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 describe the performance needed to demonstrate achievement of the element. |
1. Determine ethical responsibilities | 1.1 Identify and analyse the ethical framework that applies to own dispute resolution practice 1.2 Evaluate responsibilities to self, co-workers, clients and the broader community 1.3 Develop and incorporate models of work that reflect ethical responsibilities |
2. Apply ethical standards to the dispute resolution process | 2.1 Model ethical behaviour in dispute resolution practice 2.2 Inform participants of their rights and obligations 2.3 Provide information to participants to support ethical practice 2.4 Develop reports and documentation in a way that supports ethical practice 2.5 Identify situations where ethical dilemmas or issues may arise 2.6 Take reasonable and timely steps to avoid potential ethical dilemmas or issues 2.7 Use problem solving and critical thinking skills to resolve ethical issues 2.8 Terminate the dispute resolution process and use referral according to ethical standards when issues cannot be resolved |
3. Reflect on ethical practice | 3.1 Use existing cases and evaluations to inform reflection 3.2 Evaluate own responses to ethical situations and identify areas for improvement 3.3 Identify and pursue professional development through ongoing reflective practice, collegial collaboration, and professional reading |
The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:
performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients under the supervision of an accredited Family Dispute Resolution Practitioners in a dispute resolution service
developed responses to at least 5 different complex ethical dilemmas in family dispute resolution practice.
The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:
Family Law (Family Dispute Resolution Practitioners) Regulations 2008 and other ethical matters related to:
bias what constitutes bias and perceived bias, and how to respond, including:
relationships of a personal nature with one or more participants to the dispute
prior knowledge of or involvement with the client on a professional level which would be seen to be a conflict of interest
real and/or perceived conflicts
religious or cultural issues that compromise impartiality of practitioner
personal values that prevent impartiality of the practitioner
practitioner seeking to make inappropriate personal gain monetary or otherwise from the vulnerability of the client and/or their information.
practitioners refraining from becoming involved in relationships with parties
client’s inappropriate attempt to exchange information
children in the workplace and child-focussed practice
collaborative practice – when and how to work with co-facilitators and other professionals and the ethical issues to consider
codes of conduct
conflict of interest, including:
what constitutes conflict of interest and perceived conflict of interest
when and how conflict of interest may be waived
discrimination
duty of care
human rights
informed consent
mandatory reporting
misuse of the dispute resolution process, how this occurs, and how to respond
practitioner/client boundaries
privacy, confidentiality and disclosure, including:
requirements for what must be discussed and explained to participants (expectations, obligations and limitations)
what must be included in written agreements to enter the dispute resolution process
handling of legal documents and information
consents required for sharing of information, disclosures of agreements
storage and disposal of records
policy frameworks
records management
referral frameworks and obligations
rights and responsibilities of workers, employers and clients
termination of FDR obligations and where such action is appropriate
work role boundaries – responsibilities and limitations
work health and safety
community, educational or other resources for referral or use within the dispute resolution process
self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process
Skills must have been demonstrated in the workplace with the addition of simulations and scenarios where the full range of contexts and situations have not been provided in the workplace. The following conditions must be met for this unit:
use of suitable facilities, equipment and resources, including:
client and dispute information
current family dispute resolution regulations
organisation policies and procedures
modelling of industry operating conditions, including:
scenarios that involve complex interactions with families
supervision of client work by an accredited Family Dispute Resolution Practitioner (FDRP).
Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.
In addition, assessors must:
be an accredited Family Dispute Resolution Practitioner (FDRP).