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Elements and Performance Criteria

1. Determine legal entities
   • Identify types of legal entities and confirm features of each.
   • Analyse transactions to determine the legal entities involved.
   • Determine liabilities of legal entities in accordance with the particular transactions.
2. Identify and apply information relating to legal relationships
   • Identify formation, type and nature of the legal relationshipsinvolved in transactions.
   • Map interrelationships involved in transactions to guide decision making.
   • Identify legal responsibilities of particular relationships in accordance with the particular transactions.
   • Make decisions and determine liabilities in accordance with the interrelationships and responsibilities determined.
3. Identify and apply information relating to property and assets of legal entities
   • Clarify the nature and legal types of property, and the principles relating to them.
   • Use principles relating to real and personal property, leases, licences and assignment of property to map the property and assets of legal entities.
   • Identify value of property and nature of ownership.
   • Identify and analyse mortgages, easements, memorials, restrictive covenants and other relevant documents for their effect on property ownership.
   • Map the property and assets of legal entities and examine and record their interrelationships.
   • Make decisions and determine liabilities in accordance with the property and assets of, and relationships between, the legal entities.
4. Determine legal entities
   • Identify types of legal entities and confirm features of each.
   • Analyse transactions to determine the legal entities involved.
   • Determine liabilities of legal entities in accordance with the particular transactions.
5. Identify and apply information relating to legal relationships
   • Identify formation, type and nature of the legal relationshipsinvolved in transactions.
   • Map interrelationships involved in transactions to guide decision making.
   • Identify legal responsibilities of particular relationships in accordance with the particular transactions.
   • Make decisions and determine liabilities in accordance with the interrelationships and responsibilities determined.
6. Identify and apply information relating to property and assets of legal entities
   • Clarify the nature and legal types of property, and the principles relating to them.
   • Use principles relating to real and personal property, leases, licences and assignment of property to map the property and assets of legal entities.
   • Identify value of property and nature of ownership.
   • Identify and analyse mortgages, easements, memorials, restrictive covenants and other relevant documents for their effect on property ownership.
   • Map the property and assets of legal entities and examine and record their interrelationships.
   • Make decisions and determine liabilities in accordance with the property and assets of, and relationships between, the legal entities.

Performance Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

reading and analysing complex and formal documents, including contracts, legislation and related materials, to assist in decision-making

explaining differences between different legal entities and impact of those differences on the determination of a tax or duty liability

communicating with others involving exchanges of complex information when determining legal entities, relationships and property ownership

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

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Knowledge Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

general features and underlying principles of legal entities and legal relationships

fundamental nature of property and principles relating to personal or real property, leases, licences and assignment of property

mortgages, easements, charges, memorials and restrictive covenants

sources of property law

features of a partnership

business processes

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