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

FNSMCA303A Mapping and Delivery Guide
Serve legal process

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSMCA303A - Serve legal process
Description This unit describes the performance outcomes, skills and knowledge required to investigate and analyse client legal requirements for preparing documentation and serving legal processes.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 This unit applies to mercantile agent job roles.
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: Plan and prepare procedures
  • Client's written instructions are accurately and clearly interpreted
  • Relevant legal and procedural issues for consideration and action are identified in accordance with current legislation and organisation policies and procedures
  • Type of service is identified according to the nature of the debt or legal process
       
Element: Serve documents
  • Documents are checked to ensure they are complete and intact
  • Valid document being served is verified by checking contents for type of document and numbers of document for service and documents are served according to legal requirements
       
Element: Prepare affidavit of service or non-service
  • Affidavits are prepared in relation to court documents for process service worksheets with relevant factual details of service recorded in the affidavit
  • Court documents are correctly completed and signed and sworn or affirmed in accordance with court requirements and court procedural manual
  • A final report is prepared for client, detailing outcome of procedure
       


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:

take personal responsibility for fully complying with legal obligations and interpret and comply with legislative requirements and general developments in process serving

develop constructive responses when confronted with problems and difficulties

accurately complete legal documents

liaise and cooperate with a variety of persons in serving legal documents.

Context of and specific resources for assessment

Assessment must ensure:

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

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

access to relevant legal and industry documentation for process serving.

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

setting and reviewing 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

communication skills to:

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

negotiate and resolve disputes

liaise with others, share information, listen and understand

use language and concepts appropriate to cultural differences

literacy skills to:

read and interpret documentation from a variety of sources and recording, gathering and consolidating debtor information

draft reports and letters and complete legal documentation

interpret and comply with legal and ethical principles and obligations,

research and analysis skills to determine types of service and legal obligations

IT skills for accessing and using appropriate software such as spreadsheets and databases and the internet in a collection agency or credit management context

organisational skills, including the ability to plan and sequence work

Required knowledge

all relevant State or Territory and Commonwealth Acts

role, procedures and relevant documentation of the various relevant court jurisdictions and appeals procedures

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.

Clients may include:

banks

building societies

credit unions

employers

finance companies

financiers

government agencies

other commercial agents

private companies

solicitors.

Organisation policies and procedures may include:

assistance to customers on billing and collection problems

gathering information and its evaluation

legal obligations and framework

liaison and information dissemination to internal and external parties

maintenance of customer account files

making billing adjustments to customer accounts

minimising risk

overall organisation goals and objectives

reviewing and adjusting credit limits for established customers

safe storage of security documentation

trading terms and credit limits.

Types of service may include:

handed to a person, requiring a signature of that person

service on a nominated person or corporation in accordance with relevant legislation.

Documents may include:

legal notices

notice of demand

statement of claim

writs.

Relevant factual details may include:

conversation at time of service

full name of process server

identification of person

time, date and place of service.

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
Client's written instructions are accurately and clearly interpreted 
Relevant legal and procedural issues for consideration and action are identified in accordance with current legislation and organisation policies and procedures 
Type of service is identified according to the nature of the debt or legal process 
Documents are checked to ensure they are complete and intact 
Valid document being served is verified by checking contents for type of document and numbers of document for service and documents are served according to legal requirements 
Affidavits are prepared in relation to court documents for process service worksheets with relevant factual details of service recorded in the affidavit 
Court documents are correctly completed and signed and sworn or affirmed in accordance with court requirements and court procedural manual 
A final report is prepared for client, detailing outcome of procedure 

Forms

Assessment Cover Sheet

FNSMCA303A - Serve legal process
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

FNSMCA303A - Serve legal process

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: