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Elements and Performance Criteria

  1. Access and identify applicable legal framework.
  2. Apply knowledge of legal framework to the workplace.
  3. Communicate knowledge of legal framework.

Required Skills

Required skills

literacy skills to

read and interpret complex legal material

apply legal terminology correctly

communication and interpersonal skills to

provide explanations to others

promote understanding of legislation regulations organisational procedures and codes of practice in particular lodging of applications

research skills to

locate relevant legislation rules regulations and codes of practice

clarify intended meaning of relevant legislation rules regulations and codes of practice

initiative and enterprise skills to apply legislation rules regulations and codes of practice

Required knowledge

distinction between legal and procedural information

jurisdictional limitations

general rules of statutory interpretation

identification of the currency of legislation regulations organisational procedures and codes of practice

principles of effective client service delivery

legal accountability obligations

consequences of noncompliance with legislation regulations organisational procedures standards and codes of practice

personal limitation of legislative responsibilities and appropriate sources of expertise

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

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

Assessment must confirm the ability to

identify access and apply legislation in different jurisdictions

research identify and apply changes to relevant legislation

conduct research and obtain professional advice as appropriate to ensure that work is conducted in compliance with relevant legislation

understand personal limitation of legislative responsibilities

communicate information about legislation applying to legislative workplaces

Consistency in performance

Competency should be demonstrated by interpreting applying legislation in a range of settings over time

Context of and specific resources for assessment

Assessment must comply with

applicable regulations and codes

workplace procedures and protocols

Access may be required to

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when working in a

court or tribunal

minimum of two jurisdictions

relevant legislation protocols procedures and policy for each jurisdiction

scenarios andor case studies to capture the range of situations and issues likely to be encountered

relevant communication information and reporting systems

Guidance information for assessment

The following assessment methods are suggested

oral questioning about relevant programs roles of stakeholders and eligibility criteria

observation of the candidate providing services in a range of contexts to ensure achievement of the unit outcomes

feedback from peers andor supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly Questioning techniques should suit the language and literacy levels of the candidate


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.

Jurisdiction may include:

authority of a judicial officer or administrator to hear and decide a type of matter determined by:

geographical area

monetary value

legislation

choice of parties

Hard and soft formats may include:

electronic databases

loose leaf legislation services

government legislation publications

Sources may include:

practice directions

electronic databases

government legislation updates

Common rules of statutory interpretation may include:

golden rule

mischief rule

plain meaning or literal rule

purposive rule

Consequences of non-compliance may include:

fines

commission of an offence

costs

matter being struck out

misconduct proceedings

under-performance proceedings

Internal and external clients may include:

court users

legal practitioners

presiding officials

colleagues

senior managers

service providers

Legal terminology may include:

statutory definitions

procedural terms

documentation terms

forms of address

acronyms

Latin terms