Assessor Resource

PSPCRT023
Perform quasi-judicial functions

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to perform quasi-judicial functions as prescribed by legislation and Rules of Court. It includes advising on rules and legislation, settling court orders and presiding in prescribed matters under specified court rules and practice.

This unit applies to those working as court officials within the court system operating under procedures set by the court.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those set by the court.

Those undertaking this unit would generally work independently with supervisory responsibilities. They would perform complex tasks in a range of familiar and unfamiliar contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Provide information and options on rules and legislation

1.1 Provide interpretation of rules and legislation in the context of specific and general practice and procedure.

1.2 Assess severity of urgent matters and determine course of procedure.

1.3 Determine intent of legislation and provide advice.

2. Settle orders

2.1 Interpret and amend draft orders according to record of outcome.

2.2 Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.

2.3 Prepare final orders made at hearings.

2.4 Sign and seal completed orders and settle cases.

3. Preside in prescribed matters

3.1 Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.

3.2 Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.

3.3 Confirm issues and discuss options providing direction and guidance to the parties.

3.4 Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.

3.5 Expedite listing and hearing for matters proceeding to further hearing.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

interpreting and applying legislation, rules, practice and procedures in the performance of quasi-judicial functions

following procedures relating to public sector legislation, including WHS and environment, in the context of performing quasi-judicial functions

facilitating informal discussion between legal representatives and parties while maintaining impartiality

dealing with conflict to ensure efficient case flow

dealing with different people, including the judiciary, legal profession and litigants

responding to diversity

evaluating circumstances and making decisions with integrity and fairness

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

alternative dispute resolution provisions and processes of courts

courts administration structure

legislation conferring jurisdiction on court

legislation, rules, practice, procedures and precedents relating to the performance of quasi-judicial functions

judicial independence

natural justice

structure, roles and functions of courts

Assessment of this unit requires a workplace environment or one that closely resembles normal work practice and replicates the diverse conditions likely to be encountered when performing quasi-judicial functions.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Provide information and options on rules and legislation

1.1 Provide interpretation of rules and legislation in the context of specific and general practice and procedure.

1.2 Assess severity of urgent matters and determine course of procedure.

1.3 Determine intent of legislation and provide advice.

2. Settle orders

2.1 Interpret and amend draft orders according to record of outcome.

2.2 Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.

2.3 Prepare final orders made at hearings.

2.4 Sign and seal completed orders and settle cases.

3. Preside in prescribed matters

3.1 Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.

3.2 Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.

3.3 Confirm issues and discuss options providing direction and guidance to the parties.

3.4 Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.

3.5 Expedite listing and hearing for matters proceeding to further hearing.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

interpreting and applying legislation, rules, practice and procedures in the performance of quasi-judicial functions

following procedures relating to public sector legislation, including WHS and environment, in the context of performing quasi-judicial functions

facilitating informal discussion between legal representatives and parties while maintaining impartiality

dealing with conflict to ensure efficient case flow

dealing with different people, including the judiciary, legal profession and litigants

responding to diversity

evaluating circumstances and making decisions with integrity and fairness

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

alternative dispute resolution provisions and processes of courts

courts administration structure

legislation conferring jurisdiction on court

legislation, rules, practice, procedures and precedents relating to the performance of quasi-judicial functions

judicial independence

natural justice

structure, roles and functions of courts

Assessment of this unit requires a workplace environment or one that closely resembles normal work practice and replicates the diverse conditions likely to be encountered when performing quasi-judicial functions.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

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
Provide interpretation of rules and legislation in the context of specific and general practice and procedure. 
Assess severity of urgent matters and determine course of procedure. 
Determine intent of legislation and provide advice. 
Interpret and amend draft orders according to record of outcome. 
Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made. 
Prepare final orders made at hearings. 
Sign and seal completed orders and settle cases. 
Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management. 
Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties. 
Confirm issues and discuss options providing direction and guidance to the parties. 
Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice. 
Expedite listing and hearing for matters proceeding to further hearing. 
Provide interpretation of rules and legislation in the context of specific and general practice and procedure. 
Assess severity of urgent matters and determine course of procedure. 
Determine intent of legislation and provide advice. 
Interpret and amend draft orders according to record of outcome. 
Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made. 
Prepare final orders made at hearings. 
Sign and seal completed orders and settle cases. 
Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management. 
Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties. 
Confirm issues and discuss options providing direction and guidance to the parties. 
Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice. 
Expedite listing and hearing for matters proceeding to further hearing. 

Forms

Assessment Cover Sheet

PSPCRT023 - Perform quasi-judicial functions
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

PSPCRT023 - Perform quasi-judicial functions

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: