Assessor Resource

BSBCNV502
Read and interpret a legal document and provide advice

Assessment tool

Version 1.0
Issue Date: March 2024


This unit describes the skills and knowledge required to read and interpret a legal document and provide advice to a conveyancing client within a range of contexts and environments. It encompasses defining the nature and function of the document in the transaction and advising the client about their rights, obligations and alternative courses of action, if required.

It applies to individuals who apply specialised knowledge and pay close attention to detail when interpreting and analysing complex legal documentation and providing advice to others.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the BSB Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.

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.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Define nature of document

1.1 Define the nature of the legal document

1.2 Identify the function and significance of the document in the conveyancing transaction

2 Identify relevant legal principles

2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction

2.2 Identify rules governing construction and interpretation of contracts and other legal documents

2.3 Identify rules for use of precedents, standard form contracts, and statutory forms

2.4 Conduct appropriate legal research, as required

3 Identify interests of client

3.1 Identify legal interests of the client in relation to the subject matter of the document

3.2 Identify terms essential to protect the client’s interests

3.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document

4 Check document for accuracy

4.1 Check parties, property, information and factual details for accuracy and relevance

4.2 Check annexures to the document for accuracy and relevance

4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document

5 Examine document

5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms

5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document

5.3 Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

5.4 Identify any non-compliance with legal principles within the document

6 Evaluate issues

6.1 Assess legal and non-legal issues and risks to the client arising from the document

6.2 Interpret extent to which the document does or does not protect the interests of the client

6.3 Interpret key terms or points for negotiation with third parties or other professionals

7 Advise client

7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client

7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

8 Clarify instructions

8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs

8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client

8.3 Assist client in selecting a course of action

9 Attending to signing the document

9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds

9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

10 Document advice

10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received

10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received

10.3 If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document


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.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Define nature of document

1.1 Define the nature of the legal document

1.2 Identify the function and significance of the document in the conveyancing transaction

2 Identify relevant legal principles

2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction

2.2 Identify rules governing construction and interpretation of contracts and other legal documents

2.3 Identify rules for use of precedents, standard form contracts, and statutory forms

2.4 Conduct appropriate legal research, as required

3 Identify interests of client

3.1 Identify legal interests of the client in relation to the subject matter of the document

3.2 Identify terms essential to protect the client’s interests

3.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document

4 Check document for accuracy

4.1 Check parties, property, information and factual details for accuracy and relevance

4.2 Check annexures to the document for accuracy and relevance

4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document

5 Examine document

5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms

5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document

5.3 Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

5.4 Identify any non-compliance with legal principles within the document

6 Evaluate issues

6.1 Assess legal and non-legal issues and risks to the client arising from the document

6.2 Interpret extent to which the document does or does not protect the interests of the client

6.3 Interpret key terms or points for negotiation with third parties or other professionals

7 Advise client

7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client

7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

8 Clarify instructions

8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs

8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client

8.3 Assist client in selecting a course of action

9 Attending to signing the document

9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds

9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

10 Document advice

10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received

10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received

10.3 If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document

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
Define the nature of the legal document 
Identify the function and significance of the document in the conveyancing transaction 
Identify statutory and general law principles governing the document and its function in the conveyancing transaction 
Identify rules governing construction and interpretation of contracts and other legal documents 
Identify rules for use of precedents, standard form contracts, and statutory forms 
Conduct appropriate legal research, as required 
Identify legal interests of the client in relation to the subject matter of the document 
Identify terms essential to protect the client’s interests 
Identify non-legal interests and other needs of the client in relation to the subject matter of the document 
Check parties, property, information and factual details for accuracy and relevance 
Check annexures to the document for accuracy and relevance 
Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement 
Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form 
Identify information to be obtained from or provided to third parties or other professionals in relation to the document 
Closely examine the document and interpret and analyse relevant legal principles and key terms 
Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document 
Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language 
Identify any non-compliance with legal principles within the document 
Assess legal and non-legal issues and risks to the client arising from the document 
Interpret extent to which the document does or does not protect the interests of the client 
Interpret key terms or points for negotiation with third parties or other professionals 
Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client 
Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client 
Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs 
Summarise and clearly communicate legal and non-legal consequences for each alternative to the client 
Assist client in selecting a course of action 
Identify statutory and other rules governing signing and witnessing of documents, including deeds 
Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client 
Prepare a file note recording the substance and details of the advice given to the client and the instructions received 
Despatch correspondence to client confirming the advice given in relation to the document and instructions received 
If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document 

Forms

Assessment Cover Sheet

BSBCNV502 - Read and interpret a legal document and provide advice
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

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Assessor name:

Signature:

Date:


Assessment Record Sheet

BSBCNV502 - Read and interpret a legal document and provide advice

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:

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