Google Links

Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

1. Identify sources of law
   • Identify the main institutions of government in Australia
   • Research sources of Australian law
   • Assess rules for resolving conflicts of laws
2. Identify and analyse relationships between the Australian federal government and the states and territories
   • Identify legislative powers of the Australian federal government and limits on that power
   • Analyse the legislative powers of the states and territories
   • Evaluate the relationship between the legislative powers of the Australian federal government and the states and territories
3. Differentiate between civil and criminal proceedings
   • Identify and examine the differences in law and procedures between civil and criminal proceedings
   • Analyse the findings and determine which court would hear particular cases
4. Examine elements of the adversary system of trial
   • Identify main features of the adversary system of trial
   • Evaluate these features and determine how they apply in the context of the legal environment
5. Examine elements of precedent
   • Identify the main features of the principles of precedent
   • Analyse how precedent is applied in the context of a legal environment
   • Examine and document the outcomes of precedent
6. Examine legislation
   • Examine principles for reading and interpreting legislation
   • Apply principles for reading and interpreting legislation in the context of a legal environment

Required Skills

Required skills

computer skills to access and document information literacy skills to read and interpret written material research and data collection skills to identify the characteristics similarities and differences of Australian institutions types of proceedings and trial procedures analytical skills to investigate and compare legal institutions

Required knowledge

institutions and main features of the Australian legal system legal terminology in relation to areas of the practice of the law and relevant legal processes methods used to identify appropriate information about sources of Australian law scope of responsibilities in the context of legal framework

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package
Overview of assessment
Critical aspects for assessment and evidence required to demonstrate competency in this unit	Evidence of the ability to explain the differences between Australian law making institutions identify appropriate institutions to hear civil versus criminal proceedings demonstrate how the adversarial system of trial operates demonstrate the application and outcomes of the principles of precedent read and interpret legislation
Context of and specific resources for assessment	Assessment must ensure access to an actual workplace or simulated environment appropriate legislation and regulations relevant to common legal matters relevant sources of documentation background information on courts their jurisdiction and behavioural requirements appropriate technology such as computers with relevant software appropriate resources and people with expert knowledge
Method of assessment	A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit direct questioning combined with review of portfolios of evidence and thirdparty workplace reports of onthejob performance by the candidate observation of presentations about Australian legal institutions review of analysis of the legislative powers of the states and territories oral or written questioning to assess knowledge of the similarities and differences between Australian legal institutions proceeding types and adversarial trial procedures case studies on principles of precedent case studies on reading and interpreting legislation
Guidance information for assessment	Holistic assessment with other units relevant to the industry sector workplace and job role is recommended

---

Range Statement

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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Main institutions may include:	commonwealth, state and territory constitutions courts federal system of government governments parliaments.
Sources may include:	British law colonial laws common law customary law equity statutes native title.
Legislative powers may include:	concurrent powers exclusive powers specific powers.

---