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Elements and Performance Criteria

  1. Represent council at legal proceedings
  2. Follow up outcomes of legal proceedings

Required Skills

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

Required Skills

report writing

verbal communication in a legal setting

giving evidence

interpreting outcomes of legal hearings

maintaining records of proceedings

briefing others

analytical

judgement

time management

Required Knowledge

court protocols

councils position on litigation

industrial awards and agreements

record handling

council policies and procedures including sustainability practices

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Evidence Required

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria The knowledge and skill requirements described in the Range Statement must also be demonstrated For example knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated

Critical aspects of evidence to be considered

Court protocols are adhered to

Council is represented in court

Report on outcomes is prepared for council

Context of assessment

On the job assessment andor simulated workcourt environment

Relationship to other unitsprerequisite or corequisite units

Prerequisite units nil

Corequisite units nil

Method of assessment

The following assessment methods are suggested

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written andor oral questioning to assess knowledge and understanding

completion of workplace documentation

thirdparty reports from experienced practitioners

completion of selfpaced learning materials including personal reflection and feedback from trainer coach or supervisor

Evidence required for demonstration of consistent performance

Evidence will need to be gathered over a range of variables

Resource implications

Access to

real or mock court proceedings

copies of relevant documentation including awards and agreements court documents evidence policies and procedures


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 in the Performance Criteria is detailed below.

Legal proceedings may include:

breaches of:

alleged breach of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenge to council decisions

legal challenges to council control plans, such as S94 plan

industrial court

workers compensation court

equal employment opportunity commission

compulsory conferences

conciliation

arbitration or formal hearings.

parking

dog act

health acts

litter

fire prevention regulations

Court proceeding protocols may be:

provided by relevant court.

Solicitor's brief may include:

use by council or solicitor.

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