Assessor Resource

AURALA001
Comply with legal aspects of a service and repair contract in an automotive workplace

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the performance outcomes required to act within legal and ethical boundaries of a service and repair contract when dealing with customers, implement measures to avoid disputes, and resolve disputes that do occur.

It applies to those working in the automotive service and repair industry.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

Elements

Elements describe the essential outcomes.

Performance Criteria

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold and italicised text is used, further information is detailed in the range of conditions section.

1. Interpret service and repair contract

1.1 Legal obligations of all parties involved in a valid service and repair contract are identified

1.2 Legal liabilities of repairer performing work without a valid service and repair contract are identified

1.3 Regulatory bodies with authority to inspect the workplace if the customer takes legal action are identified

1.4 Workplace service and repair contract is analysed to determine relevant legal compliance requirements

2. Comply with service and repair contract requirements

2.1 Procedures are implemented to advise customers of the terms of contract into which they are entering

2.2 Procedures are implemented to ensure staff only use valid service and repair contracts

2.3 Procedures are implemented to minimise liability or customer claims in relation to bailment

3. Establish service and repair warranty requirements

3.1 Warranties document is developed detailing requirements

3.2 Procedures are implemented to ensure staff are aware of warranty requirements

3.3 Warranty requirements are documented and stored according to workplace procedures

4. Enforce service and repair contract requirements

4.1 Workplace policy on payment terms for services provided are implemented according to workplace procedures

4.2 Workplace legal rights and obligations when selling or disposing of uncollected vehicles or goods are identified and observed as required

4.3 Legal procedures to recover payment when a customer defaults are identified and implemented as required

5. Conduct dispute resolution processes

5.1 Procedures to minimise disputes with customers are implemented

5.2 Workplace records are maintained to support outcomes in any customer disputes

5.3 External sources of assistance in dispute resolution are identified

5.4 Outcomes of customer disputes and resolutions are analysed to develop procedures to avoid future disputes

Before competency can be determined, individuals must demonstrate they can perform the following according to the standard defined in the unit’s elements and performance criteria, range of conditions and foundation skills:

comply with the legal aspects of service and repair contracts with three different customers, in which the work must involve:

an abandoned vehicle

a vehicle kept as bailment

customer dissatisfaction due to failed installed parts.

Individuals must be able to demonstrate knowledge of:

types and purpose of contracts, including:

key phases of contract, including:

offer

acceptance

consideration

oral and written contracts

key components of Australian Consumer Law (ACL) relating to legal and ethical requirements of contracts and service agreements, including:

damages arising from breach of contracts

reasonable costs

proof of transaction

delays in delivery and non-supply

charge back

contracts with minors

unfair contract terms

loss or damage to consumer property

misleading or deceptive conduct

warranties

dispute resolution

key features of automotive service and repair contracts, including:

terms of the relationship, including:

acknowledgements and agreements from customer

definitions

rights, responsibilities and obligations of the service provider and principal, including:

level of performance and services being provided

authority in respect of the vehicle, including entering and test driving the vehicle

guarantees and warranties

lien to secure payment

abandonment of vehicle

liability

privacy

jurisdiction of the contract

business processes, including:

pricing

payment and invoicing

returns policies.

Assessors must satisfy NVR/AQTF assessor requirements.

Competency is to be assessed in the workplace or a simulated environment that accurately reflects performance in a real workplace setting.

Assessment must include direct observation of tasks.

Where assessment of competency includes third-party evidence, individuals must provide evidence that links them to having complied with the legal aspects of a service and repair contract in an automotive workplace, e.g. correspondence between customer and business.

Assessors must verify performance evidence through questioning on skills and knowledge to ensure correct interpretation and application.

The following resources must be made available:

automotive repair workplace or simulated workplace n

commercially realistic range of automotive service and repair contracts

three different customers with the service and repair contract issues specified in the performance evidence.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Elements

Elements describe the essential outcomes.

Performance Criteria

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold and italicised text is used, further information is detailed in the range of conditions section.

1. Interpret service and repair contract

1.1 Legal obligations of all parties involved in a valid service and repair contract are identified

1.2 Legal liabilities of repairer performing work without a valid service and repair contract are identified

1.3 Regulatory bodies with authority to inspect the workplace if the customer takes legal action are identified

1.4 Workplace service and repair contract is analysed to determine relevant legal compliance requirements

2. Comply with service and repair contract requirements

2.1 Procedures are implemented to advise customers of the terms of contract into which they are entering

2.2 Procedures are implemented to ensure staff only use valid service and repair contracts

2.3 Procedures are implemented to minimise liability or customer claims in relation to bailment

3. Establish service and repair warranty requirements

3.1 Warranties document is developed detailing requirements

3.2 Procedures are implemented to ensure staff are aware of warranty requirements

3.3 Warranty requirements are documented and stored according to workplace procedures

4. Enforce service and repair contract requirements

4.1 Workplace policy on payment terms for services provided are implemented according to workplace procedures

4.2 Workplace legal rights and obligations when selling or disposing of uncollected vehicles or goods are identified and observed as required

4.3 Legal procedures to recover payment when a customer defaults are identified and implemented as required

5. Conduct dispute resolution processes

5.1 Procedures to minimise disputes with customers are implemented

5.2 Workplace records are maintained to support outcomes in any customer disputes

5.3 External sources of assistance in dispute resolution are identified

5.4 Outcomes of customer disputes and resolutions are analysed to develop procedures to avoid future disputes

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Warranties document must:

meet legal requirements

comply with workplace policies

not compromise customer consumer guarantees

be written in plain language.

Before competency can be determined, individuals must demonstrate they can perform the following according to the standard defined in the unit’s elements and performance criteria, range of conditions and foundation skills:

comply with the legal aspects of service and repair contracts with three different customers, in which the work must involve:

an abandoned vehicle

a vehicle kept as bailment

customer dissatisfaction due to failed installed parts.

Individuals must be able to demonstrate knowledge of:

types and purpose of contracts, including:

key phases of contract, including:

offer

acceptance

consideration

oral and written contracts

key components of Australian Consumer Law (ACL) relating to legal and ethical requirements of contracts and service agreements, including:

damages arising from breach of contracts

reasonable costs

proof of transaction

delays in delivery and non-supply

charge back

contracts with minors

unfair contract terms

loss or damage to consumer property

misleading or deceptive conduct

warranties

dispute resolution

key features of automotive service and repair contracts, including:

terms of the relationship, including:

acknowledgements and agreements from customer

definitions

rights, responsibilities and obligations of the service provider and principal, including:

level of performance and services being provided

authority in respect of the vehicle, including entering and test driving the vehicle

guarantees and warranties

lien to secure payment

abandonment of vehicle

liability

privacy

jurisdiction of the contract

business processes, including:

pricing

payment and invoicing

returns policies.

Assessors must satisfy NVR/AQTF assessor requirements.

Competency is to be assessed in the workplace or a simulated environment that accurately reflects performance in a real workplace setting.

Assessment must include direct observation of tasks.

Where assessment of competency includes third-party evidence, individuals must provide evidence that links them to having complied with the legal aspects of a service and repair contract in an automotive workplace, e.g. correspondence between customer and business.

Assessors must verify performance evidence through questioning on skills and knowledge to ensure correct interpretation and application.

The following resources must be made available:

automotive repair workplace or simulated workplace n

commercially realistic range of automotive service and repair contracts

three different customers with the service and repair contract issues specified in the performance evidence.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Legal obligations of all parties involved in a valid service and repair contract are identified 
Legal liabilities of repairer performing work without a valid service and repair contract are identified 
Regulatory bodies with authority to inspect the workplace if the customer takes legal action are identified 
Workplace service and repair contract is analysed to determine relevant legal compliance requirements 
Procedures are implemented to advise customers of the terms of contract into which they are entering 
Procedures are implemented to ensure staff only use valid service and repair contracts 
Procedures are implemented to minimise liability or customer claims in relation to bailment 
Warranties document is developed detailing requirements 
Procedures are implemented to ensure staff are aware of warranty requirements 
Warranty requirements are documented and stored according to workplace procedures 
Workplace policy on payment terms for services provided are implemented according to workplace procedures 
Workplace legal rights and obligations when selling or disposing of uncollected vehicles or goods are identified and observed as required 
Legal procedures to recover payment when a customer defaults are identified and implemented as required 
Procedures to minimise disputes with customers are implemented 
Workplace records are maintained to support outcomes in any customer disputes 
External sources of assistance in dispute resolution are identified 
Outcomes of customer disputes and resolutions are analysed to develop procedures to avoid future disputes 
Legal obligations of all parties involved in a valid service and repair contract are identified 
Legal liabilities of repairer performing work without a valid service and repair contract are identified 
Regulatory bodies with authority to inspect the workplace if the customer takes legal action are identified 
Workplace service and repair contract is analysed to determine relevant legal compliance requirements 
Procedures are implemented to advise customers of the terms of contract into which they are entering 
Procedures are implemented to ensure staff only use valid service and repair contracts 
Procedures are implemented to minimise liability or customer claims in relation to bailment 
Warranties document is developed detailing requirements 
Procedures are implemented to ensure staff are aware of warranty requirements 
Warranty requirements are documented and stored according to workplace procedures 
Workplace policy on payment terms for services provided are implemented according to workplace procedures 
Workplace legal rights and obligations when selling or disposing of uncollected vehicles or goods are identified and observed as required 
Legal procedures to recover payment when a customer defaults are identified and implemented as required 
Procedures to minimise disputes with customers are implemented 
Workplace records are maintained to support outcomes in any customer disputes 
External sources of assistance in dispute resolution are identified 
Outcomes of customer disputes and resolutions are analysed to develop procedures to avoid future disputes 

Forms

Assessment Cover Sheet

AURALA001 - Comply with legal aspects of a service and repair contract in an automotive workplace
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

AURALA001 - Comply with legal aspects of a service and repair contract in an automotive workplace

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: