Assessor Resource

CHCADV004
Represent organisation in court or tribunal

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills and knowledge required to undertake work as an advocate of a service or organisation in a court or tribunal.

This unit applies to workers typically in a leadership role in a community services or advocacy setting who are responsible for providing formal advocacy or representation.

The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand standards and industry codes of practice.

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 define the essential outcomes

Performance criteria specify the performance needed to demonstrate achievement of the element

1. Prepare to represent organisation in court or tribunal

1.1 Follow appropriate court or tribunal preparation procedures and format in line with organisation requirements

1.2 Negotiate with client prior to court or tribunal appearance

1.3 Liaise with, and brief solicitor prior to court or tribunal appearance in accordance with role and organisation requirements

1.4 Prepare relevant paper work prior to court or tribunal appearance and ensure it is up to date

1.5 Assess each case and determine whether the organisation can lodge an application for a hearing

1.6 Deliver relevant and appropriate legal notice/s with adequate time allowed prior to court or tribunal appearance

2. Represent organisation in court or tribunal

2.1 Observe appropriate court or tribunal dress, grooming and etiquette codes

2.2 Undertake additional briefing with solicitor as necessary

2.3 Finalise relevant documentation including procedures and protocols required to prepare case for presentation

2.4 Answer questions and articulate facts clearly, concisely, confidently and accurately

2.5 Maintain effective negotiations and briefing with the client and the solicitor throughout the court or tribunal process in accordance with role and organisation requirements

3. Follow up actions from court appearance or tribunal hearing

3.1 Prepare accurate records, reporting and file updates, as required and resulting from the court appearance or tribunal hearing

3.2 Undertake appropriate debriefing with colleagues, supervisor and solicitor

3.3 Establish a process for monitoring the action following the court or tribunal appearance

3.4 Notify appropriate stakeholders of any intention to withdraw, adjourn or relist case

4. Follow up actions resulting from the hearing

4.1 Carry out procedures within time limits

4.2 Follow appropriate steps after a legal order has been given

5. Use the procedure for resolving specific issues

5.1 Investigate and document nuisance and annoyance claims

5.2 Negotiate with client to attempt a resolution, prior to a hearing

5.3 Ensure all required reports are completed accurately after a hearing and record follow up action/s

5.4 Make appropriate referrals to agencies

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 define the essential outcomes

Performance criteria specify the performance needed to demonstrate achievement of the element

1. Prepare to represent organisation in court or tribunal

1.1 Follow appropriate court or tribunal preparation procedures and format in line with organisation requirements

1.2 Negotiate with client prior to court or tribunal appearance

1.3 Liaise with, and brief solicitor prior to court or tribunal appearance in accordance with role and organisation requirements

1.4 Prepare relevant paper work prior to court or tribunal appearance and ensure it is up to date

1.5 Assess each case and determine whether the organisation can lodge an application for a hearing

1.6 Deliver relevant and appropriate legal notice/s with adequate time allowed prior to court or tribunal appearance

2. Represent organisation in court or tribunal

2.1 Observe appropriate court or tribunal dress, grooming and etiquette codes

2.2 Undertake additional briefing with solicitor as necessary

2.3 Finalise relevant documentation including procedures and protocols required to prepare case for presentation

2.4 Answer questions and articulate facts clearly, concisely, confidently and accurately

2.5 Maintain effective negotiations and briefing with the client and the solicitor throughout the court or tribunal process in accordance with role and organisation requirements

3. Follow up actions from court appearance or tribunal hearing

3.1 Prepare accurate records, reporting and file updates, as required and resulting from the court appearance or tribunal hearing

3.2 Undertake appropriate debriefing with colleagues, supervisor and solicitor

3.3 Establish a process for monitoring the action following the court or tribunal appearance

3.4 Notify appropriate stakeholders of any intention to withdraw, adjourn or relist case

4. Follow up actions resulting from the hearing

4.1 Carry out procedures within time limits

4.2 Follow appropriate steps after a legal order has been given

5. Use the procedure for resolving specific issues

5.1 Investigate and document nuisance and annoyance claims

5.2 Negotiate with client to attempt a resolution, prior to a hearing

5.3 Ensure all required reports are completed accurately after a hearing and record follow up action/s

5.4 Make appropriate referrals to agencies

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
 
 
Follow appropriate court or tribunal preparation procedures and format in line with organisation requirements 
Negotiate with client prior to court or tribunal appearance 
Liaise with, and brief solicitor prior to court or tribunal appearance in accordance with role and organisation requirements 
Prepare relevant paper work prior to court or tribunal appearance and ensure it is up to date 
Assess each case and determine whether the organisation can lodge an application for a hearing 
Deliver relevant and appropriate legal notice/s with adequate time allowed prior to court or tribunal appearance 
Observe appropriate court or tribunal dress, grooming and etiquette codes 
Undertake additional briefing with solicitor as necessary 
Finalise relevant documentation including procedures and protocols required to prepare case for presentation 
Answer questions and articulate facts clearly, concisely, confidently and accurately 
Maintain effective negotiations and briefing with the client and the solicitor throughout the court or tribunal process in accordance with role and organisation requirements 
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 
Establish a process for monitoring the action following the court or tribunal appearance 
Notify appropriate stakeholders of any intention to withdraw, adjourn or relist case 
Carry out procedures within time limits 
Follow appropriate steps after a legal order has been given 
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

CHCADV004 - Represent organisation in 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

CHCADV004 - Represent organisation in 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

Assessor name:

Signature:

Date:

Student signature:

Date: