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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Identify key features of contracts
  2. Assess contracts for eligibility and liability
  3. Identify key features of contracts
  4. Assess contracts for eligibility and liability

Required Skills

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

Required skills

Look for evidence that confirms skills in

reading and analysing complex and formal documents such as contracts legislation and related materials and applying them to work situations

communicating with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts

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

responding to diversity including gender and disability when dealing with customers

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

Required knowledge

Look for evidence that confirms knowledge and understanding of

sources of contract law

rules of construction of contracts

privacy doctrine of contracts

what may constitute a breach of contract

termination of contract eg by consent by frustration etc

legislative decision making process

principles applicable to assignment of contractual rights

confidentiality provisions

Evidence Required

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole It must be read in conjunction with the unit descriptor performance criteria The range statement and the Assessment Guidelines for the Public Sector Training Package

Units to be assessed together

Coassessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include

PSPETHCA Uphold and support the values and principles of public service

PSPETHC401A Uphold and support the values and principles of public service

PSPREVA Identify and apply statute law

PSPREV401A Identify and apply statute law

PSPREVA Undertake legislative decision making

PSPREV402A Undertake legislative decision making

PSPREVA Manage information on legal entities relationships and property

PSPREV403A Manage information on legal entities, relationships and property

PSPREVA Assess applications for grants subsidies and rebates

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOVB Deliver and monitor service to clients

PSPGOV402B Deliver and monitor service to clients

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria look for evidence that confirms

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment

Resources required to carry out assessment

These resources include

legislative decision making process

government legislation regulations rulings Commissioners practices and other applicable case law relating to contracts

organisational procedures and protocols relating to interpretation and assessment of contracts

scenarios and case studies to capture the range of situations likely to be encountered when interpreting and assessing contracts

access to relevant systems

Where and how to assess evidence

Valid assessment of this unit requires

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when interpreting and assessing contracts including coping with difficulties irregularities and breakdowns in routine

interpretation and assessment of contracts in a range of three or more contexts or occasions over time

Assessment methods should reflect but not exceed workplace demands such as literacy and the needs of individuals who might be disadvantaged

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace andor training courses and may include a combination of two or more of

workplace projects

simulation or role plays

case studies and scenarios

portfolios

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments


Range Statement

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.

Elements of a contract include:

parameters of agreement

consideration

intention to create legal relations

impartiality

Conditions are:

important contractual terms in a contract where a breach deprives the innocent party of substantially the whole intended benefit from the contract, and allows the party to terminate the contract and sue for damages

Warranties are:

less important terms in a contract where a breach will not deprive the innocent party of substantially the whole intended benefit from the contract, and will only entitle the innocent party to sue for damages

Contingencies are:

obligations that are conditional upon the happening of a prescribed event