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Elements and Performance Criteria

  1. Encourage clients to comply with legislative, statutory and/or court orders
  2. Implement strategies to assist the client with compliance
  3. Monitor compliance with legislative requirements and/or court orders
  4. Manage unacceptable behaviour related to mandated compliance

Required Skills

This describes the essential skills and knowledge and their level required for this unit

Essential knowledge

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit manage the task and manage contingencies in the context of the identified work role

These include

Understanding different types of legislationlaws that may have resultant court orders that necessitate clients mandated compliance to engage and attend in service provision

Specific knowledge of the types of situations where mandated orders apply and the consequences of non compliance

Policies of the organisation that provide specific procedures and guidance for working with mandated clients

Process for the management non compliance by mandated clients including the levels of responsibilities for clients workers organisations and other external entities

Potential liabilities andor consequences for clients workers and organisation if court orders or legislative requirements are breached

Strategies for engaging involuntary and mandated clients so that genuine attempts are made to ensure clients have every opportunity to demonstrate compliant behaviour

Interpersonal techniques for safely and constructively challenging client non compliance within scope of job role

Safety management and planning strategies to address any aggressive resistant behaviour by involuntary and mandated clients

Indicators of potential conflict and crisis situations and how to de escalate these situations

Awareness of own limitations and when to consult more experienced practitioners supervisors or colleagues for support in working with mandated clients

Awareness of organisation policies and procedures relating to responding to responses of behaviour safety and security delegations and duty of care

Principles of negotiation conflict resolution and effective communication techniques

Reporting procedures and practices internal and external for working with involuntary and mandated clients

Awareness of the issues that may arise when working with mandated and involuntary clients

Support and referral services and specialist as well as relevant a legal entities

Principles of cultural practices and customs of the client and their impact on behaviour in a mandated participation context

Essential skills

It is critical that the candidate demonstrate the ability to

Comprehend and clarify for others including colleagues and clients any requirements of mandated orders

Identify and seek out expert individuals and services to provide advice to clients on their rights and responsibilities as involuntary clients

Apply effective interpersonal skills and conflict resolution skills particularly negotiation in complex situations of high conflict as a result of a clients resistance to comply with orders

Observe interpret and cautiously describe in observational notes the clients interaction with others and any relevance to mandated orders

Identify the need to seek support form colleagues when working with involuntary clients

Identify and respond within job role to any potential risks or concerns for own or others safety as a result of working with involuntary clients

Apply a range of strategies for engaging with the client to problem solving issues of non compliance

In addition the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit manage the task and manage contingencies in the context of the identified work role

These include the ability to

Constructively and safely challenge clients non compliance with orders where this a requirement of the job role

Apply effective communication skills including

listening and understanding

speaking clearly and directly

persuading effectively

empathising

being appropriately assertive

negotiating responsively

Work with diverse individuals and groups

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria Required Skills and Knowledge the Range Statement and the Assessment Guidelines for this Training Package

Critical aspects for assessment and evidence required to demonstrate this unit of competency


The individual being assessed must provide evidence of specified essential knowledge as well as skills

Consistency of performance should be demonstrated over the required range of situations relevant to the workplace and over a period of time

Where for reasons of safety space or access to equipment and resources assessment takes place away from the workplace the assessment environment should represent workplace conditions as closely as possible

Access and equity considerations

All workers in community services should be aware of access equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities workers should be aware of cultural historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues in particular relating to factors impacting on Aboriginal andor Torres Strait Islander clients and communities

Context of and specific resources for assessment

This unit can be assessed independently however holistic assessment practice with other community services units of competency is encouraged

Resource requirements for assessment include access to

a relevant workplace or an appropriately simulated environment where assessment may take place

Method of assessment

Observation in the workplace if possible

where performance is not directly observed andor is required to be demonstrated over a period of time andor in a number of workplace settings any evidence should be authenticated by colleagues supervisors clients or other appropriate persons

in cases where the learner does not have the opportunity to cover all relevant aspects in the work environment the remainder should be assessed through realistic simulations projects previous relevant experience or oral questioning on What if scenarios

Assessment of this unit of competence will usually include observation of processes and procedures oral andor written assignmentsprojects or questioning on essential knowledge and skills and consideration of required attitudes

Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice

The assessment environment should not disadvantage the candidate

Assessment practices should take into account any relevant language or cultural issues related to Aboriginality gender or language barriers other than English

Where the candidate has a disability reasonable adjustment may be applied during assessment

Language and literacy demands of the assessment task should not be higher than those of the work role


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. Add any 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.

Mandated orders may include but are not limited to:

Court orders issued as a matter of federal or state legislation and jurisdictions:

contact orders program

child protection matter

family law matters

domestic and family violence orders

Mandated clients includes:

Individuals attending the organisation or participating in aspects of service provision as a result of a court or other legally binding arrangement or directive

Involuntary participant

Complex matters may include:

Client may have additional needs that affect their ability to comply with court or other orders/agreements:

mental health issues

alcohol and other drug issues

financial problems

transportation issues

child care problems

communication issues

disability

language or other cultural factors

conflicting orders

violence and/or abusive behaviour

Limitations for working with mandated clients may include:

Client consistently resists compliance after all attempts are made by workers to engage with the client

Assessed risk determine that to continue to engage with the involuntary client has potential detrimental consequences

When clients deliberately sabotage attempts by the organisation and the workers to establish a workable arrangement for meeting court order requirements

When the needs of the client are beyond the purpose and capacity of service provision

When clients exhibit behaviours that are perceived or real threats to the safety of workers, colleagues or other clients

When courts or other legal entities direct the service provision to cease

Communication strategies may include:

Use of positive assertive language

Non-verbal gestures

Constructive questioning/listening

Tone of voice

Awareness of cultural values and sensitivity

Defusing verbal aggression

Negotiating agreements

Languages other than English

Indigenous languages

Visual language

Assistive language technology

Other supports or services may include:

Legal advisers

Psychologists

Social Worker

Drug and Alcohol services

Community support agencies

Child Support Agency

Family Law Court

Family Relationships Centres

Behavioural education programs

Medical Services

Unacceptable behaviour may include but is not limited to:

Actual violence, threats of violence to workers and or others

Verbal abuse or aggression towards workers and/or others

Manipulation and sabotage of processes aimed at engagement and facilitation of services