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

PSPCRT506B Mapping and Delivery Guide
Perform quasi-judicial functions

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency PSPCRT506B - Perform quasi-judicial functions
Description This unit covers the competencies required to perform quasi-judicial functions as prescribed by legislation and Rules of Court. It includes advising on rules and legislation, settling court orders and presiding in prescribed matters.In practice, performance of quasi-judicial functions may overlap with other generalist or specialist public sector work activities, such as acting ethically, complying with legislation, working with diversity and advising on policy. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application The task of advising on legislation, settling court orders and presiding in prescribed matters will be undertaken by authorised court officials under specified rules, practices and procedures.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Not applicable.
Competency Field Courts.
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: Provide information and options on rules and legislation.
  • Interpretation of rules and legislation is provided in the context of specific and general practice and procedure.
  • Severity of urgent matters and course of procedure are assessed according to rules, legislation, organisational policy and procedures.
  • Intent of legislation is determined and advice is provided according to rules, practice and procedures.
       
Element: Settle orders.
  • Draft orders provided are interpreted and amended according to record of outcome.
  • Liaison is undertaken with legal representatives, judicial officers and associates about discrepancies in interpretation of the orders made.
  • Final orders made at hearings are prepared.
  • Completed orders are signed and sealed according to practice and procedure.
  • Cases are settled in accordance with rules, legislation and natural justice.
       
Element: Preside in prescribed matters.
  • Case flow requirements are assessed in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case flow management.
  • Discussion is facilitated to explain the reason for a hearing and to achieve settlement of the matter between the parties.
  • Issues are confirmed and options discussed in accordance with legislation, practice and procedure.
  • Direction and guidance are provided to the parties in accordance with legislation and rules.
  • Decisions or orders are made to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.
  • For matters proceeding to further hearing, the expeditious listing and hearing of matters are provided for, according to legislation, rules, and organisational policy and procedures.
       


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

Competency must be demonstrated in performing quasi-judicial functions as prescribed by legislation and Rules of Court.

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

Assessment must confirm the ability to:

provide interpretation of rules and legislation

assess matters and affect their course of procedure

provide information and options on intent of legislation

apply natural justice to case settlements

facilitate effective discussion with parties

complete documentation

manage effective case flow

comply with legislative and organisational policies and procedures

Consistency in performance

Competency should be demonstrated by performing quasi-judicial functions on a range of occasions, over time.

Context of and specific resources for assessment

Assessment must comply with:

applicable regulations and codes

workplace procedures and protocols

Access may be required to:

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when performing quasi-judicial functions, including coping with difficulties, irregularities and breakdowns in routine

legislation, policy, procedures and protocols relating to quasi-judicial functions

case studies and workplace scenarios to capture the range of situations likely to be encountered when performing quasi-judicial functions

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about relevant legislation, acting ethically, and applying processes

observation of the candidate responding to a range of contexts to ensure achievement of the unit outcomes

feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

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

initiative and enterprise skills to:

interpret and apply legislation, rules, practice and procedures in the performance of quasi-judicial functions

apply procedures relating to public sector legislation, such as OHS and environment in the context of performing quasi-judicial functions

interpersonal skills to facilitate informal but effective discussion between legal representatives and parties while maintaining impartiality

problem-solving skills to deal with conflict to ensure efficient case flow

communication skills to:

deal effectively with a diverse range of people, such as the judiciary, legal profession and litigants

liaise with parties

explain legislation

interpersonal skills to respond to diversity, including gender and disability

self-management skills to evaluate and make decisions that require integrity and fairness

Required knowledge

alternative dispute resolution provisions and processes of courts

courts administration structure

equal employment opportunity principles

equity and diversity principles

legislation conferring jurisdiction on court

legislation, rules, practice, procedures and precedents relating to the performance of quasi-judicial functions

principles of judicial independence

principles of natural justice

public sector legislation, such as OHS and environment in the context of performing quasi-judicial functions

structure, roles and functions of courts

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.

Orders may include:

court orders

default judgements

consent orders

warrants

adjudications

Natural justice:

refers to the concept of fairness encapsulated in the adage 'justice should be done, and be seen to be done'

means the judiciary acts fairly:

in good faith

without bias

in a 'judicial temper'

has two primary rules:

'hear the other side': a person whose interests will be affected by the decision should be given a hearing before that decision is made

'no-one shall be judged in his own case': the decision maker must be unbiased

encapsulates the rules of procedural fairness that flows from the two primary rules above and includes:

the right to be heard/put your case

the right to be informed of a complaint or case against you

the right to know reasons for decisions affecting you

the right to privacy

the right to advice

the right to representation

the right to silence

the right to an unbiased decision maker

reasonable time to prepare

no undue delay in hearing, etc

Matters may include:

bail

care and protection matters

civil

criminal

family

interlocutory

juvenile

probate

enforcement

taxation of costs

case appraisal

industrial

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
Interpretation of rules and legislation is provided in the context of specific and general practice and procedure. 
Severity of urgent matters and course of procedure are assessed according to rules, legislation, organisational policy and procedures. 
Intent of legislation is determined and advice is provided according to rules, practice and procedures. 
Draft orders provided are interpreted and amended according to record of outcome. 
Liaison is undertaken with legal representatives, judicial officers and associates about discrepancies in interpretation of the orders made. 
Final orders made at hearings are prepared. 
Completed orders are signed and sealed according to practice and procedure. 
Cases are settled in accordance with rules, legislation and natural justice. 
Case flow requirements are assessed in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case flow management. 
Discussion is facilitated to explain the reason for a hearing and to achieve settlement of the matter between the parties. 
Issues are confirmed and options discussed in accordance with legislation, practice and procedure. 
Direction and guidance are provided to the parties in accordance with legislation and rules. 
Decisions or orders are made to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice. 
For matters proceeding to further hearing, the expeditious listing and hearing of matters are provided for, according to legislation, rules, and organisational policy and procedures. 

Forms

Assessment Cover Sheet

PSPCRT506B - Perform quasi-judicial functions
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

PSPCRT506B - Perform quasi-judicial functions

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: