Assessor Resource

FNSMCA303
Serve legal process

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills and knowledge required to investigate and analyse client requirements for preparing legal documentation and serving legal processes.

It applies to individuals who are required to serve legal process as part of their role as a mercantile agent within financial services organisations of any size or location.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS 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. Plan and prepare procedures

1.1 Interpret and confirm client’s written instructions accurately and clearly

1.2 Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures

1.3 Identify type of service according to nature of debt or legal process and prepare necessary documentation

2. Serve documents

2.1 Verify validity of documentation by checking contents and number of documents for service

2.2 Serve documents according to legal requirements and appropriate organisational policy and procedures

3. Prepare affidavit of service or non-service

3.1 Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit

3.2 Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures

3.3 Prepare final report for client detailing outcome of serving legal process

Evidence of the ability to:

interpret and comply with legislative requirements, industry regulations and organisational policy and procedures when serving legal process

identify the appropriate type of service when serving legal process

complete relevant documentation in accordance with legal, industry and organisational requirements and guidelines.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

identify key requirements of relevant state or territory and Commonwealth legislation relating to debt collection and mercantile agents

outline the key role, procedures and relevant documentation of the various relevant court jurisdictions and appeals procedures

explain organisational policy and procedures in relation to serving legal process

describe techniques of search and locating debtors to serve

explain the types of services that can be offered to clients when serving legal process

outline relevant factual details that would be recorded in an affidavit.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the mercantile agents field of work and include access to:

office equipment, technology, software and consumables

relevant legal and industry documentation for process serving.

Assessors must satisfy NVR/AQTF assessor requirements.


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. Plan and prepare procedures

1.1 Interpret and confirm client’s written instructions accurately and clearly

1.2 Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures

1.3 Identify type of service according to nature of debt or legal process and prepare necessary documentation

2. Serve documents

2.1 Verify validity of documentation by checking contents and number of documents for service

2.2 Serve documents according to legal requirements and appropriate organisational policy and procedures

3. Prepare affidavit of service or non-service

3.1 Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit

3.2 Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures

3.3 Prepare final report for client detailing outcome of serving legal process

Evidence of the ability to:

interpret and comply with legislative requirements, industry regulations and organisational policy and procedures when serving legal process

identify the appropriate type of service when serving legal process

complete relevant documentation in accordance with legal, industry and organisational requirements and guidelines.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

identify key requirements of relevant state or territory and Commonwealth legislation relating to debt collection and mercantile agents

outline the key role, procedures and relevant documentation of the various relevant court jurisdictions and appeals procedures

explain organisational policy and procedures in relation to serving legal process

describe techniques of search and locating debtors to serve

explain the types of services that can be offered to clients when serving legal process

outline relevant factual details that would be recorded in an affidavit.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the mercantile agents field of work and include access to:

office equipment, technology, software and consumables

relevant legal and industry documentation for process serving.

Assessors must satisfy NVR/AQTF assessor requirements.

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
Interpret and confirm client’s written instructions accurately and clearly 
Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures 
Identify type of service according to nature of debt or legal process and prepare necessary documentation 
Verify validity of documentation by checking contents and number of documents for service 
Serve documents according to legal requirements and appropriate organisational policy and procedures 
Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit 
Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures 
Prepare final report for client detailing outcome of serving legal process 

Forms

Assessment Cover Sheet

FNSMCA303 - Serve legal process
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

FNSMCA303 - Serve legal process

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: