Assessor Resource

LGACOM408A
Represent council at legal proceedings

Assessment tool

Version 1.0
Issue Date: April 2024


This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.

This unit covers representing council at legal proceedings.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Prerequisite Unit/s

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.

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

Court protocols are adhered to.

Council is represented in court.

Report on outcomes is prepared for council.

Context of assessment

On the job assessment and/or simulated work/court environment.

Relationship to other units(prerequisite or co-requisite units)

Prerequisite units: nil.

Co-requisite units: nil.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence will need to be gathered over a range of variables.

Resource implications

Access to:

real or mock court proceedings

copies of relevant documentation, including awards and agreements, court documents, evidence, policies and procedures.

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.

This describes the essential skills and knowledge and their level, required for this unit

Required Skills

report writing

verbal communication in a legal setting

giving evidence

interpreting outcomes of legal hearings

maintaining records of proceedings

briefing others

analytical

judgement

time management.

Required Knowledge

court protocols

council's position on litigation

industrial awards and agreements

record handling

council policies and procedures, including sustainability practices.

Hidden text

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 in the Performance Criteria is detailed below.

Legal proceedings may include:

breaches of:

alleged breach of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenge to council decisions

legal challenges to council control plans, such as S94 plan

industrial court

workers compensation court

equal employment opportunity commission

compulsory conferences

conciliation

arbitration or formal hearings.

parking

dog act

health acts

litter

fire prevention regulations

Court proceeding protocols may be:

provided by relevant court.

Solicitor's brief may include:

use by council or solicitor.

Hidden text

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
Court proceedings are attended. 
Court proceeding protocols are adhered to in accordance with the jurisdiction involved. 
Information is factual and presented clearly and accurately. 
Any negotiation held in conference with the opposing parties is in accordance with agreed negotiation parameters. 
A report that clearly indicates the outcomes of the proceedings is prepared for council. 
The outcomes of the legal proceedings are noted, filed and any required action is implemented in accordance with council requirements. 
Documentation of the outcomes of legal proceedings is in accordance with professional obligations in the case. 

Forms

Assessment Cover Sheet

LGACOM408A - Represent council at legal proceedings
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

LGACOM408A - Represent council at legal proceedings

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: