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Required Skills

This Unit covers the completion of a range of common legal administrative duties and the knowledge of the legal system that is required to carry them out

This unit of competency underpins all units of competency in the Legal Services stream of the

Administration Training Package

This unit can be assessed alone or in combination with other units making up a job role

Element of Competency

Performance Criteria

Identify the main roles and responsibilities of key bodies in the legal system

The functions of the courts regulatory bodies and other legal service providers are identified

The roles of key personnel in the legal industry are identified

Practical implications of relevant legal practice legislation are explained and applied in regard to own activities

Identified gaps in knowledge are researched

Identify key personnelsections within a legal firm and their functions to complete routine administrative tasks

The key functions of a firm are identified and can be explained

The key functions of all personnelsections within a firm are identified

Personnel responsible for authorisation of specific matters are identified eg partner for authorising movement of funds in trust accounts

The correct names of personnelsections are used in administrative tasks according to a firms policies and procedures

Produce and despatch legal documentation

Purpose of documentform and the stage of the legal process to which it relates can be explained

Relevant information is accessed from the client file

Precedent is accessed from firms bank of formsroutine documentation or document drafted according to firms procedures

Filematter number is attached to all relevant documentation

Documentationform is selfchecked for accuracy and presented to the legal practitioner within agreed timelines

Self or other is organised to despatch document in the

appropriate manner

All activities actions and outcomes are documented and time recorded as required

Documentation is filed correctly

Organise self or other to apply for certificates

Timelines are arranged with designated person and documentedrecorded

Supplier of certificate is identified and located

Applicable fees taxes and rebates are identified and advised to client if appropriate

Self or other is organised to apply for certificate using appropriate application forms and processes

Record of application is obtained as appropriate

Legal practitioners review of self or others work is facilitated

Self or other is organised to pursue appropriate followup action if certificates are not received on time or further information is required

Use court etiquette appropriate to the various courts

The appropriate manner of entering into and departing from the courtstribunals is used

The appropriate manner of addressing the courtstribunals is used

Relevant legal language is used where appropriate

Gaps in knowledge of court etiquette are identified and researched

Evidence Required

Critical aspects

it is essential that the practical implications of the relevant state legislation in regard to own behaviour legal practitioner behaviour and client rights are understood and applied

key personnelsections of a firm and their functions are accurately referred to in all administrative tasks written information and in responding to enquiries

a firms policies and procedures are understood and followed

work is undertaken within specified court deadlines

correct usage of different types of documentsforms is demonstrated

the purpose of different types of documentsforms can be articulated

selects and uses grammatical structures and vocabulary appropriate to the purpose of the documentform

varies written and spoken language to meet requirements of audience and purpose

reads and interprets clients file to select appropriate information for inclusion in documentform

documentsforms produced are correct

format requirements are correct

relevant enclosures are prepared and attached in the correct manner

documentsforms are correctly prepared for lodgement or delivery

where instructing others to carry out work instructions provided are clear and provide sufficient background information and adequate explanations is given

clients or coworkers questions can be answered or are referred to a relevant person where knowledge gap or legal limitation exists

timelines set are realistic and take into account processing time

clients trust account monies can be accessed according to a firms policies and procedures and used to pay fees

correct processes as designated by supplier are followed for the lodgement and receipt of certificates

all action is recorded in the file notes

time spent is recorded against the appropriate file for invoicing purposes as per firms policies and procedures

purpose of certificates can be explained

all work is conducted within accepted codes of conduct including those relating to maintaining confidentiality use of company property duty of care ethical behaviours privacy nondiscriminatory practice conflict of interests and compliance with reasonable direction as specified by the relevant state legislation

where gaps in own knowledge become evident independent research is pursued and legal practitioner is consulted to verify knowledge or assist with research

legal terminology is used appropriately and can be explained clearly to persons without knowledge of such terms

Resource implications

The assessor must have access to appropriate documentation and resources normally found in the work environment and required to allow the job or task to be properly performed These may include

appropriate legislation and regulations relevant to common legal matters

workplace manuals and reference materials such as company policy procedural manuals and checklists

list of relevant sources of certificates and sample application forms

background information on courts their jurisdiction and behavioural requirements

appropriate technology such as computers with relevant software

appropriate texts and access to persons with expert knowledge such as legal practitioners

Consistency in performance

This unit of competency will require evidence to be collected across a range of events and over a period of time to ensure that situational variables are consistently met eg dealing with different clients andor client matters creating a range of documents for various legal matters exhibiting appropriate behaviour in different courts

Context of assessment

Evidence of competency can be met in different situations including

on the job assessment

off the job assessment

placement in an enterprise

participation in a New Apprenticeship traineeship arrangement

use of a Practice Firm or simulated work environment

Recognition of Prior Learning Recognition of Current Competencies in skill areas where there has been no significant change to work practice in recent times

Evidence gathering methods may include

demonstration

workplace performance

roleplay

simulation

oral presentation

questioning

written tests

work based written tests

third party reports

Underpinning knowledge and skills

Knowledge

evidence of current knowledge of the Legal Practice Act The Judiciary Act with regard to scope of legal practitioner and own responsibilities and obligations to client dealing with monies documentation requirements and confidentiality security and privacy issues

legal terminology is used correctly in conversation discussions and documents

relevant legal process and documentation

application of a firms policies and procedures required in the full range of tasks covered

authorised signing parties

Skills

literacy reads and interprets documentsforms selects and applies the procedures and strategies needed to perform a range of tasks eg legal forms and enclosures follows sequenced written instructions uses appropriate legal terminology and sentence structures displays awareness of purpose and context of documents

proofreading checks for accuracy

research identifies gaps in knowledge and searches and assembles relevant information

communication listens and questions to clarify information explains legal terminology to others modifies language to meet audience requirements consults where necessary with team members and clients

organisational undertakes concurrent tasks

numeracy arranges monies to be paid from trust accounts works within timelines uses a combination of oral and written mathematical and general language for the record keeping process

use of electronic mail and Internet

use of firms word processing and document management systems