Assessor Resource

PSPREV404A
Interpret and assess contracts

Assessment tool

Version 1.0
Issue Date: May 2024


In the workplace, staff typically interpret and assess contracts and identify the parties involved and the capacity in which they act, in order to determine their compliance with eligibility criteria for government grants, subsidies or rebates or to determine liability for taxation and duty.

Staff must be able to access and use the principles of contract law to identify the legal nature and elements of a contract as well as its terms and obligations. They also need to apply a sound knowledge of the way contracts are developed, terminated or assigned, to identify the parties involved and their rights and obligations under the contract to make decisions regarding liability.

This unit covers the interpretation and assessment of 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.

In practice, interpreting and assessing contracts overlaps with other generalist or specialist work activities, such as acting ethically; applying statute law; undertaking legislative decision making; dealing with legal entities, relationships and property; assessing applications for grants, subsidies or rebates; and delivering client service. Co-assessment with units of competency addressing these other activities could be considered.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

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

Prerequisites

Not applicable.

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.

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:

PSPETHC401A Uphold and support the values and principles of public service

PSPREV401A Identify and apply statute law

PSPREV402A Undertake legislative decision making

PSPREV403A Manage information on legal entities, relationships and property

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOV402B Deliver and monitor service to clients

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

Resources required to carry out assessment

These resources include:

legislative decision making process

government legislation, regulations, rulings, Commissioner's practices and other applicable case law relating to contracts

organisational procedures and protocols relating to interpretation and assessment of contracts

scenarios and case studies to capture the range of situations likely to be encountered when interpreting and assessing contracts

access to relevant systems

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when interpreting and assessing contracts, including coping with difficulties, irregularities and breakdowns in routine

interpretation and assessment of contracts in a range of three or more contexts or occasions, over time

Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:

workplace projects

simulation or role plays

case studies and scenarios

portfolios

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

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

Required skills:

Look for evidence that confirms skills in:

reading and analysing complex and formal documents, such as contracts, legislation and related materials 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

responding to diversity, including gender and disability, when dealing with customers

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

Required knowledge:

Look for evidence that confirms knowledge and understanding of:

sources of contract law

rules of construction of contracts

privacy doctrine of contracts

what may constitute a breach of contract

termination of contract, e.g. by consent, by frustration, etc.

legislative decision making process

principles applicable to assignment of contractual rights

confidentiality provisions

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.

Elements of a contract include:

parameters of agreement

consideration

intention to create legal relations

impartiality

Conditions are:

important contractual terms in a contract where a breach deprives the innocent party of substantially the whole intended benefit from the contract, and allows the party to terminate the contract and sue for damages

Warranties are:

less important terms in a contract where a breach will not deprive the innocent party of substantially the whole intended benefit from the contract, and will only entitle the innocent party to sue for damages

Contingencies are:

obligations that are conditional upon the happening of a prescribed event

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
Contracts are analysed and parties involved in each contract are identified. 
Legal nature and elements of contracts, terms and obligations are identified in accordance with contract law. 
Conditions, warranties and contingencies identified in the contract are differentiated. 
Circumstances and consequences of terminating contracts are identified. 
If contractual rights have been assigned, assignment is confirmed as valid in accordance with applicable legal principles. 
Contracts are analysed in accordance with criteria using a legislative decision making process. 
Eligibility or liability of contracts is confirmed or denied in accordance with applicable statute law and case law. 
Decisions are made and notified to customers in accordance with organisational policy and procedures. 
Contracts are analysed and parties involved in each contract are identified. 
Legal nature and elements of contracts, terms and obligations are identified in accordance with contract law. 
Conditions, warranties and contingencies identified in the contract are differentiated. 
Circumstances and consequences of terminating contracts are identified. 
If contractual rights have been assigned, assignment is confirmed as valid in accordance with applicable legal principles. 
Contracts are analysed in accordance with criteria using a legislative decision making process. 
Eligibility or liability of contracts is confirmed or denied in accordance with applicable statute law and case law. 
Decisions are made and notified to customers in accordance with organisational policy and procedures. 

Forms

Assessment Cover Sheet

PSPREV404A - 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:

Signature:

Date:

Assessment Record Sheet

PSPREV404A - 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: