Application
This unit describes the skills and knowledge required to prepare legal documents to support a conveyancing transaction on behalf of a client.
It applies to individuals who use organisational skills to analyse and prepare legal documents suitable for purpose.
Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the BSB Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1 Determine legal nature and relevance of documents | 1.1 Interpret the legal nature of the document 1.2 Determine the structure, function and significance of the document in the conveyancing transaction 1.3 Interpret and apply statutory and general law principles governing the document and its function in the conveyancing transaction |
2 Prepare legal document | 2.1 Identify and apply rules governing construction and interpretation of contracts and other legal documents 2.2 Identify and apply rules for use of precedents, standard form contracts, and statutory forms 2.3 Use principles of legal drafting, including the use of plain language, to prepare the document |
3 Review document against client’s needs | 3.1 Interpret and draft terms essential to protect the client’s interests 3.2 Rectify any lack of conformity with the client’s instructions |
4 Check document for accuracy | 4.1 Check parties, property information and factual details for accuracy 4.2 Check annexures to the document for accuracy and relevance 4.3 Correct gaps, lack of certainty or ambiguity in language 4.4 Review and rectify non-compliance with legal principles within the document |
Foundation Skills
This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.
Skill | Performance Criteria | Description |
Reading | 1.1-1.3, 3.1, 3.2, 4.1-4.4 | Analyses and evaluates complex documentation from a variety of sources checking for accuracy, completeness and relevance |
Writing | 2.1-2.3, 3.1-3.2, 4.3, 4.4 | Uses correct language and terminology to prepare comprehensive, clear and accurate legal documents |
Oral Communication | 3.2, 4.1, 4.3 | Uses questioning and active listening to effectively participate in verbal exchanges to convey and clarify information and resolve issues with range of personnel |
Navigate the world of work | 1.3, 2.1-2.3, 4.4 | Takes full responsibility for ensuring that all documentation and processes comply with legislative requirements and principles of legal drafting |
Interact with others | 3.2, 4.1, 4.3 | Selects and uses appropriate conventions and protocols to gain and provide relevant information on legal requirements |
Get the work done | 1.2,1.3, 2.1-2.3, 3.1, 3.2, 4.4 | Plans, organises and implements tasks and workload for efficiency and in accordance with legal and organisational requirements Uses problem solving processes to identify, analyse and address issues regarding legal documents Uses the main features and functions of digital tools to complete work tasks and to access information |
Sectors
Conveyancing