiatives, such as: o Border controls may include: Law enforcement agencies 172 Australia’s overseas aid programs regulate immigration (both legal and illegal) control the movement of passengers, crew, goods, vessels and aircraft execute the customs functions such as collecting duty and excise taxes prevent smuggling of drugs, weapons, endangered species and other illegal or hazardous material assist in the control of exotic pests and the spread of human or animal diseases Australian Federal Police Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma may include: VU20866: Apply Australian Border Force law enforcement processes within justice environments Australian Protective Services Australian Taxation Office Australian Crime Authority Biosecurity Australia Australian Fisheries Management Authority Australian Competition and Consumer Commission CrimTrac Agency Victoria Police Various Security Agencies government departments, such as: o Department of Immigration and Border Protection o Defence Department o Attorney-General’s Dept. o Australian Security Intelligence Organisation o Australian Government Solicitor o Australian Transaction Reports and Analysis Centre o United Nation Protocols and Conventions include: World Trade Organisation functions may refer to: Department of Infrastructure & Transport o Dept. Foreign Affairs & Trade o Dept. Industry & Science o Australian Communications and Media Authority o Department of Agriculture, Fisheries and Forestry o Department of the Environment, State and Territory agencies International Law Enforcement Agencies such as: o Interpol o Federal Bureau of Investigation (FBI) United Nations Convention Against Transnational Organised Crime and supplementary protocols, such as: o protocols to prevent, suppress and punish trafficking in persons, especially women and children o protocols against the smuggling of migrants by land, sea and air o protocols against the illicit manufacturing and trafficking in firearms, their parts and components and ammunition World Trade Organisation (WTO) deals with the global rules of trade between nations. Ensures: o smooth, predictable and free as possible flow of trade Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 173 VU20866: Apply Australian Border Force law enforcement processes within justice environments Section C: Units of competency - Diploma between nations o monitors policies and regulatory requirements International trade law The Customs Tariff Act and the use of the Tariff in border protection Legislative authority of the Australian Border Force Act (2015) and Customs Act (1901) covers: 174 co-operation between trade nations facilitation of trade protection of Australian borders geographical location of entry points into Australia control of movement of passengers and cargo identification of prohibited imports and exports identification of methods used to conceal prohibited imports and exports technology applicable to border protection tools and technology applicable to counter-terrorism legal powers to: o search cargo and packages o search persons – frisk, external, internal o examine o seize o question o arrest o patrol o carry weapons and Use of Force powers to control, monitor and regulate the movement of people in and out of Australia powers to control, monitor and regulate the import and export of goods and services Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Customs Act refers to: Major offences include: Australian Border Force investigations may involve: VU20866: Apply Australian Border Force law enforcement processes within justice environments Australian Customs Act 1901 and its revisions key Commonwealth legislation importation of illegal weapons importation of precursor drugs importation of dangerous goods – including consumer goods and explosives; importation of performance and image enhancing drugs (PIEDs) importation of offensive publications, including child pornography wildlife smuggling commercial fraud money laundering anti-dumping Illegal immigration people smuggling terrorism officer corruption and abuse/misuse of powers applicable indictable offences Breaches of Australian border controls, associated proceeds of crime and offences against Border Protection legislation, such as: o illegal movement and possession of prohibited and restricted goods across the Australian border, such as: Border Controlled Precursors used to make narcotics performance and image enhancing drugs native and exotic wildlife firearms, ammunition and other weapons objectionable publications such as child pornography defence and strategic goods goods of concern to Consumer Safety and Community protection o illegal immigration (including Refugees); o smuggling and the evasion of Customs duty including tobacco and cigarette smuggling; o proceeds associated with breaches of border controls, such as: Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 175 VU20866: Apply Australian Border Force law enforcement processes within justice environments Section C: Units of competency - Diploma cash property o Tools and technology may include: Key Commonwealth legislation may include: 176 vehicles threat to, and assault of, officers undertaking duties under Border Force legislation issuing and execution of warrants methods and tools used to counter terrorism basic and advanced investigative methodology including: o computer technology o surveillance (covert and overt operations) o coastal and marine surveillance – air, sea, satellite o liaison and co-operation within Australia and Internationally body scanners e-Passports biometric scanners CCTV trace particle detectors radiation detection computer forensics systems neutron cargo scanners detector dogs Remote controlled submersibles personal protective equipment (PPE) Anti-Money Laundering and Counter Terrorism Financing Act Australian Postal Corporation Act 1989 Aviation Transport Security Act 2004 Commonwealth of Australian Constitutions Act 1901 Commerce (Trade Descriptions) Act 1925 Copyright Act 1968 Crimes Act 1944 Customs Act 1901 Customs Regulation 1926 Customs Administrative Act 1985 Customs Tariff Act 1995 and related legislations Environment Protection and Biodiversity Conservation Act 1999 Fisheries Management Act 1991 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Risk management principles and practices may include: Steps in customs risk management may include: VU20866: Apply Australian Border Force law enforcement processes within justice environments Migration Act 1958 Work Health and Safety Act 2011 (Federal) The Occupational Health and Safety Act 2004 (Victoria) Passenger Movement Charge Act 1978 Privacy Act 1968 Proceeds of Crime Act 2002 Public Service Act 1999 Quarantine Act 1908 Note: The new Biosecurity Act 2015 will commence on 16 June 2016, 12 months after royal assent, replacing the Quarantine Act 1908 Trademarks Act 1995 restricted import legislations under various acts, such as: o illicit substance o pornographic material o counterfeit – all types o firearms/explosives o chemical weapons Other related laws of the Commonwealth involvement of multi-agency partnerships working with other Federal and State law enforcement agencies provisions of the Australian Standards as per the AS/NZS ISO 31000:2009 – Risk Management principles and guideline goals setting establishment of roles and responsibilities establishment of risk context risks identification risks analysis risks level estimation risk level evaluation risks treatment monitoring and review Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 177 VU20866: Apply Australian Border Force law enforcement processes within justice environments Section C: Units of competency - Diploma 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: applying Commonwealth legislation relevant to Australian Border Force jurisdiction to legal disputes and breaches within Victorian court system implementing risk management strategies in relation to border protection knowledge of Australian Border Force systems and operations knowledge of models and systems for risk management within the Australian Border Force knowledge of relevant legislation, provisions regulatory requirements and standards Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment 178 access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and provisions that apply to border protection law enforcement processes training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of an action learning project in the application of key legal provisions of the Customs Act in addressing legal disputes and breaches evaluation of a work-based project in border protection risk management processes and strategies evaluation of a research project in the legislative powers of the Customs Act and their application oral and written questioning case studies presentations role play scenarios third party reports Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency - Diploma Guidance information for assessment VU20866: Apply Australian Border Force law enforcement processes within justice environments Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 179 VU20867: Support policing processes within justice environment context Section C: Units of competency - Diploma VU20867: Support policing processes within justice environment contexts Unit Descriptor This unit describes the knowledge and skills required to support the functions, structures and powers of police and other enforcement and supporting agencies for application to emergency responses within justice contexts. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers responsible for working with police, other enforcement and supporting agencies when responding to emergencies, including prescribed criminal activity, within justice environments. Typically, practitioners require a solid working knowledge of the functions, structures and powers of policing in Victoria in order to appropriately address issues related to emergencies. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Origins and historical development of the Victorian and Australian police forces are examined Investigate the history and accountability of policing in Australia 1.2 Ethical conduct and accountability of police and the impact of policing behaviour on community are investigated and discussed 1.3 Role of State government in current policing practices and procedures is investigated 2. Analyse the structural functions and powers of policing in Victoria 2.1 Organisational structure of policing organisations is examined 2.2 Contemporary role and functions of police and policing in the enforcement of the law and within the criminal justice system are examined 2.3 Functions and powers of public, community and private policing are identified and conceptual differences, impact on community and effectiveness are debated 3. Analyse the role of police in an emergency 3.1 Concept of emergency and aims of an emergency management plan are outlined 3.2 Functions of, and relationships between, governmental and non-governmental emergency management agencies are delineated 3.3 Functions of the police and supporting agencies in addressing emergencies are reviewed 180 Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency – Diploma 4. Review own support role in relation to policing practice VU20867: Support policing processes within justice environment contexts 4.1 Processes and procedures for dealing with emergency, in preparation for police to take over, are delineated 4.2 Own role in emergency processes and procedures is determined applied in accordance with organisational and legislative requirements 4.3 Own performance in applying emergency processes and procedures is reviewed in consultation with relevant people REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant specialist personnel under direction, independently, or within a team interpersonal and organising skills to engage with formal support mechanisms for addressing emergencies within context of own role in justice environments analytical and problem-solving skills to apply ethical approaches to dealing with emergencies in justice contexts problem-solving and operational skills to access police and policing resources to expedite justice outcomes procedural and problem-solving skills to manage emergencies, such as: dangerous situations, events and /or crime scenes, prior to arrival of police or policing agency communication, assertiveness and problem-solving skills to manage clients with special needs in emergency situations problem-solving skills to manage risk and contingencies writing and comprehension skills to obtain information from, and interpret documents, and to prepare and present reports communication and analytical skills to candidly seek feedback from others and apply to own practice Required Knowledge relevant Federal, State and local government legislative and statutory requirements and provisions general historical development of Victorian and Australian police and other law enforcement agencies policing structures, operational deployment, policing policies and processes of law enforcement agencies legislated policing powers and roles within investigative, adjudicative and public maintenance components of the criminal justice system emergency management processes, policy and legislation applicable to policing in Victoria risk management processes and procedures safe work practices Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 181 VU20867: Support policing processes within justice environment context Section C: Units of competency - Diploma 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 in the performance criteria is detailed below. Origins and historical development may refer to: Ethics and accountability of police may refer to: definitions of ‘police’ origins of public and private police historical development of policing in Australia formation of Australian police forces function of early policing structure of early policing Sir Robert Peel’s influence on the objectives and structure of a modern police organisation ethics and accountability of police, such as the charge to: o act with care and diligence when on duty o know and comply with all legislation, policies, procedures and guidelines that relate to policing duties o treat everyone with respect, courtesy and fairness regardless of race or creed o comply with the law whether on or off duty o take steps to avoid conflicts of interest, report those that cannot be avoided and co-operate in their management o only access, use and/or disclose confidential information if required by his/her police duties and authorised by legislation and force policy o not make improper use of his/her position or police information or resources o report the misconduct of police officers and other law enforcement agents o be accountable to legal processes o conduct Role of State Government may refer to: 182 interrogations according to police procedure consequences of unethical political behaviour police management priorities reflecting government policies or political interest government funding prioritisation of police functions deployment of policing organisations, such as: o Fisheries officers o Protective Service Officers (PSOs) o camera car operators o Transport Authorised Officers o Environment Protection Agency (EPA) inspectors o Workcover inspectors Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency – Diploma VU20867: Support policing processes within justice environment contexts separation of powers, may include: o Governance of a state distributed across three branches, with specific functions relative to law and law enforcement: - the Executive executes laws - the Legislative makes laws - the Judicial interprets laws Organisational structure (of policing organisations) may refer to: Victorian Police structure versus private police structure types of structure, such as: o current (police service versus police force) o traditional o symbolic chain of command and disciplined structure (para-military) structure and responsibilities dictating various functions police organisations, such as: o Public police (community interest) - State sworn police officer - Federal sworn police officers - Authorised officers, such as: PSOs VicRoads enforcement officers Fisheries transport o Private police (commercial Role and functions of police and policing may refer to: interest) - security organisations - private agents - private investigators - private security providers - private security companies Office of Constable - ethical responsibilities and duties of sworn members public police functions, such as: o policing legislation o public order maintenance o powers of police in exercising their duties o emergency management role o general public service duties, such as: - licensing - welfare service deliveries o legal power to investigate crime o plain clothes versus uniform police Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 183 VU20867: Support policing processes within justice environment context Section C: Units of competency - Diploma o police discretion private police functions, such as: o securing capital o regulation o crowd o asset of labour control protection o powers of private police o support in emergency o preliminary o clear investigation in internal/organisational crime commercial connection to requirements to clients policing legislation and Common Law powers of police in exercising their duties proactive and reactive policing best practice policing gate keeping of criminal justice system reporting and information gathering crime prevention political functions, such as: o use Public, community and private policing may include: management of Protective Service Officers on public transport structure and responsibilities dictating various functions distinction between police force and police service legislative powers community policing client focus commercial connections contractual connection reliance on force Conceptual differences may refer to: concept of ‘user pays’ and its impact on the traditional relationship between the citizen and the criminal justice system Concept of emergency may include: According to the Emergency Management Act 1986 and 2011 amendment: 184 ‘an emergency due to the actual or imminent occurrence of an event which in any way endangers or threatens to endanger the safety or health of any person in Victoria or which destroys or damages, or threatens to destroy or damage, any property in Victoria or endangers or threatens to endanger the environment or an element of the environment in Victoria including, without limiting the generality of the foregoing- Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency – Diploma VU20867: Support policing processes within justice environment contexts a) an earthquake, flood, wind-storm or other natural event; a fire; and b) an explosion; and c) a road accident or any other accident; and d) a plague or an epidemic or contamination; and e) a warlike act or act of terrorism, whether directed at Victoria or a part of Victoria or at any other State or Territory of the Commonwealth; and f) a hi-jack, siege or riot; and g) a disruption to an essential service; State and Federal responsibility, such as: o emergency management means the organisation and management of resources for dealing with all aspects of emergencies Emergency management plan may include: management and organisation of the prevention, response, and recovery phases of emergencies, involving all relevant government and non-government agencies based on definitions of an emergency policies and procedures of emergency services agencies, such as: o Country Fire Authority o Metropolitan o Victoria o any Fire and Emergency Services Board State Emergency Service Authority other prescribed agency o agency primarily responsible for responding to the emergency Governmental and nongovernmental agencies may refer to: State Emergency Response Plan State Emergency Recovery Plan role and responsibilities of State Emergency Response Coordinator role and responsibility of State Emergency Recovery Coordinator role and responsibilities of responsible agencies any corporate or unincorporated body constituted by or under any Act for a public purpose any member or officer of such a body any person in the service of the Crown in Victoria, whose function, power, duty or responsibility is conferred by or under any Act functions of Victoria Emergency Management Council Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 185 VU20867: Support policing processes within justice environment context Section C: Units of competency - Diploma Coordinator in Chief of the Victorian Department of Justice lead and support agencies State Emergency Response Plan National Emergency Management Plan non-government agency, such as: oa voluntary organization o any other person or body o volunteer emergency worker who engages in emergency activity upon request o other than a government agency o private sector emergency o community Functions of police and supporting agencies (in addressing emergencies) may include: 186 run emergency services declaration of emergency area powers of police in respect of emergency area offences under the act immunity for volunteer emergency workers declaring ‘state of disaster’ area power of the minister during ‘state of disaster’ declaration in force control of response to major fires or fires control of emergency responses other than fire civil defence, such as: o Processes and procedures may include: services the performance of humanitarian tasks intended to protect the civil population of Victoria against the dangers of, and to help it recover from, the immediate effects of a war-like act concept of ‘Aid to the Civil Community’ as defined in the Defence Force Act entry in State Disaster Registry and inquiry system functions of non-governmental agencies, such as: o to assist in crowd control o to assist in protection of asset o as directed by the combating agency take control establish a control facility establish and maintain a control structure assess situation and determine priorities develop control plan implement control plan Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency – Diploma Organisational requirements may refer to: Legislative requirements may include: Relevant people may include: VU20867: Support policing processes within justice environment contexts conclude emergency activities review emergency activities powers in respect of emergency area identifying agencies which are primarily responsible for responding to the emergency coordinating the activities of support agencies specifying the roles of agencies specifying the roles and responsibilities of coordinators defining emergency response regions approaches to risk management resource requirements and financial considerations legal and ethical requirements and codes of practice quality standards and continuous improvement processes OHS policies, procedures and programs Emergency Management Act 1986 Emergency Management Regulations 2003 State Emergency Response Act 2005 Victoria State Emergency Service Act 2005 staff colleagues clients management community representatives experts advisors sector professionals consultants relevant services agencies regulators key bureaucrats and politicians 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate A person who demonstrates competency in this unit must provide evidence of: applying of processes and procedures for initial response to Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 187 VU20867: Support policing processes within justice environment context competency in this unit Context of and specific resources for assessment Section C: Units of competency - Diploma emergencies prior to arrival of police and/or policing agency knowledge of roles and functions of police and emergency services in emergency management knowledge of relevant legislation, provisions, regulatory requirements and standards in the justice context Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment Guidance information for assessment 188 access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and provisions, policing policies and processes of law enforcement agencies training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project in emergency management within parameters of current/potential job roles within justice environments evaluation of research project into history of police and policing in Australia review of portfolio of research into emergency management and conceptual and functional differences of private and public policing in Victoria practical exercises in emergency situations oral and written questioning case studies presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma Section C: Units of competency – Diploma VU20867: Support policing processes within justice environment contexts Document1: 22199VIC Certificate IV /22197VIC Dip /22200VIC Adv. Diploma 189 VU20851: Apply research techniques within justice contexts Section C: Units of competency - Adv. Diploma VU20851: Apply research techniques within justice contexts Unit Descriptor This unit describes the skills and knowledge required to apply research methodologies appropriate to specific justice context/s. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers, across a range of justice environments, responsible for applying appropriate research methodologies to projects and/or issues in order to make recommendations, offer solutions or promote change. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Purpose and limitations of research within justice contexts is analysed and debated Determine requirements for research within justice contexts 1.2 Models and theoretical perspectives on research methodologies are delineated and evaluated for suitability to justice contexts 1.3 Organisational policies and procedures for conducting research, collecting and maintaining data are identified 1.4 Opportunities for research are identified and hypotheses formulated 1.5 Research proposal is developed and scoped in consultation with relevant people 2. Conduct research 2.1 Methodology suitable to purpose is determined and resources attained 2.2 Literature is critically analysed 2.3 Instruments are developed, assessed for usability and validated in consultation with relevant people 2.4 Ethics and legal requirements are identified and addressed 190 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma 3. Critically analyse and report findings VU20851: Apply research techniques within justice contexts 3.1 Research findings and results are reviewed against research proposal objectives 3.2 Research outcomes are critically analysed, recommendations and conclusions developed and documented 3.3 Research outcomes are documented and presented according to organisational and referencing requirements 3.4 Efficacy of research methodology is reviewed to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant experts and/or external stakeholders across a range of relevant contexts research and analytical skills to identify sources of information critical analysis skills to evaluate information organisational skills to maintain data collection systems analytical skills to develop and test the validity of research instruments project management and organisational skills to prioritise, set and meet targets, milestones and schedules research and analytical skills to evaluate research methodologies for application to justice environments research skills to prepare research instruments, writing skills to prepare and present reports problem-solving skills to identify risks, contingencies and opportunities for improvement strategic and problem-solving skills to motivate commitment change analytical, evaluation skills to access data and seek feedback from others to inform future practice Required Knowledge general models and perspectives on research methodologies role and functions of evidence-based research within justice contexts American Psychological Association (APA) referencing system ethical principles and codes of practice for conducting research within justice contexts project management methodologies general principles and practices of sustainability relevant Federal, State and local legislative and regulatory requirements and provisions risk management strategies safe work practices ©State of Victoria 2012 191 VU20851: Apply research techniques within justice contexts Section C: Units of competency - Adv. Diploma 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 in the performance criteria is detailed below. Purpose may include: role and functions of research within justice contexts evidence-based research to inform and practice within justice environments collection of data to assist informed decision making, planning or risk management research to promote reform and development of legislation and/or policy relevant to justice industry sector research into trends, statistics and issues relevant to: o specific justice agencies o criminal justice system o criminal law o civil law o administrative law data and information relating to strategy, policy, practices, or work processes developed and implemented by an justice organisation, such as: o creation of indices o creation of comparative scales o process development o change management technique or strategy o formation of solutions to complex problems o information - Justice contexts may refer to: 192 and analysis of: impact of new policies/legislation impact of new processes potential application and impact of new process legislation development information and analysis to conduct a strategic or community campaign, activity or advocacy information and analysis to conduct industrial relations bargaining relationship or relevance of a theory, principle or practice to an immediate practical problem, issue or to test a proposed solution policing corrections juvenile justice courts ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Research methodologies may refer to: VU20851: Apply research techniques within justice contexts specialist courts customs local government community justice family violence mediation corrections community justice agencies community legal agencies Legal Aid (Victoria) qualitative or quantitative research strategies pre-existing research instruments naturalistic methodologies action research steps in process of research considerations of: o advantages o ethical and limitations of different methodologies values o professional conduct o using research to achieve particular outcomes o reliability o quality and validity of research o research strategies, such as: o data analysis, such as: - statistical analysis - review of previous research - data sampling o documentation o focus reviews groups o interviewing o online colleagues and clients searching using techniques, such as: - Boolean operators - key words and phrases o databases Collecting data may include: ©State of Victoria 2012 collaboration with other experts or mentors desk research document research field study 193 VU20851: Apply research techniques within justice contexts Maintaining data may include: Section C: Units of competency - Adv. Diploma observation physical items analysis interviews questionnaires surveys suitable technology, such as: o communication technology and networks o databases and the use of spreadsheets, graphs, trend and time series, and mathematical equations o hardware and Hypotheses may include: Research proposal may include: software conceptual or operational proposition or explanation that will be tested through the conduct of the applied research an existing belief that requires confirmation through research statement of anticipated outcome purpose / proposition timeframe methodology, approach and procedure hypotheses / key research questions expected value of research to issue/purpose variables participants data collection methods sources of information, such as: o primary o secondary resources, such as: o apparatus and materials o technology o personnel o experts o components required o design specifications o infrastructure o monetary o physical o technical manuals o samples 194 methods for results analysis and summary ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Scope may refer to: VU20851: Apply research techniques within justice contexts implications project management methods, such as: alignment to organisational planning personnel responsibilities communication strategies resource allocation timelines targets and milestones completion of key tasks and project phases monitoring, review and reporting agreed reporting requirements progress reports final report contributors, such as: o individuals and groups both inside and outside the organisation who have some direct interest or expertise in relation to the applied research or who provide data Relevant people may include: ©State of Victoria 2012 staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies women’s services and advocacy agencies Indigenous organisations Cultural And Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators key bureaucrats and politicians 195 VU20851: Apply research techniques within justice contexts Resources may include: Literature may include: Critical analysed may refer to: Section C: Units of competency - Adv. Diploma budget personnel literature organisational policies, procedures and journals archives electronic databases interest research library research media publications industry associations industry publications conference proceedings experts workplace documentation questioning evaluating making judgements finding connections categorising identifying problems and solutions making comparisons stating an argument and supporting it with evidence relating theory to practice application of range of critical theories, that seek to uncover social structural power inequalities and ideologies, such as: o feminism o neo-Marxism o queer theory o structural o work of race theories the Frankfurt school of social enquiry application of theories on social structural causes and influence on personal problems, such as: o social and economic class o gender institutions o race 196 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Instrument may refer to: VU20851: Apply research techniques within justice contexts test questionnaire interview questions set of guidelines for observation measurement procedure valuation surveys research tool considerations of: o reliability and validity o protocols Validated may refer to: and ethics examining the extent to which the instrument measures what it purports to measure terminology / types of validity, such as: o content validity o face validity o construct o internal validity validity o external validity o conclusion validity reliability factors, such as: o equivalence o stability o internal consistency factors affecting reliability and validity of instrument, such as: o sample size o comparing types of surveys and methods used to increase validity o capacity o access Ethics may include: ©State of Victoria 2012 to generalise findings across the whole population appropriate population client/participant welfare impact on the individual impact on a community cultural practices and considerations consultation with an ethics committee sustainability practices requisite authority and qualifications to conduct interviews privacy 197 VU20851: Apply research techniques within justice contexts Legal requirements may include: Research findings may include: Section C: Units of competency - Adv. Diploma safety agreements with third parties who supply research or data competency standards contracts copyright and privacy laws relating to physical materials and electronic technology licensing plagiarism privacy Categories and logical sequences of data, information and knowledge, such as: o arguments and rebuttals o categories and sequences traditionally used for the particular type of document being prepared o chronological, o facts, alphabetical or operating sequences observations, conclusions and recommendations o illustrative o linking case studies and other examples and summary statements o recommendations o development Reviewed may refer to: Organisational requirements may refer to: 198 and supporting arguments of structure and content of documents feasibility of implementing the recommendations critical comparison of any findings of previous research and those of current research original research parameters and brief quality and credibility of the methodology value of its usefulness value of the information and data vision overall strategic planning, goals and positioning privacy, ethics and codes of practice sustainability management systems, procedures and practices business and performance planning processes legal and ethical requirements and codes of practice quality and continuous improvement processes and standards relevant legislative and regulatory requirements reporting procedures OHS policies, procedures and programs justice environment management systems, procedures and practices ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Referencing requirements may include: VU20851: Apply research techniques within justice contexts knowledge and Intellectual Property (IP) policies referencing methods of: o Australian Psychological Association (APA) o Harvard o Legal o Oxford in-text citation bibliography annotated bibliography referencing page 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: conducting research including development of a research proposal, collecting and maintaining data, critically analysing and reporting findings reviewing efficacy of research methodology knowledge of methodologies, ethical and legal requirements for research conducted within justice environments Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment ©State of Victoria 2012 access to suitable simulated or real workplace/learning opportunities access to relevant Federal, State and local legislative and regulatory requirements and provisions access to American Psychological Association (APA) referencing system training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of research project proposal relevant to requirements of justice contexts evaluation of research project into research methodologies 199 VU20851: Apply research techniques within justice contexts Section C: Units of competency - Adv. Diploma and their suitability and limitations for justice context application Guidance information for assessment 200 evaluation of action learning project in validation of data collection instruments and literature analysis case studies role plays practical exercises observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma ©State of Victoria 2012 VU20851: Apply research techniques within justice contexts 201 VU20852: Apply investigative processes within justice environments Section C: Units of competency - Adv. Diploma VU20852: Apply investigative processes within justice environments Unit Descriptor This unit describes the skills and knowledge required to apply appropriate and relevant investigative skills and procedure to conduct investigations, gather, record, assess and present evidence in a court of competent jurisdiction. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers, authorised officers, in-house investigators, as well as those who, as part of their responsibilities, undertake initial investigation including collecting, assessing, processing evidence from crime/event scenes, evaluating all relevant and available evidence for pre-trial requirements and procedure. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. Identify and apply responsibilities and legal obligations of investigative role within justice contexts 1.1 Role, principles and responsibilities of an investigator in a justice environment are analysed Identify and apply evidence procedures 2.1 Legal requirements and procedures at crime/events scenes are identified and applied 2. 1.2 Legal boundaries and operational requirements of a criminal investigation are delineated and applied 1.3 Laws relating to obtaining information and the methods of gathering evidence are analysed and applied 2.2 Physical and forensic evidence and their requirements are identified, collected, recorded, assessed and prepared for court 2.3 Legal requirements of comprehensive statement taking, note taking and conducting and recording an interview are identified, examined and applied 2.4 Law relating to admissibility of evidence is examined and applied and a brief of evidence that complies with current legal requirements is developed and presented 202 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma 3. Investigate and apply the legal process of presenting a case for prosecution VU20852: Apply investigative processes within justice environments 3.1 Methods used to bring a person before a court of competent jurisdiction are examined and applied 3.2 Court procedure involved in a hearing are analysed and applied 3.3 Function and responsibilities, including ethical duties, of persons and parties involved in criminal hearing are identified 3.4 Moot court is conducted, in consultation with relevant people, to check and evaluate determined skills, knowledge, attitudes and functions required for presenting prepared case for prosecution 3.5 Lessons learned are used to inform final preparation of case for prosecution 4. Apply sentencing principles to presenting a plea 4.1 Five sentencing principles are critically analysed 4.2 Matters in mitigation are applied to a plea 4.3 Plea is developed, based on relevant sentencing principles and matters in mitigation, and evaluated in consultation with relevant people REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management and relevant specialist personnel under direction, independently, or within a team interpersonal and communication skills to conduct complex oral exchanges in interviews, briefing and meetings organisational and operational skills to monitor legislation, judicial and organisational compliance requirements of investigation process writing and technical skills to prepare evidence reports, interview notes and statements that satisfy evidentiary and judicial requirements research and analytical skills to interpret information, processes, procedures including case law and legislation required in an investigation organisational skills to apply OHS procedures relating to investigation contexts such as crime scenes analytical and problem solving skills in locating, gathering and interpreting evidence for forensic examination and analysis and for courts in relevant cases organisational skills to meet targets, milestones and schedules problem-solving skills to prepare briefs of evidence and pleas for court in compliance with legislation, judicial and organisational requirements presentation skills in giving evidence in court as an informant or witness in accordance with courtroom and professional etiquette and formal procedures ©State of Victoria 2012 203 VU20852: Apply investigative processes within justice environments Section C: Units of competency - Adv. Diploma risk management skills to support contingencies or new directions in investigation Required Knowledge relevant international, Federal, State and local government legislative and statutory requirements and provisions for criminal investigation, and evidence gathering and administration Australian Government Investigation Standards (AGIS) relevant legislative, judicial and jurisdictional requirements rules, ethics and processes of investigation to achieve compliance objectives key practice standards and procedures in crime scene investigation, management and gathering of evidence processes and procedures for gathering, assessing, interpreting and presenting evidence pre-trial and trial procedures, including principles of disclosure current investigative methodology, framing of charges and legal requirements of a brief of evidence processes and procedures for planning, preparing and submitting a compliant brief of evidence points of proof/facts in issue of relevant offences to substantiate legal charges sentencing principles and matters in mitigation and their application to plea formulation hearing and trial processes and procedures for the conduct of summary and indictable cases court etiquette and roles of parties involved broad knowledge of political and social forces that may shape selected area of an investigation and the resulting court case organisational OHS policies and procedures 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 in the performance criteria is detailed below. Role may include: 204 ensuring an investigation is warranted assessing the merit of the issue designing the plan investigating the issue collecting and recording of information/evidence evaluating and deducting from information/evidence preparing organisational reports or documents for court briefing/debriefing stakeholders attending court and giving evidence as informant ensure a positive and a successful outcome ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Principles may include: VU20852: Apply investigative processes within justice environments defining a crime, an investigation and evidence fundamental rules of investigation process of an investigation things involved in a crime legal boundary of investigation which includes: o presumption of innocence o self-incrimination Responsibilities may include: rule searching for the truth within the specification of the law risk management of the investigation planning for contingencies proving or disproving the matter under inquiry objectivity impartiality confidentiality and privacy of issues keeping client, management and colleagues informed attending to natural justice continuity of evidence and security of exhibits ensuring compliance with natural justice submitting accurate and up-to-date documents which may include: o briefs of evidence o summaries of facts and briefing notes o reports o requests for medical and other o statements/records o victim specialist reports of interview and affidavits impact statements o contemporaneous notes o incident logs/running sheets as per organisational requirements o investigation plan o memorandum of understanding/agreement between organisations o terms of reference o Standard Operating Procedures (SOPs), policies and practices o audio and ©State of Victoria 2012 video recordings 205 VU20852: Apply investigative processes within justice environments Section C: Units of competency - Adv. Diploma o sketches Investigator may refer to and diagrams police (State and Federal) law enforcement officer (private or public, State or Federal) authorised officer from government/non-government agencies private investigator/agent authorised in-house investigator any person from any organisation whose duties are to investigate attributes of an investigator, such as: o analytical and problem solving qualities o proficiency o integrity, and professionalism positive attitude and a good listener o flexibility, discretion and good observation skills o objectivity, impartiality and unbiased o leadership and decisiveness o team skills o ability to liaise with others, including external organisations/experts Legal boundaries and operational requirements may include: criminal and procedural law of the State points of proof/facts in issues pertaining to offences Section 464 of the Crimes Act 1958, application of the elements of crime Standard Operating Procedures (SOPs) other policies and processes competence and compellability of person involved relevant provisions of: o Crimes Act 1958 o Evidence Act 2008 o Criminal Procedure Act 2009 o Relevant rules and o other Investigation may refer to: 206 regulations relevant and appropriate Acts of Parliament investigation carried out in accordance with the Australian Government Investigation Standard (AGIS) and application of Standards to the State of Victoria search for the truth within the specification of the law ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20852: Apply investigative processes within justice environments objective assessment of a breach of the law/policies identification of person of interest criminal investigation disciplinary investigation fact-finding investigations procedural investigations the investigator/authorised legal authority multi-disciplinary approaches OHS events/disasters investigation plan which may include: o risk management at all levels of investigation o compliance with Australian and New Zealand Risk Management Standard - AS/NZ ISO 31000:2009 o actions/scope of o aims/objectives o factors that - of investigation may affect the investigation, such as: people involved and their resources types of evidence to be obtained points/facts to prove possible defences at statutes/common law age/gender/cultural diversity climatic conditions/topography resources required political sensitivities time frame/statutory limitations own local knowledge/avenues of inquiry security and integrity of the investigation reporting mechanisms o any investigation other information that may impact the plan investigation techniques, such as: o doorknocks o formal and o forensic interviews examinations/analysis o natural/artificial sources o computer/data search and retrieval/analysis o media o listening o other covert surveillance as authorised o searches ©State of Victoria 2012 devices as authorised including search warrants 207 VU20852: Apply investigative processes within justice environments Section C: Units of competency - Adv. Diploma o newly emerging o security Laws may include: Information may include: techniques of evidence Crimes Act 1958 Evidence Act 2008 Criminal Procedure Act 2009 Magistrates Court Act 1989 Evidence (Miscellaneous Provisions) Act 1958 Charter of Human Rights and Responsibilities Act 2006 Victim Charter Act 2006 Children, Youth and Families Act 2005 Privacy Act 1968 Information Privacy Act 2000 Common law relevant to legislation, investigation and matters under inquiries Summary Offences Act 1966 Occupational Health and Safety Act other relevant Acts of Parliament and regulations made under these Acts law of natural justice rules of evidence and admissibility of evidence all evidence, whether applicable or not to the matter under inquiry, such as: o personal details of witnesses o relevant documents including medical/prior convictions/other legal documents o oral Methods of gathering evidence may include: 208 or documentary testimony of facts facts relevant to prove or disprove matter under inquiry information from internal/external agencies suspects witnesses including neighbours victims/complainants/next of kin others including experts and colleagues searching and examination of crime scenes or events responsible gathering of evidence at crime scenes interrogating person of interest ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20852: Apply investigative processes within justice environments interviewing public, witnesses, victims and complainant use of cognitive (psychology) interview records of interviews obtaining statements including record of interviews consulting experts forensic and document examination and analysis searching of records, such as: o internal agencies, such as: - State or Federal police - other law enforcement agencies - colleagues o external agencies, such as: - VicRoads - financial institutions - utility suppliers, such as” gas/electricity/water o formal, such as - consumer affairs - death and birth agencies - trustees o informal – internet, social media, local rumours surveillance of suspect corroboration of evidence electronic data examination and retrieval recording techniques, such as: o photography o video recording o audio recording o contemporaneous notes and sketches ethical requirements, such as: o professional ethics o role of ethics in investigation o Australian Crime scenes/events (legal requirements and procedures) may include: ©State of Victoria 2012 Public Service code of conduct or equivalent primary crime scene where the vast majority of evidence is located secondary crime scene where evidence may be located, such as: o obtaining maximum amount of information before attending crime scene o observation of surroundings on the way to crime scene observation of OHS requirements - safety first 209 VU20852: Apply investigative processes within justice environments Section C: Units of competency - Adv. Diploma assessment of scenes on arrival and report and render assistance as required containment of scene and prevention of contamination by natural and /or artificial sources search of the crime scene identification and examination of the evidence interview of: o victim o Witnesses o public Physical evidence and their requirements may include: collection, examination and securing of evidence making of contemporaneous notes making of diagrams and sketches searching for ‘modus operandi’ actual real, physical or oral evidence, such as: o weapons o hair samples o blood o forged o any Forensic evidence and their requirements may include: 210 documents physical or tangible object forensic evidence electronic/digital data/images exhibits located at crime/event scenes relevant documents/physical evidence obtained during investigation any relevant evidence that can be presented to a court method of collecting evidence storage continuity of evidence all types of evidence that is required to be examined and analysed by forensic forensic type evidence expert required aide to investigation process of elimination avoid contamination collection and storage ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Statements may include: Note taking may include: Conducting and recording an interview may include: ©State of Victoria 2012 VU20852: Apply investigative processes within justice environments personal details of witness, including knowledge and qualifications time date and place of event accurate information/details facts not assumptions or speculations use of senses: hearing, touch, smell, sight, taste opinion only if expert signature jurat and acknowledgement contemporaneous notes or notes made at the time or shortly after neat and readable work-related according to organisational documentation requirements, policies and procedures logical sequence all details present capable of standing scrutiny and test by defence written audio/visually recorded use of electronic devices planned in order to gather maximum amount of evidence preamble identification of all present, including person entering/disrupting interview compliance with section 464 Crime Act 1958 compliance with organisational requirements caution and rights (including human rights obligations) placed in situ all details pertaining to case facts questioning methods no leading questions single question for single answer 211 VU20852: Apply investigative processes within justice environments Admissibility of evidence may include: Section C: Units of competency - Adv. Diploma cover all points of proof and remember standard of proof cover possible defences remember fail to ask fail to prove corroboration of evidence sketches formal cautioning and charging adoption of record of interview audio confirmation of conversation/admission that occurred prior to formal interview rules of evidence, such as: o is it relevant? o it is admissible? definition of relevance – Evidence Act 2008 types of evidence is the evidence what it purports to be – must be proved evidence not tampered with continuity of evidence available view/inspect location/locality/evidence evidence not subject to any exclusionary rules of evidence, such as: o hearsay rule and exceptions o discretionary power o opinion Brief of evidence may refer to : of the court rule evidence must be authenticated admission, including that made prior to and during investigation evidence of silence proof of admission admission subject to exclusion credibility evidence character evidence summons and subpoena charge sheets/bail applications statements by: o witness o victim 212 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20852: Apply investigative processes within justice environments o forensic o expert Current legal requirements may include: Methods used to bring a person before a court, may include: Court procedure may include: records of interview admissible evidence list of witnesses list of exhibits relevance to statute and precedent compliance with current legal requirements of information to be included in the brief applicable law of evidence rules of court applicable to the jurisdiction prosecution policy of the police, the courts and State legislative requirements and organisational policy and procedures applicable disclosure requirements in the jurisdiction arrest summons bail human and legal constraints being advised of obligations prior, during and after court process format for giving evidence, including: o self presentation – dress and deportment o court etiquette o knowledge o stages of oath/affirmation of evidence o psychology of witnesses o answering to o how legal representative questioning to stay cool under fire o rights o obligations/privileged ©State of Victoria 2012 keeping prosecutor, witnesses and victims informed of status natural justice rule judicial discretion human rights considerations fact finding to be rational relevant information to be accepted by the court 213 VU20852: Apply investigative processes within justice environments Functions and responsibilities may include: Section C: Units of competency - Adv. Diploma oath/affirmation and unsworn evidence significance of defendant rights not to testify competence and compellability of witnesses available right of defendant family to object in giving evidence associate defendant obligations standard of proof and burden of proof stages of evidence methods of questioning including leading questions role of the adjudicator reviving of memory and use of contemporaneous notes unfavourable and vulnerable witnesses special arrangements for certain classes of witnesses ethical duties, such as: o professional ethics o Australian Public Service code of conduct or equivalent Moot court refers to: simulated court hearing/trial where hypothetical cases/evidence are tested to inform practice Relevant people may refer to: staff colleagues clients management community representatives experts advisors sector professionals consultants regulators health and help agencies disability rights agencies community legal centres women’s services and advocacy agencies Indigenous organisations Cultural and Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations 214 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Five sentencing principles refers to: VU20852: Apply investigative processes within justice environments Sentencing Act Sentencing Advisory Council Five sentencing principles of: o Punishment o Deterrence o Rehabilitation o Denunciation o Protection other sentencing principles such as: o parity o totality Matters in mitigation may refer to: age cooperation cultural background delay disability drug affectation employment good character guilty plea ill health intoxication mental health reduced culpability remorse restitution 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit ©State of Victoria 2012 A person who demonstrates competency in this unit must provide evidence of: applying legal, ethical and operational requirements to investigate, gather evidence and prepare a case for prosecution within the Victorian criminal justice system applying legal, ethical and operational requirements to prepare a plea within the Victorian criminal justice system knowledge of Victorian judicial, ethical and legal requirements of evidence gathering, recording, assessment of physical 215 VU20852: Apply investigative processes within justice environments Section C: Units of competency - Adv. Diploma evidence and interviewing, including taking of notes and statements Context of and specific resources for assessment knowledge of Victorian judicial, ethical and legal requirements of criminal court procedures, preparation of prosecution cases and pleas knowledge of Victorian judicial, ethical and legal requirements of sentencing in Victoria Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to suitable simulated or real workplace/learning opportunities , including: o internal crime scene and facilities o external crime o interview o court scene and facilities room with necessary facilities room set up/environment o relevant International, Federal, State and local legislative and regulatory requirements and provisions for criminal investigation o relevant legislative, judicial and jurisdictional requirements, policies and procedures Method of assessment 216 training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project in crime scene investigation evaluation of project in evidence gathering evaluation of project in prosecution case preparation evaluation of project in applying sentencing principles and matters in mitigation to formulation of a plea evaluation of research project legal ethical and operational requirements of criminal prosecution within Victorian criminal justice system practical exercises observation oral and written questioning ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Guidance information for assessment ©State of Victoria 2012 VU20852: Apply investigative processes within justice environments presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. 217 VU20852: Apply investigative processes within justice environments 218 Section C: Units of competency - Adv. Diploma ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20853: Apply sociology concepts and principles to justice contexts VU20853: Apply sociology concepts and principles to justice contexts Unit Descriptor This unit describes the skills and knowledge required to apply sociological concepts to addressing needs of clients in justice environments who experience social inequalities or marginalization. Thereby the unit includes applying knowledge of Australian social and cultural contexts in planning and implementing processes in justice workplaces. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the justice officers responsible for providing appropriate and effective responses and services for clients who have experiences of social marginalisation in justice environments. Typically practitioners will be applying strategies informed by a strong sociological base. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Key aspects of foundation sociological theories are used to explain the development of powerful social agents and institutions in Australia. Review key social theories and perspectives to explain the causes of social inequalities affecting justice services clients 1.2 Individual, cultural and structural influences that affect social experiences of justice services clients are identified and debated 1.3 Identify examples of marginalisation of special needs groups within the contemporary Australian justice environment utilising key aspects of later sociological theories. 1.4 Apply major theoretical perspectives to explain social inequalities affecting justice services clients in Australia. 2. Apply sociological theories to examine effects of social inequality on justice services clients 2.1 Describe the impacts of social inequalities and marginalisation on a range of specific client groups within justice environments 2.2 Barriers experienced by specific client groups in accessing equitable treatment in the justice environments are identified and remedial strategies canvassed 2.3 Sociological thinking is applied to critique current strategies for addressing specific needs of marginalised client groups in justice environments 2.4 Findings are used to determine specific work to be undertaken and/or services to be provided ©State of Victoria 2012 219 VU20853: Apply sociology concepts and principles to justice contexts 3. Monitor impact of social and cultural factors on justice clients and service provision within justice environments Section C: Units of competency - Adv. Diploma 3.1 Impact of work undertaken and/or services provided is monitored in line with sociological thinking 3.2 Effectiveness of work undertaken and/or services provided in relation to identified social and cultural factors having impact on clients in justice environments is reviewed 3.3 Revisions to work undertaken, and/or services provided, to better address social and cultural issues and to improve client outcomes, are made in consultation with relevant people REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with a complexity of clients, colleagues, management, and stakeholders across human rights contexts within justice environments research methodology and critical analysis skills to identify, source, document, evaluate and debate theories, practices and discourses on impacts of sociological factors on clients in justice environments analysis and negotiation skills to identify and respond to stakeholder requirements in justice environments research and critical analysis skills to identify and debate key discourses relevant to contemporary justice system issues sociological thinking skills to differentiate various stratifications in Australian society and to analyse their development and impact on justice services clients analytical and sociological skills to apply social theory to the explanation of features of Australian society that impact on clients in justice environments sociological thinking skills to critique and develop strategies to address barriers faced by clients in justice environments literacy and technical writing skills to prepare documents and present reports organisational skills to manage timelines, agreed outcomes and contingency planning critical reflection skills to evaluate own performance communication and analytical skills to seek feedback from others to inform future practice Required Knowledge 220 relevant International, Federal, State and local government legislative and statutory requirements and provisions relevant social theory and its application to justice services critical political and economic theory and systems current research and critical analyses of social agents and institutions in Australian society critical political and economic theory and systems current theories and debates on concepts of inequality and marginalisation in Australian society ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20853: Apply sociology concepts and principles to justice contexts current models and theories on approaches and strategies to address inequality and marginalisation experienced by special needs groups and others within justice environments and the broader society current debates and theories on organisational requirements and specific policy decisions that impact on effect provision of services for justice clients social characteristics and issues of identified client population range of services and resources available to specific client groups safe work practices 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 in the elements and performance criteria is detailed below. Foundation sociological theories may include: functionalist theories hegemony Marxist theories social action theory concepts of culture and behaviour positivism social theories and their application, such as: o cultural awareness and diversity o immigration policy o psychology o socio and application economic grouping and urbanisation o human behaviour o criminality issues o class and social stratification o class and strata sub-cultures o social mobility o social and natural inequalities o biology and racial inequality o natural and cultural inequality o social stratification and functionalist perspectives o organisation and planning o power o functional o social importance diversions o inequality and opportunity ©State of Victoria 2012 221 VU20853: Apply sociology concepts and principles to justice contexts Social agents and institutions may refer to: Section C: Units of competency - Adv. Diploma families in Australian society gender roles in relation to families gender roles in relation to the workforce major institutions in Australian society (such as the media, the health system) and ways they can impact on the community the law legal system media economic system religious systems and practices formal and informal education aged care system factors associated with different age groups in our society, such as o cohorts of different ages and the ways they form their own micro cultures o societal perceptions o ways of different aged groups stereotypes and beliefs develop o positive ways various age groups contribute to our society education system health system factors that affect health and well being of our society, such as: o relationship between environmental factors, such as: - types and availability of housing - population density - employment factors - work structures and work places - geographical location - sustainability and peak oil - social isolation - overcrowding and poor conditions - access to health and community services o general health and well being of a community, family and/or individual o influence of government policy decisions on general health and well being labour market work effects and consequences of unemployment in our society, such as: o potential effects of unemployment on people’s lives o range of outcomes of unemployment on society 222 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20853: Apply sociology concepts and principles to justice contexts o how unemployment can impact on a person’s health and well being political systems structural power divisions, such as; o classes in Australian society o power politics and the State o health employment education and family life o pluralist o religion conflict and power approaches and social change o migration and ethnicity o individual with special needs o cultural change o unemployment o structural o micro Individual, cultural and structural influences may refer to: and economic reform economic reform contemporary frameworks and influences underpinning social policy economics and economic structures educational institutions State and Federal governance of education employment opportunities access to resources access to prosperity families, such as: o family beliefs o notions of normalcy within families o structures of o power relations o concepts of families marriage and relationship dominant social rituals, such as: o public holidays and associated events societal values and their impact in relations to definitions and law making, such as: o criminality o deviance Special needs groups may include: ©State of Victoria 2012 Cultural And Linguistically Diverse (CALD) Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ (GLBTIQ) 223 VU20853: Apply sociology concepts and principles to justice contexts Later sociological theories may refer to: Major theoretical perspectives may refer to: Social inequalities may refer to: Section C: Units of competency - Adv. Diploma people with disabilities Aboriginal and Torres Strait Islander people symbolic interactionism feminist theories post structuralist theories post-modern theories post-colonial theories macro /micro consensus conflict interaction problem-solving approaches diminished quality of life family breakdown feminism homelessness unemployment impact of unemployment on individuals and society loss of social contact paid and unpaid work peak oil issues queer theory racism social isolation social, personal and health outcomes of unemployment sustainability terrorism stereotyping, such as: o societal beliefs about age and experience o categorising of age groups with set of fixed attitudes and characteristics, such as: - teenagers young marrieds retirees older people Vietnam vets generation X, Y, Z baby boomers o development 224 of stereotypes about special needs groups ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20853: Apply sociology concepts and principles to justice contexts o societal beliefs Specific client groups may include: Monitored may refer to: Relevant people may refer to: ©State of Victoria 2012 about unemployed people people experiencing social inequality Cultural And Linguistically Diverse (CALD) Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ (GLBTIQ) people with disabilities Aboriginal and Torres Strait Islander people awareness of own values and attitudes and their potential impact on clients privacy issues of own and external agency regular monitoring record keeping reporting systems progress journal reflective journal documents, charts and templates designed to map progress forms or reports for feedback from relevant people staff colleagues clients management community representatives experts advisors sector professionals consultants feminist-informed women’s services and advocacy agencies Indigenous organisations Cultural and Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators 225 VU20853: Apply sociology concepts and principles to justice contexts Section C: Units of competency - Adv. Diploma 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: applying sociological thinking to determine and implement work undertaken, and/or service provision, that addresses specific needs of marginalised clients in justice environments monitoring, and review for continuous improvement, of work undertaken and/or services provided knowledge of major sociological theories and perspectives that explain causes and effects of social inequalities affecting clients in justice environments knowledge of social thinking in developing approaches and strategies to address inequality and marginalisation experienced by special needs groups and others within justice environments and the broader society Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to: o suitable simulated or real workplace/learning opportunities o access to relevant international, Federal, State and local legislative and regulatory requirements and provisions for criminal investigation o relevant social, political and economic theories and current research Method of assessment 226 training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of a comparative study of using a variety of sociological concepts to analyse impacts on clients in justice services and develop appropriate responses evaluation of project on inequality and power structures that maintain inequality evaluation of research project into social planning and policies review of portfolio of research into equality opportunity legislation and policies in the context of gender roles, ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20853: Apply sociology concepts and principles to justice contexts employment, marginality and exclusion Guidance information for assessment ©State of Victoria 2012 practical exercises finding and applying criminal statistics practical exercises case studies observation written and oral questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. 227 VU20853: Apply sociology concepts and principles to justice contexts 228 Section C: Units of competency - Adv. Diploma ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20854: Research criminology and crime prevention for application to practice within justice environments VU20854: Research criminology and crime prevention for application to practice within justice environments Unit Descriptor This unit describes the skills and knowledge required to apply crime prevention principles and strategies across a range of justice environments. The unit requires research and evaluation of criminology theory and body of knowledge for appropriate application to practice across a range of justice contexts. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers responsible for implementing effective crime prevention strategies within justice environments. Typically, practitioners will have a working knowledge of criminology theory and practice, as well as current debate on causes of crime, victimology and crime prevention either to inform policy and support strategic development and practice. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. Research and review 1.1 Key vocabulary and theoretical framework of criminology are researched, critically analysed and discussed historical and current approaches to 1.2 Theories of criminality, including patterns and social correlates criminology of major forms of criminal behaviour, are researched, critically analysed and debated 1.3 Theories of victimology are researched, critically analysed and debated 1.4 Links between criminology and policy making are outlined and evaluated 2. Analyse crime in Victoria 2.1 Nature, extent and patterns of crime internationally, in Australia and in Victoria are researched, compared and evaluated 2.2 Validity of crime statistics in reporting of crime are critically evaluated 2.3 Role of criminal profiling and its relevance to criminal investigation is analysed 2.4 Offender rehabilitation programs are investigated and evaluated ©State of Victoria 2012 229 VU20854: Research criminology and crime prevention for application to practice within justice environments 3. Research and review crime prevention strategies for application to practice Section C: Units of competency - Adv. Diploma 3.1 Application of victimology theory to crime prevention strategies is critically analysed and debated 3.2 Application of key criminological theories to crime prevention strategies is critically analysed and debated 3.3 Crime prevention strategies relevant to own practice are formulated and applied in consultation with relevant people and according to organisational and legislative requirements 3.4 Application of strategies is reviewed to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant experts and/or external stakeholders across a range of relevant contexts communication and interview skills to evaluate efficacy of crime prevention strategies communication and advocacy skills to engage stakeholders in crime prevention strategies project management and organisational skills to prioritise, set and meet targets, milestones and schedules research methodology and critical analysis skills to identify, source, document, evaluate and perspectives, practices and discourses relevant to contemporary justice system issues research and analytical skills to determine effective application of criminology principles and practice and crime prevention strategies in particular communication, advocacy and leadership skills to work effectively with own and other relevant organisations literacy and technical writing skills to prepare documents and present reports organisational skills to manage timelines, agreed outcomes and contingency planning problem-solving skills to identify risks, contingencies and opportunities for improvement in crime prevention strategic planning analytical, evaluation skills to access data and seek feedback from others to inform future practice Required Knowledge 230 relevant international, Federal, State and local government legislative and statutory requirements and provisions research methodologies historical perspectives on criminology, causes of crime and crime prevention relevant critical social theory and its application to criminology theory and practice current theories and debates on criminology and crime prevention ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20854: Research criminology and crime prevention for application to practice within justice environments current theories victimology and their application to crime prevention ethical principles and codes of practice for conducting research within justice contexts project management methodologies relevant organisational policies and practices that address criminology principles and practices including crime prevention strategies documentation requirements and practice risk management strategies safe work practices 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 in the performance criteria is detailed below. Vocabulary may refer to: Key sociological terms and definitions relevant to critical analysis of criminological theory and practice, such as: o aetiology/etiology o causal relationships o objectivity o subjectivity o cultural production o hegemony o ideology o identity and alienation o deviance o pathology o crime o empiricism Theoretical framework of criminology may refer to: legal, as opposed to sociological, definition of crime main components of criminology, such as: o criminal statistics o sociology of law o aetiology of crime o criminal behaviour systems o victimology ©State of Victoria 2012 crime prevention strategy role of sociology interdisciplinary nature of criminology diverse approaches to the study of crime 231 VU20854: Research criminology and crime prevention for application to practice within justice environments Section C: Units of competency - Adv. Diploma historical evolution of criminology and the lasting influence of assumptions and policy on the present, such as: o early - approaches to crime and punishment, including: Sumerian Babylonian Hebrew Roman o eighteenth century classical school of criminology o nineteenth century positivist approach to criminology o late nineteenth and early twentieth century sociological and psychological contributions to understanding criminality o impact of late twentieth century versions of Marxism, feminism and other social theory major criminological theories, such as: o classical o positivist o strain o labelling o conflict Critically analysed may refer to: links between criminological theories and policy development application of range of critical theories that seek to uncover social structural power inequalities and ideologies, including: o feminism o neo-Marxism o queer theory o structural o work of Criminality may refer to: race theories the Frankfurt school of social enquiry major forms of criminal behaviour, such as: o violence, o family assault robbery, rape and murder violence and child abuse o hate crimes, o property mass murder, terrorism crime, such as: - arson, burglary, theft, shoplifting, forgery, credit card frauds, con games o corporate and white-collar crime o organised crime o public order crimes, such as: - gambling - prostitution - pornography 232 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20854: Research criminology and crime prevention for application to practice within justice environments known patterns and social correlates of criminal behaviour, such as: o dynamics of violence major theories on criminality and causes of crime, including : o aetiology of criminality o psychological/mental disorder theories o links of crime between genetic/physical factors and causes of crime o evolutionary theories o biobehavioural/biochemical/drugs/alcohol causality o environmental/socio-economic Victimology may refer to: factors causality factors theories of victimisation and re-victimisation nature of victims correlates of victimisation role of victim in criminal process debates about existence of victimless crime social and economic costs of the major forms of crime in Australian society known patterns and correlates of ‘victimisation’ according to: o age socio-economic status o marital status o gender o residential location o social relationship major theories of victimisation, such as: o the ideal victim o routine activities theory o lifestyle theory; victim precipitation o deviant Policy making may refer to: place theory debates about ability of the criminal justice system to provide justice for victims of crime policy development informed by criminological study of: o causes of crime o analysis of risk factors associated with criminality, such as: - parental and family dysfunction - school environment dysfunction - pre and postpartum depression o factors associated ©State of Victoria 2012 with antisocial and criminal behaviours 233 VU20854: Research criminology and crime prevention for application to practice within justice environments o risk factors as Section C: Units of competency - Adv. Diploma pathways to criminal behaviour o relationships between risk factors, causal pathways and criminal behaviour Policy development, such as: o early intervention approaches o developmental prevention o crime Validity of crime statistics may refer to: prevention accuracy and inaccuracy of sources of crime statistics accuracy and inaccuracy of reporting crime problems with accurate crime reporting associated with: o race o gender o age o ethnicity o kin Crime statistics may refer to: victim-associated barriers to the accurate reporting of crime organisational factors that affect the accurate reporting of crime sources of crime statistics, including information on: o nature of o location offence of offence o gender of offender/s o socio-economic status of offender/s o age of offender/s ‘dark figure’ of crime statistics statistics methodologies, such as: o ecological approach o frequency analysis o descriptive o inferential o scientific o empiricist Role of criminal profiling may refer to: 234 concept of criminal profiling process of criminal profiling role of criminal profiling in dealing with specific types of criminal behaviour advantages and disadvantages of criminal profiling as an ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20854: Research criminology and crime prevention for application to practice within justice environments investigative research tool Offender rehabilitation programs may refer to: Crime prevention strategies may refer to: current rehabilitation programs used in Australia and internationally key aims of rehabilitation programs used within prisons efficacy of rehabilitation programs used within prisons link between criminological theory and rehabilitation programs link between crime prevention strategies and rehabilitation programs early intervention approaches developmental prevention pre- and postnatal theories and their contribution to the prevention of crime compensation and implications for crime prevention strategies deterrent of punishment target-hardening approaches technology used to control/reduce opportunity for crime, such as: o surveillance o detection o architectural design to reduce risk/increase safety o environment design/ urban planning to reduce risk/increase safety Application of key criminological theories may refer to: use of statistics on crime patterns use of criminal profiling design of crime prevention strategies based on criminological analysis of: o current trends, patterns and extent of o analysis o crime crime of statistics on crime patterns mapping and re-victimisation surveys o criminality o causes Relevant to own practice may refer to: ©State of Victoria 2012 of crime broken windows theory crime prevention strategies selection considerations, such as: need and priority feasibility and capacity funding and resources risk factors level of support and commitment timelines and plans for implementation 235 VU20854: Research criminology and crime prevention for application to practice within justice environments Relevant people may include: Organisational requirements may include: Section C: Units of competency - Adv. Diploma evaluative framework and processes organisational strategic requirements staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies feminist-informed women’s services and advocacy agencies Indigenous organisations Cultural and Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators key bureaucrats and politicians strategic intentions, priorities and practices commitment for strategy from key stakeholders and other organisations funding processes evaluative framework and processes policies , procedures and protocols, such as: o approaches to: - 236 risk management service provision case management safety planning referral reporting privacy, ethics and codes of practice o formal and informal decision making processes o formal and informal policies ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20854: Research criminology and crime prevention for application to practice within justice environments o accountability mechanisms o organisational procedures o mechanisms that ensure treatment option is co-ordinated and appropriate action and support is provided and monitored o required resources, such as: - human resources, such as: internal personnel external personnel expert assistance - physical - budgetary - relevant professional development Legislative requirements may include: relevant international, Federal, State and local government legislative and statutory requirements and provisions 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: researching and critically analysing criminological theoretical framework and its application across a range of approaches to crime prevention formulating and implementing crime prevention strategies relevant to own justice environment knowledge of criminology theoretical framework and its historical and contemporary application to crime prevention knowledge of relevant international, Federal, State and local government legislative and statutory requirements and provisions Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to: o suitable simulated or real workplace/learning opportunities o relevant international, Federal, State and local legislative and regulatory requirements and provisions o relevant social theory, ethical principles, codes of practices, organisational policies and practices ©State of Victoria 2012 training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional 237 VU20854: Research criminology and crime prevention for application to practice within justice environments Section C: Units of competency - Adv. Diploma institutions, courts, and policing/law enforcement premises Method of assessment Guidance information for assessment A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project into criminality and crime prevention in Victoria across a range of justice contexts evaluation of a project into application of victimology theory to crime prevention strategy design evaluation of a project into application of criminology theory to crime prevention strategy design evaluation of research project into historical development of criminology review of portfolio of research into relationship between sociology and development of criminological theory and policy development case studies role plays practical exercises observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20851 238 Apply research techniques within justice contexts ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20855: Implement human rights principles with justice environments VU20855: Implement human rights principles with justice environments Unit Descriptor This unit describes the skills and knowledge required to implement legal advocacy and enforcement of human rights within justice contexts. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers responsible for developing human rights law enforcement and advocacy strategies for clients across a range of justice environments. Typically, practitioners work with individuals or groups who are disadvantaged, marginalised or in a minority in relation to access to representation. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Development of national and international human rights, including perspectives, legislation, treaties, conventions and protocols is critically researched Review human rights protection in Australia 1.2 Principles, practices and debates on Australian dualist traditions of law are delineated and discussed 1.3 Australian legislation and system of courts and tribunals designed to deal with human rights issues are identified 2. Respond to justice enforcement issues in relation to human rights violations 2.1 Legislation and inter-jurisdictional processes regarding trafficking of people are examined 2.2 Issues for justice workers in responding to refugees and victims of people trafficking are identified and debated 2.3 Responses to enforcement issues within own current justice context are determined in consultation with relevant people and practised 3. Develop advocacy ©State of Victoria 2012 3.1 Groups who experience human rights issues of inequality or 239 VU20855: Implement human rights principles with justice environments strategies for groups and individuals experiencing inequality Section C: Units of competency - Adv. Diploma marginalisation in Australian society are identified 3.2 Models and theories that inform human rights advocacy strategies within justice contexts are researched, critically analysed, documented and evaluated in consultation with relevant people 3.3 Advocacy strategies are determined and applied to own current justice context 3.4 Ways to review, share and learn advocacy skills with others are identified and practised REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with a complexity of clients, colleagues, management, and stakeholders across human rights contexts within justice environments research methodology and critical analysis skills to identify, source, document, evaluate and debate theories, practices and discourses relevant to human rights advocacy and law enforcement analysis and negotiation skills to identify and respond to stakeholder requirements in human rights advocacy and law enforcement leadership and advocacy skills to promote human rights in justice environments communication and negotiation skills to develop to articulate and share theoretical concepts and approaches to practice with relevant people literacy and technical writing skills to prepare documents and present reports organisational skills to manage projects, timelines, agreed outcomes and contingency planning critical reflection skills to evaluate own performance communication and analytical skills to seek feedback from others to inform future practice Required Knowledge 240 relevant International, Federal, State and local government legislative and statutory requirements and provisions relevant research and scholarly debate on processes and policies for implementing effective human rights responses within justice contexts relevant social theory and its application to human rights issues general knowledge of machinery of the Australian political system safe work practices ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20855: Implement human rights principles with justice environments 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 in the performance criteria is detailed below. Development of national and international human rights, may include: political and social historical conjunctures pertaining to attainment of liberty, justice, equality, franchise, human rights, opportunity, franchise and so on that have direct impact on Australian perspectives on human rights formation of the United Nations history of United Nations actions on human rights, such as: o UN Universal Declaration of Human Rights o Geneva o UN Conventions Convention on minimum standards for prisoners o UN Convention on the Elimination of Trafficking of Women and Children o UN Protocols on the Trafficking of Women and Children for the Sex Trade Australian dualist traditions of law may include: Legislation (human rights) may include: ©State of Victoria 2012 o UN Convention on the Rights of Child o UN Protocol on the Elimination of Child Soldiers o UN Convention for the Elimination of Slavery development of, and differences between,declarations, treaties , conventions and protocols International Labour Organisation (ILO) International Criminal Court (ICC) application of international law to the Australian domestic legal system Legal obligations for treaties, conventions and protocols human rights internationalism monist system comparison with monist traditions of law, such as: Swiss example debates in favour of either monist or dualist traditions cultural perspectives on the interpretation of human rights provisions in Australia cultural relativism and universalism Victorian Charter ACT legislation Any future Charters/Acts in Australia 241 VU20855: Implement human rights principles with justice environments System of courts and tribunals may include: Inter-jurisdictional processes may include: Section C: Units of competency - Adv. Diploma Victorian Civil and Administration Tribunal (VCAT) County and Supreme Courts of Victoria High Court of Australia Victorian Human Rights and Equal Opportunity Commission Act(VHREOC) Human Rights and Equal Opportunity Commission Act(HREOC) Customs and Federal laws interpretation of State legislation processes regarding trafficking for: o adult sex-work o child sex-slavery o forced o other Issues for justice workers may include: labour labour legislation and protocols regarding people trafficking of refugees as opposed to illegal entries to Australia cultural difference psychological effects of previous human rights violations of refugee, such as: o abusive power/authority over o experience as child solders o warfare o subjugation o deprivation o persecution o imprisonment o torture o execution of family/friends o nature of journey to Australia Australian versus country of origin concepts of authority both as a result of human rights violations and cultural difference, such as: o uniform worn by justice workers triggering fear based on past experience o children o power who have been soldiers relations (control mechanisms) of political regime o restrictions Australian law contradistinction with country of origin laws in areas such as: o arranged marriage o retribution 242 of expression and movement by authority figures and revenge practices ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20855: Implement human rights principles with justice environments o religious adherences that violate Australian law o female circumcision o incest o bigamy o child Current justice context may refer to: employment/labour marginalisation of people due to prejudice, racism and legislation inequality in access to resources for marginalised social supgroups composition and nature of the service intra and inter organisational roles and relationships obligations and accountability organisational structures, policies and principles resources relationships with other local, national and/or international organisations: o networks o alliances o related services stakeholder requirements, such as: o attitudes o values o beliefs Relevant people may refer to: ©State of Victoria 2012 social and family relationships International, Federal, State and local government legislative and statutory requirements and provisions Government directions and initiatives emerging trends in human rights work staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies 243 VU20855: Implement human rights principles with justice environments Groups may refer to: Section C: Units of competency - Adv. Diploma relevant services and advocacy agencies Indigenous organisations Culturally And Linguistically Diverse (CALD) organisations Gay, Lesbian, Bisexual, Transgender and Intersex (GLBTI) organisations disability rights agencies community legal centres regulators people who experience diminished human rights through inequality and/or marginalisation, such as: o elderly people o Indigenous people o young people o homeless people o people with disability o sexually o asylum diverse groups seekers and refugees o culturally Models and theories may refer to and include: sociological approaches to cultural, ideological and/or institutional responses to difference that result in inequality and diminished human rights, such as: o critical - Human rights advocacy strategies may include: and linguistically diverse groups analysis of institutions, such as: family the Law education the media the economic system evidence-based research into cause and effect of human rights issues evidence-based research into relationship between limited access to resources through inequality and/or marginalisation and human rights theories of power relations application of social theory to strategies in justice contexts strategies to promote human rights in justice contexts, such as: o organisational policy o representation to development agencies within legal environment o organisational restructuring 244 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20855: Implement human rights principles with justice environments o lobbying government o community/organisational o law education reform o professional networking and alliance building o provoking debate among practitioners o negotiating implementation of changes to practices, policies and procedures to promote human rights o developing, negotiating, and promoting critical analysis skills to guide organisational and personal practice o identifying potential sources of conflict with holders of power and planning to address such conflict strategies that: o are informed by relevant critical theory o describe preferred: - relations roles rules goals norms beliefs o articulate relationship with organisational environment o address power relations o address relations with clients and other agencies o engage and support groups experiencing inequality 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: applying justice enforcement principles and processes to human rights violations within the parameters of own justice context determining and applying advocacy strategies to promote human rights within the parameters of own justice context for people experiencing inequality and/or marginalisation knowledge of legislation, declarations, conventions, treaties and protocols relevant to Australian approaches to human rights Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: ©State of Victoria 2012 245 VU20855: Implement human rights principles with justice environments Section C: Units of competency - Adv. Diploma access to: o suitable simulated or real workplace/learning opportunities o relevant legislation, declarations, conventions treaties and protocols o relevant social theory, research, policies and processes in relation to human rights issues Method of assessment Guidance information for assessment training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of action learning project into implementation of advocacy strategies within a justice environment to support people experience human rights issues evaluation of action learning project into human rights law enforcement in context of current/potential job roles within justice environments evaluation of research project into development of human rights, role of the United Nations and current debates on dualist/monist traditions of law review of portfolio of research into differences between various human rights provisions, such as: declarations, protocols, treaties, conventions and legislation case studies role plays practical exercises observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20851: 246 Apply research techniques within justice contexts ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20856: Apply psychological concepts and principles within justice environments VU20856: Apply psychological concepts and principles within justice environments Unit Descriptor This unit describes the skills and knowledge required to identify and address psychological issues related to offenders and victims, within the criminal justice contexts, through recognition and immediate response of counselling and support, to long-term response through referral and management of treatment programs. Students are required use the American Psychological Association (APA) referencing system. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers required to identify and respond to immediate client needs across a wide range of justice contexts and environments. Typically practitioners are called upon to recognise and respond to immediate and daily psychological needs of offenders in conjunction with managing referral and longer-term treatment options. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Core concepts of personality theories are researched and analysed Research major social and psychological theories that explain offending behaviour 1.2 Core concepts of human development theories are researched and critically analysed 1.3 Contemporary psychological theories and discourse that explain offending behaviour are examined for application to working with clients in justice contexts 2. Apply counselling strategies to managing offenders in justice contexts 2.1 Key stages in counselling process are identified 2.2 Core concepts of counselling theories and methodologies are examined and strategies developed to address offending behaviour 2.3 Strategies for working with involuntary clients are explored 2.4 Parameters of own role in applying counselling strategies, informed by psychological theory, are identified in consultation with relevant people 2.5 Counselling strategies for responding to immediate needs of offenders are determined and applied in consultation with relevant people and according to organisational and legislative requirements ©State of Victoria 2012 247 VU20856: Apply psychological concepts and principles within justice environments 3. Develop, monitor and review treatment plan Section C: Units of competency - Adv. Diploma 3.1 Key criminogenic and non-criminogenic factors and behaviours prevalent in the offender population are critically examined to inform development of treatment plan 3.2 Needs of specialised groups are delineated and incorporated into treatment plan 3.3 Available treatment programs and referral options for both custodial and non-custodial offenders are investigated and evaluated for inclusion in treatment plan 3.4 Treatment plan is monitored and outcomes reviewed to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills 248 communication skills to work with clients, colleagues, management, relevant experts and/or external stakeholders across a range of relevant contexts interpersonal communication skills to work with a complexity of clients in the criminal justice system communication and counselling skills to engage involuntary clients’ participation research methodology and critical analysis skills to identify, source, document, and evaluate perspectives and practices relevant to application of psychological concepts and principles to counselling and treatment planning for offenders research and analytical skills to select and apply best-fit counselling strategies research and analytical skills to determine effective offender treatment planning, monitoring and review communication, advocacy and leadership skills to work effectively with own and other relevant organisations literacy and technical writing skills to prepare documents and present reports organisational skills to manage timelines, agreed outcomes and contingency planning critical reflection and problem-solving skills to manage own values and beliefs and value conflicts with clients critical reflection skills to evaluate own counselling performance and develop effective selfcare approaches communication and analytical skills to evaluate efficacy of treatment plan ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20856: Apply psychological concepts and principles within justice environments Required Knowledge major psychological approaches to understanding human behaviour and life-stage development psychological theories, debates and discourse on factors that influence, shape and/or determine personality development contemporary debates and discourse on causality of offending characteristics and issues of identified client population contemporary debates and discourse on categorisation of specialised groups in the justice environment contemporary debates and discourse on counselling theories and practices contemporary debates and discourse on trends in treatment options range of offender treatment options, programs, services and resources available to clients relevant organisational policies and procedures including documentation requirements and practices American Psychological Association (APA) referencing system risk management safe work practices 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 in the performance criteria is detailed below. Personality theories may include: Human development theories may include: Psychological theories and discourse may include: psychodynamic theory behavioural theory cognitive theory learning theory humanistic theory trait theory Erikson’s Theory of Psychosocial Development Freud’s Stages of Psychosexual Development Piaget’s Theory of Cognitive Development Kohlberg’s Stages of Moral Development Psychoanalysis, such as: o Freud o Jung o Adler o Woodman o Johnson ©State of Victoria 2012 249 VU20856: Apply psychological concepts and principles within justice environments Section C: Units of competency - Adv. Diploma Defence mechanisms, such as: o Munsterberg Humanist, such as: o Rogers o Perls o Yalom o May o Frankl Cognitive, such as: o Ellis o Beck o Cognitive dissonance theory Learning, such as: o Bandura Behaviourism, such as: o Watson o Skinner Key stages of the counselling process may include: Counselling theories and methodologies may include: 250 ego psychology psychopathology psychological models of offender profiling forensic psychology Egan’s stages of counselling: o Stage 1 – What’s going on? o Stage 2 – What solutions make sense for me? o Stage 3 – How do I get what I need or want? relationship and rapport building assessment establishing goals termination application of psychological theories person-centred therapy solution-focused therapy Maslow’s hierarchy of needs motivational interviewing cognitive-behavioural therapy Gestalt therapy narrative therapy ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Strategies (for working with involuntary clients) may include: Parameters of own role may refer to: VU20856: Apply psychological concepts and principles within justice environments crisis intervention models evidence-based counselling group therapy notion of self-care solution-focused therapy motivational interviewing conflict resolution methodologies degree of authority and responsibility in job role expectation of breadth and depth of role in counselling occasions, such as: o immediate response and/or referral o managing stakeholders and Counselling strategies, informed by psychological theory, may include: significant others expectation of breadth and depth of role in undertaking counselling responses and/or arranging and supporting treatment options individual or team member role protocols and procedures for responding to immediate needs of clients protocols and procedures for referring clients holding of qualifications/experience required to conduct formal and informal counselling sessions/occasions holding of qualifications/experience required to assess health conditions legal requisites regarding qualification requirements to conduct certain functions within justice work access to resources counselling guidelines and protocols, such as: o privacy and confidentiality o statutory reporting requirements engagement techniques, such as: o developing empathy o building o active rapport listening micro-skills, such as: o open and closed questions o paraphrasing o summarising o prompting ©State of Victoria 2012 251 VU20856: Apply psychological concepts and principles within justice environments Relevant people may include: Organisational requirements may refer to: Section C: Units of competency - Adv. Diploma joint decision making problem-solving methodologies developing agreed and realistic goals setting of boundaries debriefing and self-care staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies feminist-informed women’s services and advocacy agencies regulators Indigenous organisations Cultural And Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres policies , procedures and protocols, such as: o approaches to: - therapeutic jurisprudence risk management service provision case management safety planning referral reporting privacy, ethics and codes of practice o formal and informal decision making processes o formal and informal policies o accountability mechanisms o organisational procedures 252 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20856: Apply psychological concepts and principles within justice environments o mechanisms that ensure treatment option is co-ordinated and appropriate action and support is provided and monitored o required resources, such as: - human resources, such as: internal personnel external personnel expert assistance - physical - budgetary - relevant professional development - tools and resources that support rich and deep thinking about issues of client assessment, counselling methodologies, and treatment options, such as: access to research alternative organisational models, processes and dynamics action learning with peers and colleagues Legislative requirements may refer to: relevant international, Federal, State and local government legislative and statutory requirements and provisions Criminogenic factors and behaviours may include: involvement with criminal associates anti-social attitudes anti-social personality patterns, such as: o lack of self-control o risk taking o impulsiveness o poor problem-solving abilities o lack of empathy o narcissistic o anger and hostility issues pro-criminal attitudes factor in offending, such as: o drugs and alcohol abuse o mental health ©State of Victoria 2012 issues mood states previously associated with offending direct access to previous victims inability or unwillingness to think about the consequences of actions lacking pro-social attitudes 253 VU20856: Apply psychological concepts and principles within justice environments Non-criminogenic factors and behaviours may include: Treatment plan may include: Section C: Units of competency - Adv. Diploma (non-predictive of re-offending) factor in offending, such as: financial pressures social or family pressure social isolation unstable accommodation or homelessness illiteracy or language difficulties inadequate education poor employment history lacking job skills or work experience lacking pro-social family or associates lacking pro-social leisure activities lacking identity documentation inadequate or unstable outcome physical or mental barriers to undertaking rehabilitation programs anxiety stress low self-esteem intelligence physical health mental health plan of treatment informed by psychological theories and principles that: o aims to: - address offender issues, such as: psychological mental physical - assist with rehabilitation - reduce probability of recidivism o incorporates critical approach to: - clients’ complex needs - service provision - risk management 254 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20856: Apply psychological concepts and principles within justice environments - safety planning - relationship with organisational environment o contains Specialised groups may include: elements, such as: description / definition / rationale outcomes and goal setting resource requirements and allocation budget completion phases and timelines personnel responsibilities accountabilities communication strategies reporting procedures privacy and confidentiality protocols and procedures privacy and confidentiality rules for destination of information stakeholder analyses stakeholder engagement strategies monitoring and evaluation definitions of success and failure sex offenders aggressive offenders women offenders culturally and linguistically diverse offenders offenders as victims offenders with disabilities, such as: o intellectual o physical o acquired Treatment programs may include: Monitored may refer to: brain injuries offenders with mental health issues offenders who use alcohol and/or other drugs cognitive behaviour programs sex-offender programs drug and alcohol programs violence prevention programs formal and informal record keeping formal and informal reporting procedures formal and informal feedback from: o client ©State of Victoria 2012 255 VU20856: Apply psychological concepts and principles within justice environments Section C: Units of competency - Adv. Diploma o colleagues o external agencies Outcomes reviewed may refer to: and service providers client outcomes, such as: o reduced probability of recidivism o rehabilitation o improved capacity to make own decisions and implement them o improvement in mental health o improvement in physical health o improved relationships o conceptual tools and understanding review processes, such as: o protocols, policies and procedures audit, such as: - privacy and confidentiality - reporting procedures - legislative and statutory requirements o review report allowing for results to be reviewed against prioritised goals o summative evaluation o formative evaluation o feedback from stakeholders and peers o reflexive praxis where future decisions are made using information gained through monitoring 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: developing and implementing counselling strategies to address offender needs across a range of justice contexts developing, monitoring and reviewing an offender treatment plan designed to address offender issues, assist with rehabilitation, and reduce probability of recidivism knowledge of current theories, approaches, debates and practice developments on the application of psychological concepts and principles to justice contexts knowledge of relevant legislative and statutory requirements Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: 256 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Method of assessment Guidance information for assessment VU20856: Apply psychological concepts and principles within justice environments access to suitable simulated or real workplace/learning opportunities access to relevant organisational policies and procedures, current theories, approaches, debates and practice developments, American Psychological Association (APA) referencing system training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project in offender treatment planning evaluation of research project into psychological concepts and principles and their application to analysis of criminality and offender behaviour review of portfolio of research into treatment programs and their efficacy in rehabilitation and/or reduction of probability of recidivism practical exercises in counselling strategies case studies role plays observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20857 Identify and respond to client complex issues within a criminal justice environment o VU20858: Undertake case-management in a justice environment ©State of Victoria 2012 257 VU20856: Apply psychological concepts and principles within justice environments 258 Section C: Units of competency - Adv. Diploma ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20857: Identify and respond to complex issues within a criminal justice environment VU20857: Identify and respond to complex issues within a criminal justice environment Unit Descriptor This unit describes the skills and knowledge required to recognise, respond and refer clients presenting with a range of complex issues within justice contexts. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers responsible for making decisions on immediate, and long-terms service requirements for special needs offenders and victims of crime. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Complex psychological issues and associated behaviours that impact on youth and adult offenders and other clients presenting for justice services are identified and delineated Examine complex issues faced by clients presenting for justice services 1.2 Contemporary theories and discourse on the causes and treatment of psychological issues are critically analysed for application to practice 1.3 Key complexities of alcohol and other drugs use by offenders and other clients presenting for justice services are critically analysed for application to practice 1.4 Indicators of complex issues in individuals and strategies to assist them to recognise complex issues in themselves are identified, evaluated and practised 2. Respond to client complex issues within justice environments 2.1 Models and scholarly debates are researched to inform selection and application of response strategies that address values, attitudes beliefs and stigmas about working with client complex issues 2.2 Ethical requirements for working therapeutically in the justice environment are practised in accordance with legislative and organisational requirements 2.3 Critical self-reflection and professional discourse relevant to limitations of role of the justice worker when responding to a range of complex issues is undertaken in consultation with relevant people ©State of Victoria 2012 259 VU20857: Identify and respond to complex issues within a criminal justice environment Section C: Units of competency - Adv. Diploma 2.4 Collaborative relationships with a range of relevant professionals to facilitate and support client recovery and relapse prevention are developed and maintained 2.5 Referrals are made to relevant support service/s and information is provided to both client and service personnel in accordance with ethical, organisational and legislative requirements 3. Monitor and review response strategies 3.1 Self-care strategies and frameworks for working with client complex issues are developed, practised and monitored 3.2 Services, support and resources are regularly monitored against planned goals and objectives 3.3 Periodic adjustments to services, supports and resources, as required to best meet planned goals and objectives, are implemented 3.4 Outcomes are critically reviewed in consultation with relevant people, and where possible in conjunction with client, and findings documented according to organisational and legislative requirements 3.5 Findings are used to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills 260 communication skills to work with clients, colleagues, management, relevant experts and/or external stakeholders across a range of relevant contexts interpersonal communication skills to work with a complexity of clients in the criminal justice system problem-solving and communication skills to work cooperatively with clients communication and counselling skills to engage clients with multiple and complex issues research methodology and critical analysis skills to identify, source, document, and evaluate perspectives and practices relevant to responding to clients with complex needs research and critical analytical skills to identify and evaluate perspectives and practices on professional practice in addressing client complexity within justice environments communication, advocacy and leadership skills to work effectively with own and other relevant organisations literacy and technical writing skills to prepare documents and present reports organisational skills to manage timelines, agreed outcomes and contingency planning critical reflection and problem-solving skills to manage own values and beliefs and value conflicts with clients critical reflection skills to evaluate own performance and develop effective self-care approaches communication and analytical skills to monitor and evaluate efficacy of responses to client complexity ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20857: Identify and respond to complex issues within a criminal justice environment Required Knowledge psychological theories, debates and discourse on factors that influence, shape and/or determine mental illness psychological theories, debates and discourse on key indicators of mental illness and substance abuse and addiction relevant treatment orders in the criminal justice system contemporary debates and discourse on counselling theories and practices contemporary debates and discourse on trends in treatment options contemporary debates and discourse on models of crisis intervention range of treatment options, programs, services and resources available to clients relevant organisational policies and procedures including documentation requirements and practices American Psychological Association (APA) referencing system risk management safe work practices 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 in the performance criteria is detailed below. Complex psychological issues may include: mental health issues such as o depression o bi-polar disorder o anxiety o psychosis o schizophrenia o post-traumatic stress disorder o borderline personality disorder o anti-social personality disorder o suicide and self-harm ©State of Victoria 2012 acquired brain injury intellectual disability addiction trauma responses suicide and self-harm mental health disorders acquired brain injury abuse and domestic violence alcohol and other drugs other issues related to violence mental illness causes of mental illness amongst offenders 261 VU20857: Identify and respond to complex issues within a criminal justice environment Associated behaviours may include: Contemporary theories and discourse (on the causes and treatment of psychological issues) Section C: Units of competency - Adv. Diploma effects of social stigma associated with mental illness sexual assault suicide self-harm patterns of alcohol use patterns of drug use effects of alcohol and drug abuse Psychoanalysis, such as: o Freud o Jung o Adler o Woodman o Johnson Defence mechanisms, such as: o Munsterberg Humanist, such as: o Rogers o Perls o Yalom o May o Frankl Cognitive, such as: o Ellis o Beck o Cognitive dissonance theory Behaviourism, such as: o Watson o Skinner Key complexities of alcohol and other drugs use may refer to: 262 ego psychology psychopathology psychological models of offender profiling forensic psychology dynamics of addiction to substances o types of drugs, such as: - depressants, such as: - alcohol ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20857: Identify and respond to complex issues within a criminal justice environment - opiates and opioids cannabis sedatives barbiturates solvents and inhalants o stimulants, - such as: tobacco caffeine amphetamines ephedrine cocaine ecstasy o hallucinogens, such as: - LSD - mescaline Indicators (of complex issues) may include: use of violence: o physical o verbal o psychological Response strategies may include: poor impulse control complex behaviours abnormal behaviours risk factors for suicide victimisation research and scholarly debates on responses to complex behaviours, such as: o theoretical frameworks o programmatic o civil Legislative requirements may refer to: ©State of Victoria 2012 frameworks and criminal responses models of crisis intervention communication skills setting of boundaries self-care strategies suicide risk assessment strategies to work with AOD abuse relevant international, Federal, State and local government legislative and statutory requirements and provisions 263 VU20857: Identify and respond to complex issues within a criminal justice environment Organisational requirements may refer to: Section C: Units of competency - Adv. Diploma policies , procedures and protocols, such as: o approaches to: - therapeutic jurisprudence risk management service provision case management safety planning referral reporting privacy, ethics and codes of practice o formal and informal decision making processes o formal and informal policies o accountability mechanisms o organisational procedures o mechanisms that ensure response is co-ordinated and appropriate action and support is provided and monitored o required resources, such as: - human resources, such as: internal personnel external personnel expert assistance - physical - budgetary - relevant professional development - tools and resources that support rich and deep thinking about issues of recognition, response and referral for client complex issues, such as: access to research alternative organisational models, processes and dynamics action learning with peers and colleagues Critical self-reflection may refer to: use of critical social theory(ies) to analyse own professional practice analysis of own place in relation to: o intra and 264 inter organisational power relationships o debates and policy critiques of family violence o feminist and other critical theories power relations in everyday work practices ideologies related to mental illness approaches to self-reflection ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Professional practice and discourse may include: VU20857: Identify and respond to complex issues within a criminal justice environment institutional procedures and protocols, such as: o formal and informal relations between staff o formal and informal relations between staff and clients o formal and informal records and record keeping o formal and informal rules o formal and informal roles of both individual and group o formal and informal organisational cultural norms, beliefs and practices everyday practices, such as: o problem-solving o organisational procedures o interpersonal o formal and communication (verbal and written) informal planning and evaluation processes development, contestation and adherence to organisational cultural norms and beliefs discourse on common concepts about complex issues that are often in use by agencies and authorities, such as: o violence as incident-specific, injurious and non-gendered o functionalist, medical or individualised explanations for complex issues o service provision and rational planning o meeting target group needs o managing risk o key performance indicators discourse on common research, such as: o that which measures incidence of client complex issues o intra-psychic or personality-based explanations discourse on assumptions and taken-for-granteds, such as: o views about dynamics of complex issues that appear to be true or natural o views about ways to respond or intervene in complex issues that appear to be true or natural Relevant people may include: ©State of Victoria 2012 staff colleagues clients management community representatives experts advisors sector professionals 265 VU20857: Identify and respond to complex issues within a criminal justice environment Range of relevant professionals may include: Referrals may include: Section C: Units of competency - Adv. Diploma consultants health and help agencies feminist-informed women’s services and advocacy agencies regulators Indigenous organisations Cultural And Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres psychologists mental health workers doctors prison officers case managers judiciary court liaison officers lawyers mental health practitioner/s appointed by court police local and specialist support services organisation frameworks to: o assist in communicating with clients to gather information o conduct preliminary enquiries to assist in appropriate referral Information may refer to: awareness of local and specialist support services and organisation procedures critical analysis of attitude versus behavioural change programmes information provided to support service, such as: o confidential o reports client information and case notes o proposed course of action information provided to client, such as: o appointment dates and times, locations and follow up appointments o information on o appeals and o checks 266 nature of service and what to expect complaints mechanisms that information is understood ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Self-care strategies and frameworks may refer to: VU20857: Identify and respond to complex issues within a criminal justice environment socially informed self-care approach, such as: o being aware of risk of self-surveillance o approach to self-care that considers structural and institutional constraints and recognises contradictory and fragmented concepts of self Monitored may refer to: Outcomes may refer to: stress management debriefing mechanisms privacy issues of own and support agency regular monitoring record keeping reporting systems progress journal reflective journal documents, charts and templates designed to map progress forms or reports for feedback from relevant people client outcomes, such as: o reduced probability of relapse o rehabilitation o improved capacity to make own decisions and implement them o improvement in mental health o improvement o improved in physical health relationships o conceptual tools and understanding Critically reviewed may refer to: ©State of Victoria 2012 review report allowing for results to be reviewed against prioritised goals summative evaluation formative evaluation feedback from stakeholders and peers reflexive praxis where future decisions are made using information gained through monitoring 267 VU20857: Identify and respond to complex issues within a criminal justice environment Section C: Units of competency - Adv. Diploma 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: recognising and responding to client complex issues according to organisational and legislative requirements monitoring and reviewing response strategies to inform future practice knowledge of current theories, approaches, debates and practices about effective responses to client complex issues in justice contexts knowledge of relevant legislative and statutory requirements Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: Method of assessment 268 access to suitable simulated or real workplace/learning opportunities access to relevant psychological theories, approaches, debates, organisational policies and procedures and the American Psychological Association (APA) referencing system training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of an action learning project on recognition and response strategies to complex client needs within justice contexts evaluation of research project in complex issues faced by clients presenting for justice services evaluation of research project into causes and effects of alcohol and other drug use with particular reference to offenders within the Victorian criminal justice system review of portfolio of research into special service provisions and their efficacy in treating client complex issues practical exercises in response strategies ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Guidance information for assessment VU20857: Identify and respond to complex issues within a criminal justice environment case studies role plays observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20856: Apply psychological concepts and principles within justice environments o VU20858: Undertake case-management in a justice environment ©State of Victoria 2012 269 VU20857: Identify and respond to complex issues within a criminal justice environment 270 Section C: Units of competency - Adv. Diploma ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20858: Undertake case-management in a justice environment VU20858: Undertake case-management in a justice environment Unit Descriptor This unit describes the skills and knowledge required to conduct client assessment, plan, implement and monitor suitable case-management for clients within justice contexts. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers/case managers responsible for conducting client assessment and subsequently developing, implementing and monitoring and reviewing casemanagement plans within justice environment contexts. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. Review case1.1 Current approaches to case-management processes are management process researched and critically analysed in legal environments 1.2 Complex client issues are identified and feasible responses in justice contexts researched 1.3 Complex legal, ethical and budgetary issues pertaining to aspects of case-management process are addressed 1.4 Processes for monitoring and changing case-management plan are established according to organisation requirements and in consultation with relevant people 2. Conduct client assessment 2.1 Critical review of assessment processes and protocols is undertaken to inform preparation for assessment 2.2 Client is interviewed using communication strategies to assist client engagement and collaboration 2.3 Appropriate referrals, information and advocacy are provided in accordance with ethical, organisational and legislative requirements 2.4 Client assessment information is recorded in accordance with ethical, organisational and legislative requirements ©State of Victoria 2012 271 VU20858: Undertake case-management in a justice environment 3. Develop and implement casemanagement plan Section C: Units of competency - Adv. Diploma 3.1 Relevant client assessment information is accessed and used to inform case-management plan 3.2 Client management plan is developed, and goals set, in conjunction with client 3.3 Level of case-management support required to implement casemanagement plan is estimated in consultation with relevant people 3.4 Collaborative relationships with other support/treatment services are developed and maintained to ensure high-quality client outcomes 4. Monitor and review case-management 4.1 Planned services, support and resources are regularly monitored against planned goals and objectives 4.2 Periodic adjustments to services, supports and resources, as required to best meet client-identified goals, are implemented 4.3 Client outcomes are evaluated, where possible in conjunction with client, and in consultation with relevant people 4.4 Findings are used to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills interpersonal communication skills to work with a complexity of clients, colleagues, management, and stakeholders across justice contexts communication and interview skills to conduct client assessment interviews that engage client participation and decision making negotiation and problem-solving skills applied to case-management that is informed by analysis of diversity, complexity and client-centred approaches research methodology and critical analysis skills to identify, source, document, and evaluate perspectives, practices and discourses relevant to contemporary justice system issues research and analytical skills to determine effective case-management planning, monitoring and review interpersonal communication and interview skills to develop case-management processes that address complex client needs communication, advocacy and leadership skills to work effectively with own and other relevant organisations literacy and technical writing skills to prepare documents and present reports organisational skills to manage timelines, agreed outcomes and contingency planning critical reflection skills to evaluate own performance and develop effective self-care approaches communication and analytical skills to evaluate efficacy of case-management plan 272 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20858: Undertake case-management in a justice environment Required Knowledge relevant international, Federal, State and local government legislative and statutory requirements and provisions relevant critical social theory and its application to case-management in justice environments critical analysis of case-management models and practices literature characteristics and issues of identified client population range of services and resources available to clients funding processes organisational case-management policies and practices including client complaint and appeal processes documentation requirements and practices risk management safe work practices 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 in the performance criteria is detailed below. Approaches may refer to: theory and practice frameworks client-centred application of social theory theory-driven /practice-driven approaches application of link between theory and practice such as: o an approach to choosing and applying knowledge or theories that recognises the case management practice within justice context paradigm o critical understanding of theory-practice relationship in human service work range of hegemonic ideas, ideologies and assumptions encompassed in common approaches, including: o best practice o effectiveness and efficiency o evidence-based practice o social inclusion/exclusion o risk management o attachment ©State of Victoria 2012 models 273 VU20858: Undertake case-management in a justice environment Case-management process may include: Section C: Units of competency - Adv. Diploma goal setting treatment/action planning time frames timelines, targets, and milestones formal and ad hoc on-going review points monitoring processes record keeping and documentation requirements, such as: o case notes o case plan reports budgetary requirements funding interpersonal communication strategies use of social support complex legal and ethical issues contingencies, such as: o failure of process o complaints complaints and appeals procedures strategies for achieving outcomes, such as: o task-centred practice o client-centred practice o problem-solving strategies o awareness and responses client diversity and complexity of clients’ experiences o five phase approach to problem-solving: - phase 1: Assessment - phase 2: Setting Objectives - phase 3: Planning Interventions - phase 4: Monitoring and Implementing Interventions - phase 5: Termination Critically analysed may refer to: strategies for dealing with complex and high risk situations case closure procedures application of range of critical theories that seek to uncover social structural power inequalities and ideologies, including: o feminism o neo-Marxism o queer 274 theory ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20858: Undertake case-management in a justice environment o structural race theories o work of the Frankfurt school of social enquiry diversity of clients’ experience, such as: o social structural causes and influence on personal problems, such as: - social and economic class - gender institutions - race o material conditions o dominant framing of normalcy and deviance o ideological restrictions o lack of power or opportunity o experience of oppression o awareness of limitations of the authority of experience o application of critical theory to diversity discourse complexity of clients experiences, such as: o understanding singular issues and interplay between issues, such as: - mental health housing living skills legal medical rural regional Indigenous migrant /CALD age feminist postmodern ambivalence to identity politics impact of managerialism on planning and practice, such as: o focus on outputs and efficiency measures o technocratisation o state control o as Complex client issues may refer to: ©State of Victoria 2012 of professionalism and surveillance of workers and clients a budget control mechanism critical theories that question ideologies and institutional practices implicated in sustaining social injustice awareness of power relationship between client and assessor awareness of the impact of gender relations and patriarchy where a number of different organisations are providing support people for whom immediate social context has impact in 275 VU20858: Undertake case-management in a justice environment Section C: Units of competency - Adv. Diploma linear or non-linear ways people with and special needs of clients, such as: o mental impairment o age o complex physical o complex psychological issues / forensic clients o chronic Feasible responses may refer to: Processes for monitoring and changing (casemanagement plan) may refer to: and serious drug addiction people who have been involved with protective and custodial agencies over a length and/or sustained period treatment options assessment tools and treatment options for forensic clients /clients with psychological issues capacity for client-centred approaches to problem-solving and case-management formal and informal monitoring records, such as: o case notes o case-management reports o journals mechanisms for re-visiting client assessment, provision of ongoing support and co-ordination of case-management plan, such as: o formal briefings on client progress o access to specialist expertise for secondary consultations, advice or assessment o joint assessment o case o use conferencing of specialist assessment approaches formal and informal feedback from: o client o colleagues o external agencies Organisational requirements may refer to: 276 and service providers policies , procedures and protocols, such as: o approaches to: - risk management service provision case management safety planning referral ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20858: Undertake case-management in a justice environment - reporting - privacy, ethics and codes of practice o formal and informal decision making processes o formal and informal policies o accountability mechanisms o organisational procedures o mechanisms that ensure treatment option is co-ordinated and appropriate action and support is provided and monitored o required resources, such as: - human resources, such as: internal personnel external personnel expert assistance - physical - budgetary - relevant professional development - tools and resources that support rich and deep thinking about issues of client assessment, treatment options and case management, such as: access to research alternative organisational models, processes and dynamics action learning with peers and colleagues Relevant people may refer to: ©State of Victoria 2012 staff colleagues clients management community representatives experts advisors sector professionals consultants health and help agencies feminist-informed women’s services and advocacy agencies Indigenous organisations Cultural and Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies 277 VU20858: Undertake case-management in a justice environment Critical review, of assessment processes and protocols, may refer to: Section C: Units of competency - Adv. Diploma community legal centres regulators key bureaucrats and politicians critical understanding of common rational/instrumental approaches critical analysis of assessment processes, such as: o risk assessment o recording procedures o assessment tools, such as: - interview guidelines - protocols - negotiation regarding practicalities of assessment o assessment reports o destination of information problem-solving in conjunction with client critical analysis of diversity and complexity of clients’ needs awareness of relative powerlessness experienced by clients entering a complex and contested relationship with casemanagement professionals awareness of power relations, such as: o avoiding instrumental bureaucratic administrative processes tending to goal displacement and inappropriate unrealistic outcome claims o range of ways that identification clients’ complex needs can be avoided or sidelined in the assessment process o client-centred o critical approach as control and surveillance understanding of risk assessment processes o critical understanding of contradictory outcomes of ‘client empowerment’ critical analysis of self-reflection, such as: o pitfalls of negative analysis of own professional practice o unrealistic o power expectations relations in everyday work practices o ideologies around client issues o application of social theory to analyse own professional practice Communication strategies may include: interview guidelines and protocols, such as: o privacy and confidentiality o statutory reporting 278 requirements engagement techniques joint decision making strategies ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20858: Undertake case-management in a justice environment setting of boundaries problem-solving methodologies developing agreed and realistic goals Legislative requirements may refer to: relevant international, Federal, State and local government legislative and statutory requirements and provisions Client outcomes may refer to: health (mental and physical) safety freedom improved capacity to make own decisions and implement them shelter improved relationships conceptual tools and understanding 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: developing and implementing a case-management plan for a client within a justice context monitoring a case-management process using evaluation of outcomes to inform future practice knowledge of case-management processes and approaches knowledge of relevant legislative and statutory requirements Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to: o suitable simulated or real workplace/learning opportunities o relevant international, Federal, State and local legislative and regulatory requirements and provisions o relevant critical social theory, case-management policies and practices, organisational policies and procedure Method of assessment ©State of Victoria 2012 training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are 279 VU20858: Undertake case-management in a justice environment Section C: Units of competency - Adv. Diploma appropriate for this unit: Guidance information for assessment evaluation of a case-management project evaluation of research project on principles and supporting theories of case-management evaluation of research project into approaches to casemanagement and support for clients with complex issues within justice contexts case studies role plays practical exercises observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20851: Apply research techniques within justice contexts o VU20856: Apply psychological concepts and principles within justice environments 280 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s Unit Descriptor This unit describes the skills and knowledge required to determine needs of clients experiencing justiciable event/s and advocate on their behalf in arranging legal representations and support services. This includes an examination and analysis of the legal and support services and focuses on how to arrange legal representation by one of these legal services for a justice client. It also examines and applies the main areas of law and justiciable issues encountered by justice clients when working in a paralegal environment. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice officers within a range of justice environments who are responsible for managing and advocating on behalf of justice clients with justiciable issues through legal and support services available to socially, economically and culturally marginalised indigent/ impecunious justice clients. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Client situation is determined and documented Identify client requirements for justiciable event/s and apply relevant law 1.2 Justiciable event/s relevant to the client’s situation are differentiated 1.3 Differentiated legislation applicable to justiciable event/s is sourced 1.4 Differentiated common law relevant to the legislation applicable to justiciable event/s is sourced 1.5 Legislation and common law are applied to justiciable event/s 2. Advocate for clients experiencing justiciable event/s to determine support arrangements 2.1 Models and theories of advocacy for clients experiencing justiciable event/s are examined and debated 2.2 Advocacy and support approach is developed and documented according to organisational requirements 2.3 Legal and support services available to justice clients are sourced, evaluated and determined, in consultation with relevant people ©State of Victoria 2012 281 VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s Section C: Units of competency - Adv. Diploma 2.4 Guidelines of legal service providers in relation to justice clients are ascertained and followed in arranging legal representation 3. Monitor and review advocacy and support approach 3.1 Legal and support services are regularly monitored against stated requirements, objectives and obligations, and any necessary periodic adjustments implemented 3.2 Outcomes are reviewed in conjunction with client and relevant people and findings documented according to organisational requirements 3.3 Findings are used to inform future practice EQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant experts and/or external stakeholders across a range of relevant contexts interpersonal and problem-solving skills to work objectively and co-operatively with a complexity of clients in the criminal justice system advocacy and leadership skills to work with stakeholders and legal and support service providers on behalf of justice clients research methodology and critical analysis skills to identify, source, document, evaluate and perspectives, practices and discourses relevant to responding to justiciable events analytical skills to differentiate justiciable events research and analytical skills to source evaluate and integrate legislation, case law and common law provisions relevant to differentiated justiciable events communication, advocacy and leadership skills to work effectively with own and other relevant organisations literacy and technical writing skills to prepare documents and present reports organisational skills to manage timelines, agreed outcomes and contingency planning problem-solving skills to identify risks, contingencies and opportunities for improvement in advocacy practices and legal and support arrangements analytical, evaluation skills to access data and seek feedback from others to inform future practice Required Knowledge 282 relevant International, Federal, State and local government legislative and statutory requirements and provisions concept justiciable event/s and methodology for differentiating them current models, theories and debates on approaches to advocacy for clients experiencing justiciable event/s ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s characteristics and issues of identified client/s range of services and resources available to specific client groups guidelines of legal service/s providers risk management safe work practices 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 in the elements and performance criteria is detailed below. Client situation may refer to: nature of circumstances of a justice client that may be the result of escalation of issues, such as the following examples: o person experiencing breakdown of their mental health that has lead to homelessness o mental incapacity that has lead to loss of self-determination through imposition of guardianship/administration diversity of client experience that may underpin escalation of justice related issues, such as: o material conditions o dominant framing of normalcy and deviance o social structural causes and influence on personal problems, such as: - social and economic class - gender institutions - race o ideological restrictions o lack of power or opportunity o experience of oppression o social, economic and cultural marginalisation Justiciable event/s may refer to: ©State of Victoria 2012 happenings and circumstances that raise legal issues issues that can be decided by a court criminal civil tenancy, housing and homelessness guardianship and administration mental health intervention orders neighbourhood disputes motor vehicle accidents credit and debt youth law child protection victims of crime 283 VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s Differentiated may refer to: Section C: Units of competency - Adv. Diploma Steps in differentiation: o client situation is a justiciable event/s o identifying type of justiciable event/s o justiciable event is unpacked – complexity of presenting issues and occurrences o review of legislation to applicable to justiciable event/s o review of common law to applicable to justiciable event/s o select appropriate legislation and common law to justiciable event/s Legislation may refer to: Models and theories of advocacy may include: Crimes Act Wrongs Act Residential Tenancies Act Guardianship and Administration Act Children, Youth, and Families Act Family Violence Protection Act Personal Safety Act Mental Health Act Victims of Crime Act informed by relevant critical theory application of possible theoretical frameworks used to explain workings of advocacy strategies models of advocacy that describe preferred: o relations o roles o rules o goals o norms o beliefs articulates relationship with organisational environment addresses: o power relations o relations Advocacy and support approach may refer to: with clients and other agencies processes and protocols to identify and assess justiciable events issues, such as: o privacy o access to client information o recording procedures o interview guidelines 284 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s advocacy strategies that are: o client-centred o client-focused advocacy strategies that address: o resourcing and budgetary requirements o use of social support o use of interpersonal communication strategies o complex legal and ethical issues o contingencies, such as - process failure Organisational requirements may refer to: professional networking and alliance building strategic communication provoking debate among practitioners negotiating implementation of changes to practices, policies and procedures and promote to gain support developing, negotiating, and promoting critical analysis skills to guide organisational and personal practice identifying potential sources of conflict with holders of power and planning to address such conflict policies , procedures and protocols, such as: o approaches to: - risk management service provision case management safety planning referral reporting privacy, ethics and codes of practice o formal and informal decision making processes o formal and informal policies o accountability mechanisms o organisational procedures o mechanisms that ensure advocacy approach is co-ordinated and appropriate action and support is provided and monitored o required resources, such as: - human resources, such as: internal personnel external personnel expert assistance ©State of Victoria 2012 285 VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s - Legal Services may include: Support services may include: Relevant people may refer to: 286 Section C: Units of competency - Adv. Diploma physical budgetary relevant professional development tools and resources that support rich and deep thinking about issues of recognition, response and referral for client complex issues, such as: access to research alternative organisational models, processes and dynamics action learning with peers and colleagues Community Legal Centres (CLCs) Specialist Community Legal Centres Victoria Legal Aid (VLA) Law Institute of Victoria Legal Referral Scheme private practitioners drug and alcohol housing disability mental health Cultural And Linguistically Diverse (CALD) Indigenous Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) medical psychiatric and psychological literacy and language employment family violence services domestic violence services children services victims of crime staff colleagues clients management community representatives experts ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Guidelines of legal service providers may refer to: VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s advisors sector professionals consultants feminist-informed women’s services and advocacy agencies Indigenous organisations Cultural and Linguistically Diverse (CALD) organisations Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres regulators Victoria Legal Aid Guidelines o merits test o means test o special circumstances guidelines o documentary evidence Monitored may refer to: Outcomes may refer to: Reviewed may refer to: ©State of Victoria 2012 privacy issues of own and external agency regular monitoring record keeping reporting systems progress journal reflective journal documents, charts and templates designed to map progress forms or reports for feedback from relevant people health (mental and physical) safety freedom improved capacity to make own decisions and implement them shelter improved relationships conceptual tools and understanding review report allowing for results to be reviewed against prioritised goals summative evaluation formative evaluation 287 VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s Section C: Units of competency - Adv. Diploma feedback from stakeholders and peers 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit Context of and specific resources for assessment A person who demonstrates competency in this unit must provide evidence of: differentiating justiciable event/s in order to apply relevant legislation and common law developing and implementing an advocacy and support approaches that responsd to justice client/s experiencing justiciable event/s knowledge of advocacy and support approach methodologies applicable to justice environments knowledge of relevant legislation and common law Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to o suitable simulated or real workplace/learning opportunities o relevant legal and common law o relevant case law o relevant international, Federal, State and local legislative and regulatory requirements and provisions o relevant Method of assessment training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: 288 advocacy and support approach methodologies evaluation of project in determining legislation and/or common law applicable to justiciable event/s evaluation of research project into origins of justiciable event/s review of portfolio of research advocacy methodologies applicable to justiciable event/s practical exercises differentiation of justiciable event/s other practical exercises observation oral and written questioning presentations ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Guidance information for assessment ©State of Victoria 2012 VU20859: Apply law and advocacy to support justice clients experiencing justiciable event/s third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. 289 VU20860: Work with young offenders in justice environments Section C: Units of competency – Adv. Diploma VU20860: Work with young offenders in justice environments Unit Descriptor This unit describes the skills and knowledge required to determine, implement and review ethical strategies for working with young offenders in the justice system. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication. Employability Skills The required outcomes described in this unit of competency contain applicable facets of Employability Skills. The Employability Skills Summary of the qualification in which this unit is included will assist in identifying employability skill requirements. Application of the Unit This unit supports the work of justice workers responsible for developing and implementing strategies to support and care for young offenders and/or children under protection within the Victorian legal system. Practitioners are typically focus on ethical approaches to protecting the rights of children and young people through protocols, reporting, and review of the provision of services. ELEMENT PERFORMANCE CRITERIA Elements describe the essential outcomes of a unit of competency. Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge and/or the range statement. Assessment of performance is to be consistent with the evidence guide. 1. 1.1 Historical and contemporary developments in youth justice work are researched and discussed Examine youth justice systems and provisions 1.2 Contemporary theories and discourse on the causes and treatment of youth offending are reviewed for application to practice 1.3 Current legislative framework for youth justice are delineated 1.4 Out of home care and detention options for children and young people are examined 2. Respond to young offenders and children at risk within justice contexts 2.1 Treatment programs and support services for young offenders and children at risk are identified and evaluated against client needs 2.2 Supervision practices and strategies that are children- and young people-focused are determined and applied 2.1 Prevention strategies for re-offending behaviours are determined applied 2.2 Key practice standards within youth justice are reviewed 290 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma 3. Apply ethical practices that protect the rights of children and young people VU20860: Work with young offenders in justice environments 3.1 Protocols and duty of care compliance requirements for working with children and young people are identified and applied 3.2 Confidentiality compliance requirements are strictly maintained 3.3 Strategies for addressing and/or reporting ethical concerns about work practices around children and young people are developed in consultation with relevant people 4. Monitor and review response strategies 4.1 Services, support and resources are regularly monitored against stated requirements, objectives and obligations, and any necessary periodic adjustments implemented 4.2 Outcomes are critically reviewed in consultation with relevant people, and where possible in conjunction with client, and findings documented according to organisational and legislative requirements 4.3 Findings are used to inform future practice REQUIRED SKILLS AND KNOWLEDGE This describes the essential skills and knowledge, and their level, required for this unit. Required Skills communication skills to work with clients, colleagues, management, relevant experts and/or external stakeholders across a range of relevant contexts interpersonal and problem-solving skills to maintain professional boundaries in working with children and young people profession practice skills to uphold duty of care requirements advocacy and leadership skills to work with stakeholders and legal and support service providers on behalf of young offenders and children at risk research and analytical skills to identify, source, document, evaluate and perspectives, practices and discourses relevant to responding to and supervising young offenders literacy and technical writing skills to prepare documents and present reports analytical, and self-evaluation skills to apply principles of ethical decision-making problem-solving skills to identify risks, contingencies and opportunities for improvement in work practices related to young offenders analytical, evaluation skills to access data and seek feedback from others to inform future practice ©State of Victoria 2012 291 VU20860: Work with young offenders in justice environments Section C: Units of competency – Adv. Diploma Required Knowledge relevant International, Federal, State and local government legislative and statutory requirements and provisions youth justice system of Victoria range of services and resources available to specific client groups scholarly debates and theories on development and causes of criminality and youth offending ethical approaches that incorporate the conventions on the rights of the child, and human rights principles of ethical decision-making responsibilities to clearly define worker and client roles and responsibilities in regard to ethical conduct and professional relationship boundaries duty of care responsibilities relevant requirements and processes for notifying and reporting safe work practices 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 in the performance criteria is detailed below. Historical and contemporary developments may refer to: structure and functions of legal provisions and justice services for young offenders development and functions of the Children’s Court development and functions of Dual Track approaches patterns and trends in youth offending, such as: o age to crime category o circumstances contemporary sentencing models, such as: o family models o community models o diversionary Contemporary theories and discourse may include: sentencing options role of sentencing sentencing hierarchy factors that influence criminality, such as: o history of o parent’s child abuse characteristics o poor child-parental o life attachment stressors o biological factors 292 ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20860: Work with young offenders in justice environments o psychological factors o family factors o lack of education o unemployment o underemployment o homelessness o inequality concepts of developmental stage of young persons and teenagers by age and gender offending patterns and trends sociological perspectives psychoanalytic and psychological theories criminological theories, such as: o classical o positivist o strain o labelling o conflict o social disorganisation theory o deviance theory o youth subculture and delinquency theory o feminist theory Current legislative framework may include: links between criminological theories and policy development relevant international, Federal, State and local government legislative and statutory requirements and provisions Current legislation and orders, such as: o Children, o relevant Youth and Families Act (2005) Youth Justice Orders sentencing hierarchy youth justice services, such as: o juvenile justice o juvenile forensic health role and function of the children’s court Dual Order and Dual Track status approaches, such as: o welfare o justice model model o restorative ©State of Victoria 2012 justice model 293 VU20860: Work with young offenders in justice environments Out of home care and detention options may refer to: Treatment programs and support services may include: 294 Section C: Units of competency – Adv. Diploma youth residential centres youth justice centres secure welfare residential units foster care kinship care group homes lead tenant supported accommodation options courts Child Protection Youth Justice youth justice centres children services victims of crime secure welfare centres residential unit staff foster care agencies family support agencies family violence services domestic violence services Alcohol and Other Drugs (AOD) services housing services mental health services health services anger management programs education and vocational training police case managers local and specialist support services disability Cultural And Linguistically Diverse (CALD) Indigenous Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) literacy and language services ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma VU20860: Work with young offenders in justice environments male adolescent program for positive sexuality (MAPPS) adolescent forensic health services Supervision practices and strategies may refer to: informed by critical theory application of possible theoretical frameworks use to explain strategies for working with youth offenders and child protection articulate relationship with organisational environment addresses: o power relations o relations with clients and other agencies legal, social and ethical obligations communication skills setting of boundaries self-care strategies suicide risk assessment client assessment and case management co-ordination of linkages with other services, agencies and personnel strategies to work with Alcohol and Other Drugs (AOD) abuse crisis intervention strategic planning that describe preferred: o relations o roles o rules o goals o norms o beliefs development, contestation and adherence to organisational cultural norms and beliefs risk management professional networking everyday practices, such as: o problem-solving o organisational procedures o interpersonal o formal and Children- and young people-focused work practices may refer to: ©State of Victoria 2012 communication (verbal and written) informal planning and evaluation processes age-appropriate communication skills awareness and sensitivity to children and young persons’ needs inclusiveness of children and young people in participatory 295 VU20860: Work with young offenders in justice environments Section C: Units of competency – Adv. Diploma decision-making process Prevention strategies may refer to: making special allowances to met needs of children and young people taking account of developmental stages of young people by age and gender ways of engaging children and young people observance and presence of children and young people as primary clients client-centred approaches to risk assessment and casemanagement clearly defining ethical conduct and setting of professional relationship boundaries for justice officer early intervention approaches developmental prevention pre- and postnatal theories and their contribution to the prevention of crime diversionary programs police youth liaison officers community youth programs impact of Dual Order and Dual Track status deterrent of punishment target-hardening approaches technology used to control/reduce opportunity for crime, such as: o surveillance o detection o architectural design Key practice standards may refer to: Protocols and duty of care may refer to: 296 to reduce risk/increase safety environment design/ urban planning to reduce risk/increase safety protocols manuals practice standards set by Department of Human Services assessment case planning pre-sentence reports client service plans client assessment plans working with children police check supervision practices, strategies and obligations ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Confidentiality may refer to: Addressing ethical concerns may refer to: Reporting ethical concerns may refer to: VU20860: Work with young offenders in justice environments safety requirements and obligations responsibility for physical and/or mental well-being and safety children- and young people-focused work practices privacy regulations confidentiality procedures privacy protocols limits to confidentiality ethical decision making awareness of own values, perceptions and beliefs in order to maintain objectivity following legal and organisational provisions reporting appropriate person, such as: o supervisor o manager o team Leader o senior Worker Ethical concerns may include: mandatory reporting requirements and processes unethical behaviours, such as: o assault o physical and psychological abuse o witnessing Relevant people may include: ©State of Victoria 2012 abuse of others o breaches of privacy and confidentiality o breaches of protocols issues of duty of care legal and regulatory issues possible contestation to organisational cultural norms and beliefs staff colleagues clients management community representatives experts advisors sector professionals consultants feminist-informed women’s services and advocacy agencies Indigenous organisations Cultural and Linguistically Diverse (CALD) organisations 297 VU20860: Work with young offenders in justice environments Monitored may refer to: Outcomes may refer to: Section C: Units of competency – Adv. Diploma Lesbian, Gay, Bisexual, Transgender, Intersex and Queer (LGBTIQ) organisations disability rights agencies community legal centres privacy issues of own and external agency regular monitoring record keeping reporting systems progress journal reflective journal documents, charts and templates designed to map progress forms or reports for feedback from relevant people client outcomes, such as: o reduced probability of relapse o rehabilitation o improved capacity to make own decisions and implement them o improvement in mental health o improvement in physical health o improved relationships o conceptual tools and understanding o safety o shelter Critically reviewed may refer to: review report allowing for results to be reviewed against prioritised goals summative evaluation formative evaluation feedback from stakeholders and peers 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 of this qualification. Critical aspects for assessment and evidence required to demonstrate competency in this unit 298 A person who demonstrates competency in this unit must provide evidence of: developing and implementing treatment and/or supervision strategies, for young offender clients within justice environments application of key practice standards, relevant legislation and ethical requirements to development and implementation of strategies monitoring and reviewing of implementation to order to make any necessary adjustments and to inform improved future practice ©State of Victoria 2012 Section C: Units of competency – Adv. Diploma Context of and specific resources for assessment VU20860: Work with young offenders in justice environments knowledge of current theories, approaches, debates and practices about effective and ethical responses to young offenders in justice contexts knowledge of relevant legislative and statutory requirements Assessment must ensure: activities are related to a Justice environment context Resources implications for assessment include: access to: o suitable simulated or real workplace/learning opportunities o relevant international, Federal, State and local legislative and regulatory requirements and provisions o relevant Method of assessment Guidance information for assessment ethics policy and privacy rules training staff need to adhere to the ethics policies and privacy rules when interacting with or attending correctional institutions, courts, and policing/law enforcement premises A range of assessment methods should be used to assess practical skills and knowledge. The following assessment methods are appropriate for this unit: evaluation of project in the provision of services for young offenders evaluation of project in young people-focused supervision practises and strategies for young offenders evaluation of and evaluative research project into definitions and causes of youth offending and legal and societal responses practical exercises observation oral and written questioning presentations third party reports Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended. Suggested units may include but are not limited to: o VU20857: Identify and respond to client complex issues within a criminal justice environment ©State of Victoria 2012 299