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Elements and Performance Criteria
Performance Evidence
Knowledge Evidence
The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:
legal and ethical considerations for the dispute resolution process in relation to protecting safety of vulnerable parties, and how these are applied in organisations and individual practice:children in the workplace and child-focused practicecodes of conduct discriminationduty of care human rights mandatory reporting practitioner/client boundaries policy frameworksprivacy, confidentiality and disclosurerecords management rights and responsibilities of workers, employers and clientsspecific legislative frameworks that apply to family dispute resolution, including:provisions for children and property in the Family Law Act 1975, Child Support (Assessment) Act 1989Family Law (Family Dispute Resolution Practitioners) Regulation 2008 in terms of family dispute resolution practitioner obligations and rolework role boundaries – responsibilities and limitationswork health and safetykey areas of diversity that may lead to vulnerability and their characteristics, including:culture, race, ethnicitydisabilityreligious or spiritual beliefsgender, including transgender and intersexgenerationalsexual identity – lesbian, gay, bisexual, heterosexualwhat constitutes a vulnerable party in family dispute resolution context, and associated responses and strategies, including those for situations involving:domestic and family violencealcohol and other drugs abusemental health issuesvulnerabilities associated with cultural and linguistic diversity, including Aboriginal and/or Torres Strait Islander peopleimpact of traumapotential needs of vulnerable groups, including:protective factorsphysical, mental and emotional health issues/care needsconsideration of impacts of discrimination, trauma, exclusion and negative attitudes procedures and instruments to screen for vulnerability and other significant factors that may affect a party’s ability to participate before and during the dispute resolution process safety planning requirements and procedures for clients and staff as well as limitationshow violent, controlling and intimidating behaviour may manifest, and how to respond, including:coercion by one party over anotheraggressive body languageinappropriate expressions of emotionsreal or perceived threatening behaviour or languagesilence, stalling, sabotage and dominance of time in the process withdrawing with intent to terminate the session before agreements reached, as a matter of abuse of powerrefusing to negotiate on any issuetechniques and protocols for dealing with potentially volatile clients and group situationscommunity, educational or other resources for referral or use within the dispute resolution process, including those specifically related to services for vulnerable partiesself knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process.