Assessor Resource

FNSTPB503
Apply legal principles in contract and consumer law

Assessment tool

Version 1.0
Issue Date: May 2024


This unit describes the skills and knowledge required to research, analyse and apply legal principles to provide advice on contract and consumer law implications to clients.

It applies to individuals whose job role involves the application of knowledge of contract and consumer law in the workplace.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. This unit is designed to meet educational requirements of the Tax Practitioner Board (TPB). 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. Research legal aspects of contract and consumer law

1.1 Identify client's circumstances that require advice on contract or consumer law matters

1.2 Research contract and consumer law and related legislation, regulation and practice

1.3 Identify different types of relevant contract and consumer transactions, and clearly outline their legal context, establishment procedures and purpose

1.4 Identify legal principles applying to contract and consumer matters that are relevant to client circumstances

2. Analyse legal issues and risks associated with operation of a business

2.1 Identify areas of risk in application of law in contract and consumer matters

2.2 Analyse how legal issues impact on different types of business structures and legal entities

2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different legal entities

3. Apply knowledge of contract and consumer laws to client circumstances

3.1 Collect and collate client's available information for analysis

3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client's circumstances

3.3 Seek advice and guidance of specialist, if required, to interpret, analyse and synthesise client and legal information

3.4 Provide advice to clients based on their circumstances and relevant law

4. Maintain legal knowledge

4.1 Review client's circumstances and apply any changes in relevant aspects of contract or consumer law

4.2 Review relevant legal sources regularly and apply any changes in daily work

4.3 Access and use systems for keeping up with changes and maintaining up-to-date knowledge about relevant legal aspects of contract or consumer law

Evidence of the ability to:

research for any changes to, or new, legislative requirements in relation to contract or consumer law relevant to the client's circumstances

apply current statute, common law and equitable principles in relation to contract and consumer laws that are relevant to the client's circumstances

present a recommendation to the client after considering the client’s circumstances and relevant aspects of contract and/or consumer laws.

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:

explain the operation of the Australian legal systems and processes relevant to contract and consumer law including:

basic principles, current statute, common law and equitable principles

roles and responsibilities of key organisations

constitutional considerations

separation of powers

basic principles of contract law

basic principles of the law of torts, particularly relating to negligence and negligent misstatement

courts and regulatory bodies

explain how laws are enacted and their underlying policy aims, and how those laws may be interpreted by existing common law and equitable rules, and apply to property laws

examine legal concepts and scope of contract law with reference to:

formation – agreement and intention to create legal relations

formation – consideration, form, legality and capacity

contents – express terms, exclusion clauses

contents – implied terms, common law and statute (Commonwealth and state competition and consumer legislation)

vitiating elements – unconscionability, misrepresentation, capacity

discharge – remedies, including rescission for unconscionable conduct

agency

describe legal concepts and scope of consumer law

misleading and deceptive conduct:

function of the Competition and Consumer Act

role and jurisdiction of the Australian Competition and Consumer Commission (ACCC).

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

office equipment, technology, software and consumables

relevant legislation, regulations and codes of practice.

Assessors must satisfy NVR/AQTF assessor requirements.

This unit is designed to meet the education requirements of the Tax Practitioner Board (TPB). Where registration with the TPB is sought, assessment must reflect the conditions described by the regulator which stipulate that a significant amount (at least 40%) must be completed under some form of independent supervision. Where recognition of prior learning (RPL) is used, it must also meet the requirements of the Board’s policy on RPL.

Details of requirements can be accessed on the TPB website at <http://www.tpb.gov.au>.


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. Research legal aspects of contract and consumer law

1.1 Identify client's circumstances that require advice on contract or consumer law matters

1.2 Research contract and consumer law and related legislation, regulation and practice

1.3 Identify different types of relevant contract and consumer transactions, and clearly outline their legal context, establishment procedures and purpose

1.4 Identify legal principles applying to contract and consumer matters that are relevant to client circumstances

2. Analyse legal issues and risks associated with operation of a business

2.1 Identify areas of risk in application of law in contract and consumer matters

2.2 Analyse how legal issues impact on different types of business structures and legal entities

2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different legal entities

3. Apply knowledge of contract and consumer laws to client circumstances

3.1 Collect and collate client's available information for analysis

3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client's circumstances

3.3 Seek advice and guidance of specialist, if required, to interpret, analyse and synthesise client and legal information

3.4 Provide advice to clients based on their circumstances and relevant law

4. Maintain legal knowledge

4.1 Review client's circumstances and apply any changes in relevant aspects of contract or consumer law

4.2 Review relevant legal sources regularly and apply any changes in daily work

4.3 Access and use systems for keeping up with changes and maintaining up-to-date knowledge about relevant legal aspects of contract or consumer law

Evidence of the ability to:

research for any changes to, or new, legislative requirements in relation to contract or consumer law relevant to the client's circumstances

apply current statute, common law and equitable principles in relation to contract and consumer laws that are relevant to the client's circumstances

present a recommendation to the client after considering the client’s circumstances and relevant aspects of contract and/or consumer laws.

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:

explain the operation of the Australian legal systems and processes relevant to contract and consumer law including:

basic principles, current statute, common law and equitable principles

roles and responsibilities of key organisations

constitutional considerations

separation of powers

basic principles of contract law

basic principles of the law of torts, particularly relating to negligence and negligent misstatement

courts and regulatory bodies

explain how laws are enacted and their underlying policy aims, and how those laws may be interpreted by existing common law and equitable rules, and apply to property laws

examine legal concepts and scope of contract law with reference to:

formation – agreement and intention to create legal relations

formation – consideration, form, legality and capacity

contents – express terms, exclusion clauses

contents – implied terms, common law and statute (Commonwealth and state competition and consumer legislation)

vitiating elements – unconscionability, misrepresentation, capacity

discharge – remedies, including rescission for unconscionable conduct

agency

describe legal concepts and scope of consumer law

misleading and deceptive conduct:

function of the Competition and Consumer Act

role and jurisdiction of the Australian Competition and Consumer Commission (ACCC).

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

office equipment, technology, software and consumables

relevant legislation, regulations and codes of practice.

Assessors must satisfy NVR/AQTF assessor requirements.

This unit is designed to meet the education requirements of the Tax Practitioner Board (TPB). Where registration with the TPB is sought, assessment must reflect the conditions described by the regulator which stipulate that a significant amount (at least 40%) must be completed under some form of independent supervision. Where recognition of prior learning (RPL) is used, it must also meet the requirements of the Board’s policy on RPL.

Details of requirements can be accessed on the TPB website at <http://www.tpb.gov.au>.

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
1.1 Identify client's circumstances that require advice on contract or consumer law matters 
Research contract and consumer law and related legislation, regulation and practice 
Identify different types of relevant contract and consumer transactions, and clearly outline their legal context, establishment procedures and purpose 
Identify legal principles applying to contract and consumer matters that are relevant to client circumstances 
Identify areas of risk in application of law in contract and consumer matters 
Analyse how legal issues impact on different types of business structures and legal entities 
Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different legal entities 
3.1 Collect and collate client's available information for analysis 
3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client's circumstances 
Seek advice and guidance of specialist, if required, to interpret, analyse and synthesise client and legal information 
Provide advice to clients based on their circumstances and relevant law 
4.1 Review client's circumstances and apply any changes in relevant aspects of contract or consumer law 
Review relevant legal sources regularly and apply any changes in daily work 
Access and use systems for keeping up with changes and maintaining up-to-date knowledge about relevant legal aspects of contract or consumer law 

Forms

Assessment Cover Sheet

FNSTPB503 - Apply legal principles in contract and consumer law
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Assessment Record Sheet

FNSTPB503 - Apply legal principles in contract and consumer law

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Assessment task 1: [title] Result: Competent Not yet competent

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