• BSBLEG413A - Identify and apply the legal framework

Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

BSBLEG413A Mapping and Delivery Guide
Identify and apply the legal framework

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency BSBLEG413A - Identify and apply the legal framework
Description This unit describes the performance outcomes, skills and knowledge required to research legal systems and jurisdictions within Australia.A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to individuals who research legal systems within Australia. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field Administration - legal administration
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities
Slides
PPT
Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Identify sources of law
  • Identify the main institutions of government in Australia
  • Research sources of Australian law
  • Assess rules for resolving conflicts of laws
       
Element: Identify and analyse relationships between the Australian federal government and the states and territories
  • Identify legislative powers of the Australian federal government and limits on that power
  • Analyse the legislative powers of the states and territories
  • Evaluate the relationship between the legislative powers of the Australian federal government and the states and territories
       
Element: Differentiate between civil and criminal proceedings
  • Identify and examine the differences in law and procedures between civil and criminal proceedings
  • Analyse the findings and determine which court would hear particular cases
       
Element: Examine elements of the adversary system of trial
  • Identify main features of the adversary system of trial
  • Evaluate these features and determine how they apply in the context of the legal environment
       
Element: Examine elements of precedent
  • Identify the main features of the principles of precedent
  • Analyse how precedent is applied in the context of a legal environment
  • Examine and document the outcomes of precedent
       
Element: Examine legislation
  • Examine principles for reading and interpreting legislation
  • Apply principles for reading and interpreting legislation in the context of a legal environment
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

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.

Overview of assessment

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

Evidence of the ability to:

explain the differences between Australian law making institutions

identify appropriate institutions to hear civil versus criminal proceedings

demonstrate how the adversarial system of trial operates

demonstrate the application and outcomes of the principles of precedent

read and interpret legislation.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

appropriate legislation and regulations relevant to common legal matters

relevant sources of documentation

background information on courts, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate resources and people with expert knowledge.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate

observation of presentations about Australian legal institutions

review of analysis of the legislative powers of the states and territories

oral or written questioning to assess knowledge of the similarities and differences between Australian legal institutions, proceeding types and adversarial trial procedures

case studies on principles of precedent

case studies on reading and interpreting legislation.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)


Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

computer skills to access and document information

literacy skills to read and interpret written material

research and data collection skills to identify the characteristics, similarities and differences of Australian institutions, types of proceedings and trial procedures

analytical skills to investigate and compare legal institutions

Required knowledge

institutions and main features of the Australian legal system

legal terminology in relation to areas of the practice of the law and relevant legal processes

methods used to identify appropriate information about sources of Australian law

scope of responsibilities in the context of legal framework

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.

Main institutions may include:

commonwealth, state and territory constitutions

courts

federal system of government

governments

parliaments.

Sources may include:

British law

colonial laws

common law

customary law

equity statutes

native title.

Legislative powers may include:

concurrent powers

exclusive powers

specific powers.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify the main institutions of government in Australia 
Research sources of Australian law 
Assess rules for resolving conflicts of laws 
Identify legislative powers of the Australian federal government and limits on that power 
Analyse the legislative powers of the states and territories 
Evaluate the relationship between the legislative powers of the Australian federal government and the states and territories 
Identify and examine the differences in law and procedures between civil and criminal proceedings 
Analyse the findings and determine which court would hear particular cases 
Identify main features of the adversary system of trial 
Evaluate these features and determine how they apply in the context of the legal environment 
Identify the main features of the principles of precedent 
Analyse how precedent is applied in the context of a legal environment 
Examine and document the outcomes of precedent 
Examine principles for reading and interpreting legislation 
Apply principles for reading and interpreting legislation in the context of a legal environment 

Forms

Assessment Cover Sheet

BSBLEG413A - Identify and apply the legal framework
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

BSBLEG413A - Identify and apply the legal framework

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: