Assessor Resource

FNSACC403B
Make decisions in a legal context

Assessment tool

Version 1.0
Issue Date: May 2024


This unit has broad application and can be used wherever candidates have a need to make decisions in a context of the Australian legal system.

This unit describes the performance outcomes, skills and knowledge required to make decisions in a legal context. It is intended to satisfy the requirement for a course of study in commercial law at an introductory or foundation level covering Australian legal systems and processes.

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, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to:

demonstrate knowledge and understanding of the Australian legal system such that current statute, common law and equitable principles can be applied, to particular fact circumstances in order to provide advice

access information on relevant legislation, statutes, regulation and legal judgements

draw conclusions having regard to the facts and relevant law

develop organisational procedures to meet compliance requirements

Context of and specific resources for assessment

Assessment must ensure:

competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment

access to and the use of a range of common office equipment, technology, software and consumables

internet access

relevant legislative and regulatory documentation.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

analysis of responses to case studies and scenarios

direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate

observation of role plays

review of documentation outlining legal obligations, criteria and purpose

oral or written questioning to assess knowledge of legal terminology, practice and application

conducting a summative assessment of knowledge.

Guidance information for assessment

Where assessment of this unit is designed to meet regulatory requirements, users must refer to the appropriate regulator or current guidelines published on the IBSA website www.ibsa.org.au (under training packages/financial services).


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.

Required skills

communication skills to:

consult with others about legal information and compliance requirements

liaise with others, share information, listen and understand

use language and concepts appropriate to cultural differences

IT skills to access and use appropriate software such as spreadsheets and databases and internet information

learning skills to maintain knowledge of changes to compliance legislation and requirements

research skills to:

find statutory and regulatory legal requirements and precedents

access and manage information

interpret documentation

coordinate tasks

problem solving skills to:

address compliance issues

apply statute, regulation and precedent to a client’s circumstances

reading skills to:

read text books, newspapers and journals

read and understand relevant legislation and regulation

read and understand legal precedent and rulings

self-management skills to comply with ethical, legal and procedural requirements.

Required knowledge

overview of Australian legal systems and processes and the context in which they operate including:

basic principles

common law

roles and responsibilities of key organisations

constitutional considerations

separation of powers

basic principles of the law of torts, particularly relating to:

negligence

negligent misstatement

main features of current legislation and its general impact on business operations in areas of:

consumer law

corporations law, including different business organisational structures and regulations for:

public and private companies

trusts

partnerships

sole traders

property law

superannuation law

taxation law.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. 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) may also be included.

Courts and other regulatory bodies include:

Australian Consumer and Competition Commission (ACCC)

Australian Securities and Investments Commission (ASIC)

Australian Tax Office (ATO)

Australian Securities Exchange

Australian Prudential Regulation Authority

Commonwealth and state courts

state and territory consumer affairs bodies

Tax Practitioners Board (TPB).

Relevant legislation includes:

Australian commercial law

Australian taxation law (including the Tax Agents Services Act)

Australian corporations law

Australian competition law

consumer credit legislation

Financial Transactions Reports Act

Privacy Act

Sale of Goods Acts

Stamp Duties Act

TPB Guidelines

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
Australian legal systems and processes are identified 
The functions of the courts and other regulatory bodies are identified 
Implications of relevant legislation, regulation and legal precedent are identified and applied in making operational decisions 
Advice and guidance is sought to evaluate and moderate decision processes 
Compliance requirements are interpreted accurately 
Legislative and regulatory sources of information are regularly reviewed to identify changes to compliance requirements 
Procedures are developed in consultation with others to address compliance requirements 
Timetables to meet compliance requirements are established to align with statutory deadlines 

Forms

Assessment Cover Sheet

FNSACC403B - Make decisions in a legal context
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

FNSACC403B - Make decisions in a legal context

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: