CHCAD506A - Represent the organisation in a court or tribunal
Assessor Resource
CHCAD506A Represent the organisation in a court or tribunal
Assessment tool
Version 1.0 Issue Date: April 2024
This unit may apply to work undertaken across a range of sectors involved in delivery of community services
This unit describes the knowledge and skills required by the worker to undertake work as an advocate of a service in a court or tribunal
You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)
Prerequisites
Not Applicable
Employability Skills
This unit contains Employability Skills
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.
The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.
Critical aspects for assessment and evidence required to demonstrate this unit of competency:
The individual being assessed must provide evidence of specified essential knowledge as well as skills
This unit is to be assessed in the workplace
Consistency in performance should consider requirements of the workplace for effective representation of the organisation in court or tribunal
Access and equity considerations:
All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work
All workers should develop their ability to work in a culturally diverse environment
In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people
Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities
Context of and specific resources for assessment:
This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged
Resources required for assessment include access to appropriate workplace where assessment can take place
Method of assessment:
In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios
Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on Essential knowledge and skills and consideration of required attitudes
Where performance is not directly observed and/or is required to be demonstrated over a 'period of time' and/or in a 'number of locations', any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons
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.
This describes the essential skills and knowledge and their level required for this unit.
Essential knowledge:
The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role
These include knowledge of:
Relevance of legal system to service delivery policy
Theories of delivery for the specific sector of work
Relevant organisation policies and guidelines as they relate to application of legislation
Essential skills:
It is critical that the candidate demonstrate the ability to:
Effectively represent the organisation in court including appropriate application of organisation procedures and relevant legislation
In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role
These include the ability to:
Provide examples of application of legislation in service/program delivery
Adapt organisation policy to ensure application of legislation
Provide relevant and regularly updated information to workers and service users about relevant legislation
The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.
Court or tribunal may include:
Local, District and Supreme Court
Tenancy tribunals
Court requirements may include current details such as:
Accounts, occupancy, property maintenance, cleaning undertaken, fraud details related to tenancy
Relevant paper work may include:
Preparation of set questions
Briefs of evidence
Court reports
Affidavit
Police statements
Relevant organisation files
Reports completed after a hearing may include:
File notes
Follow up action/s and procedures from court or tribunal appearance may include:
Organisation requirements and regulations
Changing status of account
Monitoring a bench order
Follow up costs/follow up debt recovery
Payment of application fees from advance account will be arranged and voucher prepared
Relevant agencies are advised and coordinated as required
Relevant legislation may include, where it exists:
Residential tenancies act or equivalent
Access and equity legislation
Anti-discrimination legislation
Consumer affairs legislation
Information about legislation will include:
Copies of actual legislation documentation
Information brochures
Analysis/discussion material prepared by relevant community organisations, advocacy groups, policy groups, peak bodies or academics
Internally generated documents
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
Demonstrate correct knowledge of the different types of court or tribunal and relevant procedures and etiquette
Follow appropriate court or tribunal preparation procedures and format in line with organisation requirements
Ensure negotiations with the client occur prior to court or tribunal appearance
Ensure liaison with, and appropriate briefing of, solicitor occurs prior to court or tribunal appearance where appropriate
Where appropriate, ensure appropriate briefing is provided by legal team of the organisation
Access and organise appropriate files and relevant paper work prior to court or tribunal appearance
Check appropriate files and relevant paper work and update for accuracy prior to court or tribunal appearance
Deliver relevant and appropriate legal notice/s with adequate time allowed prior to court or tribunal appearance
Observe appropriate dress and grooming codes
Demonstrate knowledge of and observe appropriate court or tribunal etiquette
Allocate adequate time for court or tribunal appearance
Undertake additional briefing with solicitor if necessary and appropriate
Maintain personal composure and professional attitude
Ensure relevant paperwork, files and documentation are up to date, errors corrected and well organised
Answer questions and present facts clearly, concisely, confidently and accurately
Maintain effective negotiations and briefing with the client and the solicitor throughout the court or tribunal process, if appropriate
Prepare accurate records, reporting and file updates, as required and resulting from the court appearance or tribunal hearing
Undertake appropriate debriefing with colleagues, supervisor and solicitor
Follow procedures for ensuring follow up action/s arising from court or tribunal appearance
Establish a process for monitoring the action following the court or tribunal appearance
Understand and act upon circumstances under which the organisation can lodge an application for a hearing
Assess each case to determine if an application can be lodged
Understand and follow processes, procedures and protocols required in order to lodge an application
Prepare recommendation to proceed to a hearing
Complete necessary administrative duties and lodge an application
Notify appropriate persons/organisations of any intention to withdraw/adjourn/relist case
Carry out procedures within time limits, if applicable
Prepare submission seeking to evict
Lodge application for Warrant of Possession with Sheriff; arrange officer's attendance at eviction and organise removalist van if necessary
Understand and follow eviction proceedings
Follow appropriate steps after a legal order has been given
Prepare relevant documentation and make it available for presentation of case
Prepare action sheet
Investigate and document nuisance and annoyance claims
Negotiate with client to attempt a resolution, prior to a hearing
Ensure all required reports are completed accurately after a hearing and record follow up action/s
Make appropriate referrals to agencies
Forms
Assessment Cover Sheet
CHCAD506A - Represent the organisation in a court or tribunal
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
CHCAD506A - Represent the organisation in a court or tribunal
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