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

FNSCNV504A Mapping and Delivery Guide
Prepare legal documents

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSCNV504A - Prepare legal documents
Description This unit describes the performance outcomes, skills and knowledge required to prepare legal documents to support a conveyancing transaction on behalf of a client, and encompasses identifying the legal nature of the document and its preparation and suitability for purpose.This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application The unit has application to job roles involving conveyancing transactions in real estate, business or personal assets.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field
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: Legal nature and relevance of the document is determined
  • The legal nature of the document is identified
  • The function and significance of the document in the conveyancing transaction is determined
  • Statutory and general law principles governing the document and its function in the conveyancing transaction are identified and applied
  • The structure of the document is determined
       
Element: Prepare legal document
  • Rules governing construction and interpretation of contracts and other legal documents are identified and applied
  • Rules for use of precedents, standard form contracts, and statutory forms are identified and applied
  • Principles of legal drafting are employed including the use of plain language
       
Element: Review document against client's needs
  • Terms essential to protect the client's interests are identified and drafted
  • Any lack of conformity with the client's instructions is identified and rectified
       
Element: Check document for accuracy
  • Parties, property information and factual details are checked for accuracy
  • Annexures to the document are checked for accuracy and relevance
  • Gaps, lack of certainty or ambiguity in language are identified and corrected
  • Non-compliance with legal principles within the document is identified and rectified
       


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:

identify suitable legal document requirements based on client's needs

prepare accurate and effective documents that comply with legal requirements

identify errors, inconsistencies and omissions in legal documents.

Context of and specific resources for assessment

Assessment must ensure:

competency is demonstrated in the context of the work environment and conditions specified in the range statement either in a workplace or a closely simulated work environment

access to and use of a range of common office equipment, technology, software and consumables

suitable assessment records showing the preparation of a variety of legal documents to support a transaction.

Method of assessment

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

evaluating an integrated activity, which combines the elements of competency for the unit, or a cluster of related units of competency

verbal or written questioning on underpinning knowledge and skills which may include formal examinations

setting and reviewing workplace projects and business simulations or scenarios

evaluating samples of work

accessing and validating third party reports.

Guidance information for assessment

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

analytical, evaluative and deductive reasoning skills relevant to identifying:

the range of legal documents that may be encountered in a conveyancing transaction

all aspects of aconveyancing transaction

communication skills to:

determine and confirm client requirements, using questioning and active listening as required

liaise with others, share information, listen and understand

use language and concepts appropriate to cultural differences

obtain and clarify instructions from others

prepare comprehensive, clear and accurate legal documents

gathering, recording and consolidating financial information

IT skills for accessing and using appropriate software such as spreadsheets, databases and legal drafting software

literacy skills to read and interpret documentation from a variety of sources

numeracy skills to accurately analyse, record and store data in accordance with organisational requirements

organisational skills, including the ability to plan and sequence work

problem solving skills to address issues that may arise in relation to legal documents in conveyancing transactions

research and analysis skills for accessing, interpreting and managing complex information

skills to negotiate with other professionals and skills to interview, take instructions and clarify instructions

Required knowledge

business principles and law applicable to conveyancing transactions, including legislative and general law (common law and equity)

consumer protection requirements

current definitions of conflict of interest within legislation and the industry

current legislative, regulatory and industry practices, procedures and services

insurance requirements relevant to a conveyancing transaction

language of the law/plain language vocabulary

policies, procedures and business requirements of the practice

professional and industry terminology

relevant legislation and common law

rules and procedures for use of precedents and statutory forms)

rules of construction and interpretation of documents

types of contracts and other documents used in conveyancing

types of transactions for personal, business or real estate conveyancing

use of particular words or terms causing problems (e.g. shall/may/must/will)

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.

Documents may include:

abstract of title

acknowledgement under succession laws

agency agreement

agreement for assignment of lease

agreement for sale of business

agreement for sale of shares

caveat

contracts for sale

corporate constitution

deed of conveyance

deed of guarantee

deed of mortgage

deed of variation of contract for sale

discharge of mortgage

documents creating easements, restrictive covenants, positive covenants, profits a prendre and other proprietary interests in land

loan contract

mortgage

notice of claim for compensation

notice of death (surviving joint tenant)

notice of rescission of agreement for sale of land

notice of sale

notice to complete

option contracts

power of attorney

requisitions on title

residential tenancy agreement

retail lease agreement

transfer

transfer of shares

transfer under power of sale

transmission application

variation of mortgage.

Statutory and general law principles may include the law relating to:

agency, including powers of attorney

bankruptcy and insolvency

civil liability, in particular the tort of negligence

construction of contracts and other documents

consumer protection

contracts

family relations law

finance and securities, including mortgages and guarantees

insurance

law of vendor and purchaser

leases and tenancies

legal drafting

negotiable instruments, in particular cheques

revenue law, applicable to conveyancing transactions

sale and transfer of real and personal property

succession and estates

the conveyancing process

title systems and analysis

trusts and business structures.

Principles of legal drafting may include:

plain language

consider the reader

keep needs of all readers in mind

one word only not couplets or strings of words or clusters

spelling and grammar

take professional approach

use of English not Latin or legalese

use of provisos, conditions and qualifications

use of short sentences

use of technical terms

structure of documents

definitions

different uses of deeds and agreements

formal structure of deeds and agreements

ordering contents in logical order

outline plan of contents

recitals

signalling aids - paragraphs, headings, numbering, highlighting, marginal notes

statutory documents including statutory declarations

use of schedules, appendices and annexure

aids for structuring sentences

avoiding adjectival phrases

drafting in clauses and sub-clauses

proper use of grammar and punctuation

use of brackets

clarity of language

active rather than passive voice

avoiding ambiguity, vagueness and generality

avoiding legalese

avoiding sexism and racism

concrete words v abstract words

draft in positive rather than negative where possible

present rather than future tense

proper definition or time expressions

proper use of verbs

rules of construction and interpretation of documents

operative parts

ordinary natural meaning of words, the expressed intention rather than intention of parties ascertained from exterior (the literal meaning rule)

reasonable construction to be preferred in case where ambiguous

recitals

statutory interpretation of documents

taken to encompass whole agreement

the document is to be read as a whole

the document will be construed against the party responsible for choosing its language

to express one is to exclude the other

words of the same kind will restrict the general

words to be constructed so that the object is carried out

words to be interpreted to give some effect

use of particular words causing problems

and/ or

either, or, each, all, any

less than, more than

other, otherwise

shall, may, must, will

rules and procedures for use of precedents and statutory forms

apply analytical thought to purpose of document

check for inconsistencies in style and repetitions if two or more precedents combined

consider any changes in law since precedent created

ensure special circumstances reflected and adapt to requirements of particular situation ensuring all topics covered

know meaning of all terms used

update regularly

use a checklist

terms of the contract

terms of the contract and interpretation of document

classification of terms: conditions, warranties, intermediate terms, conditions precedent, conditions subsequent

distinction between representations and term

entire agreement clauses

exclusion or limitation clauses

express terms

implied terms, in particular terms implied by conveyancing and transfer of land statutes

stipulations as to time (including 'time of the essence' clauses).

penalties, termination and forfeiture clauses

rules relating to deeds, including preliminary parts of a deed, recitals, operative parts and attestation

statutory rules regarding construction of conveyance of any property beneficially to two or more persons together.

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
The legal nature of the document is identified 
The function and significance of the document in the conveyancing transaction is determined 
Statutory and general law principles governing the document and its function in the conveyancing transaction are identified and applied 
The structure of the document is determined 
Rules governing construction and interpretation of contracts and other legal documents are identified and applied 
Rules for use of precedents, standard form contracts, and statutory forms are identified and applied 
Principles of legal drafting are employed including the use of plain language 
Terms essential to protect the client's interests are identified and drafted 
Any lack of conformity with the client's instructions is identified and rectified 
Parties, property information and factual details are checked for accuracy 
Annexures to the document are checked for accuracy and relevance 
Gaps, lack of certainty or ambiguity in language are identified and corrected 
Non-compliance with legal principles within the document is identified and rectified 

Forms

Assessment Cover Sheet

FNSCNV504A - Prepare legal documents
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

FNSCNV504A - Prepare legal documents

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: