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

FNSMCA402 Mapping and Delivery Guide
Initiate legal recovery of debts

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSMCA402 - Initiate legal recovery of debts
Description
Employability Skills
Learning Outcomes and Application This unit describes skills and knowledge required to establish contact and rapport with debtors and successfully collect debts using a relevant legal recovery process.It applies to individuals who use specialised knowledge of legal requirements and follow organisational procedures to complete tasks.Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the mercantile agents field of work and include access to:

office equipment, technology, software and consumables

relevant legislation and industry codes of practice in the mercantile agent field.

Assessors must satisfy NVR/AQTF assessor requirements.
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
  • Interpret and confirm client’s written instructions
  • Identify relevant legal and procedural issues for consideration and action in accordance with legislative requirements and organisational policy and procedures
  • Check all appropriate mercantile data for relevant information to determine subject’s whereabouts and credit history
  • Develop appropriate plan for contact, with most appropriate means of communication selected
       
Element: Negotiate debt payment and settlements
  • Establish contact and build rapport with subject, using most appropriate means of communication
  • Propose and negotiate debt payment and settlements with subject, according to organisational policy and procedures, and client needs
  • Discuss outcomes with management, when required, and document recommendations clearly and concisely providing reasons for proceeding, not proceeding or strategies for taking further action with debt payment and settlements
       
Element: Present recommendations to client and implement
  • Present documented recommendations to client and obtain agreement on how to proceed
  • Initiate legal process, when appropriate, in line with client needs and legal requirements, and progress in accordance with court requirements
  • Complete necessary supporting documents correctly and in line with court requirements
       


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.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Plan and prepare procedures

1.1 Interpret and confirm client’s written instructions

1.2 Identify relevant legal and procedural issues for consideration and action in accordance with legislative requirements and organisational policy and procedures

1.3 Check all appropriate mercantile data for relevant information to determine subject’s whereabouts and credit history

1.4 Develop appropriate plan for contact, with most appropriate means of communication selected

2. Negotiate debt payment and settlements

2.1 Establish contact and build rapport with subject, using most appropriate means of communication

2.2 Propose and negotiate debt payment and settlements with subject, according to organisational policy and procedures, and client needs

2.3 Discuss outcomes with management, when required, and document recommendations clearly and concisely providing reasons for proceeding, not proceeding or strategies for taking further action with debt payment and settlements

3. Present recommendations to client and implement

3.1 Present documented recommendations to client and obtain agreement on how to proceed

3.2 Initiate legal process, when appropriate, in line with client needs and legal requirements, and progress in accordance with court requirements

3.2 Complete necessary supporting documents correctly and in line with court requirements

Evidence of the ability to:

interpret and comply with legislative requirements, industry code of conduct and regulations, and organisational policy and procedures in the credit management and mercantile agents field

identify appropriate mercantile data for relevant information for locating subjects and credit history

develop a contact plan

negotiate effectively with debtors to come to a satisfactory agreement to repay, wherever possible

complete relevant documentation in accordance with legal, industry and organisational requirements and guidelines

present and explain documentation to clients, verifying recommendations to gain their agreement.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

describe key features of relevant:

state or territory and Commonwealth legislation relating to debt collection

regulatory authorities

court jurisdictions

appeal procedures

outline the organisational policy and procedures and legal obligations underpinning credit management functions and their relationship to mercantile agents

outline the business principles, financial arrangements and legal obligations of:

sole traders

partnerships

companies

describe the role of the Australian Securities and Investments Commission (ASIC) in relation to:

businesses

principles of limited liability

insolvency and bankruptcy

principles of association under the Associations Reform Incorporation Act

principles and obligations of trusts

costing of contracts

outline and explain securities loans and principles:

factoring

guarantees

indemnity

securities over property

retention of title

liens.

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.

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Plan and prepare procedures

1.1 Interpret and confirm client’s written instructions

1.2 Identify relevant legal and procedural issues for consideration and action in accordance with legislative requirements and organisational policy and procedures

1.3 Check all appropriate mercantile data for relevant information to determine subject’s whereabouts and credit history

1.4 Develop appropriate plan for contact, with most appropriate means of communication selected

2. Negotiate debt payment and settlements

2.1 Establish contact and build rapport with subject, using most appropriate means of communication

2.2 Propose and negotiate debt payment and settlements with subject, according to organisational policy and procedures, and client needs

2.3 Discuss outcomes with management, when required, and document recommendations clearly and concisely providing reasons for proceeding, not proceeding or strategies for taking further action with debt payment and settlements

3. Present recommendations to client and implement

3.1 Present documented recommendations to client and obtain agreement on how to proceed

3.2 Initiate legal process, when appropriate, in line with client needs and legal requirements, and progress in accordance with court requirements

3.2 Complete necessary supporting documents correctly and in line with court requirements

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
Interpret and confirm client’s written instructions 
Identify relevant legal and procedural issues for consideration and action in accordance with legislative requirements and organisational policy and procedures 
Check all appropriate mercantile data for relevant information to determine subject’s whereabouts and credit history 
Develop appropriate plan for contact, with most appropriate means of communication selected 
Establish contact and build rapport with subject, using most appropriate means of communication 
Propose and negotiate debt payment and settlements with subject, according to organisational policy and procedures, and client needs 
Discuss outcomes with management, when required, and document recommendations clearly and concisely providing reasons for proceeding, not proceeding or strategies for taking further action with debt payment and settlements 
Present documented recommendations to client and obtain agreement on how to proceed 
Initiate legal process, when appropriate, in line with client needs and legal requirements, and progress in accordance with court requirements 
Complete necessary supporting documents correctly and in line with court requirements 

Forms

Assessment Cover Sheet

FNSMCA402 - Initiate legal recovery of debts
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

FNSMCA402 - Initiate legal recovery of debts

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: