Assessor Resource

PSPREV004
Interpret and assess contracts

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to interpret and assess contracts to determine their legal effect, identifying the parties involved and the responsibilities of those parties in order to make decisions regarding liability or compliance.

This unit applies to those working to interpret and assess contracts within the public sector.

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.

Those undertaking this unit would work independently, performing complex tasks in a familiar context.

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. Identify key features of contracts

1.1 Analyse contracts and identify parties involved in each contract.

1.2 Identify legal nature and elements of contracts, terms and obligations.

1.3 Differentiate conditions, warranties and contingencies identified in the contract.

1.4 Identify circumstances and consequences of terminating contracts.

1.5 Confirm, if contractual rights have been assigned and if assignment as valid.

2. Assess contracts for eligibility and liability

2.1 Analyse contracts in accordance with criteria using a legislative decision-making process.

2.2 Confirm or deny eligibility or liability of contracts.

2.3 Make decisions and notify customers.

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.

reading and analysing complex and formal documents and applying them to work situations

communicating with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

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.

sources of contract law

rules of construction of contracts

privacy doctrine of contracts

what may constitute a breach of contract

methods of termination of contract, including by consent, by frustration

legislative decision-making process

principles applicable to assignment of contractual rights

confidentiality provisions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

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. Identify key features of contracts

1.1 Analyse contracts and identify parties involved in each contract.

1.2 Identify legal nature and elements of contracts, terms and obligations.

1.3 Differentiate conditions, warranties and contingencies identified in the contract.

1.4 Identify circumstances and consequences of terminating contracts.

1.5 Confirm, if contractual rights have been assigned and if assignment as valid.

2. Assess contracts for eligibility and liability

2.1 Analyse contracts in accordance with criteria using a legislative decision-making process.

2.2 Confirm or deny eligibility or liability of contracts.

2.3 Make decisions and notify customers.

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.

reading and analysing complex and formal documents and applying them to work situations

communicating with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

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.

sources of contract law

rules of construction of contracts

privacy doctrine of contracts

what may constitute a breach of contract

methods of termination of contract, including by consent, by frustration

legislative decision-making process

principles applicable to assignment of contractual rights

confidentiality provisions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

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
Analyse contracts and identify parties involved in each contract. 
Identify legal nature and elements of contracts, terms and obligations. 
Differentiate conditions, warranties and contingencies identified in the contract. 
Identify circumstances and consequences of terminating contracts. 
Confirm, if contractual rights have been assigned and if assignment as valid. 
Analyse contracts in accordance with criteria using a legislative decision-making process. 
Confirm or deny eligibility or liability of contracts. 
Make decisions and notify customers. 
Analyse contracts and identify parties involved in each contract. 
Identify legal nature and elements of contracts, terms and obligations. 
Differentiate conditions, warranties and contingencies identified in the contract. 
Identify circumstances and consequences of terminating contracts. 
Confirm, if contractual rights have been assigned and if assignment as valid. 
Analyse contracts in accordance with criteria using a legislative decision-making process. 
Confirm or deny eligibility or liability of contracts. 
Make decisions and notify customers. 

Forms

Assessment Cover Sheet

PSPREV004 - Interpret and assess contracts
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:

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Date:

Assessment Record Sheet

PSPREV004 - Interpret and assess contracts

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: