This unit applies to individuals who provide services to support legal practitioners, while under supervision. This unit underpins all units of competency in the Legal Services stream. All aspects of legal practice may be subject to a range of legislation, rules, regulations and/or codes of practice relevant to different job roles and jurisdictions.

ELEMENT

PERFORMANCE CRITERIA

1. Plan search

1.1. Arrange timelines for completing search and plan work

1.2. Identify appropriate information sources for completing the search and identify procedure for obtaining information from sources and clarify if necessary

2. Conduct search

2.1. Access and complete appropriate search request form accurately

2.2. Prepare monies to pay for search if necessary

2.3. Organise self or other to lodge search request appropriate person/official at correct search location

2.4. Obtain record of lodgement

3. Receive outcome of search

3.1. Arrange process of obtaining information with the appropriate person/official

3.2. Organise self or other to collect information from external agency in the arranged manner

3.3. File all records of expense

3.4. Check information to see that it meets identified needs and take appropriate follow-up action with assistance if necessary

4. Deliver information

4.1. Deliver information intact to designated person

4.2. Identify and resolve difficulties within timelines

4.3. Document all activities, actions and outcomes and record time

Required skills

communication skills to listen and question to clarify information; explain legal terminology to others; and consult where necessary with team members and clients

literacy skills to follow legal procedures; follow sequenced written instructions involving legal terminology; lodge requests and provide clear and specific written instructions about information required

research skills to conduct searches such as matching, key word searches, and locate specific information from a range of sources such as libraries, internet, government information services

numeracy skills to use a combination of oral and written mathematical and general language record keeping purposes and in relation to search fees

organisational skills to select and apply the procedures and strategies needed to perform a range of tasks; and to manage tasks within specified timelines

technology skills to use a range of software, on-line applications and organisational information systems.

Required knowledge

scope of legal practitioner/support role and own responsibilities and obligations to provide legal advice, complete or sign off on legal work and/or appear in court as described by relevant jurisdiction(s)

firm's policies and procedures

accepted codes of conduct including those relating to:

privacy and confidentiality

use of company property

duty of care

ethical behaviour

non-discriminatory practice

conflict of interest

compliance with reasonable direction

legal terminology in relation to the area of law and the relevant legal process

location and appropriate search procedures of relevant search sources, including on-line information locations

standard problems and resolutions in the sourcing and delivery of information

roles and responsibilities of internal and relevant external individuals/authorities.

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 following is essential:

accurately searching and appropriately accessing a variety of information sources to meet identified needs

giving clear and sufficient instruction to others and providing adequate explanation where necessary

maintaining detailed file notes at each step of the search process, including a record of lodgement

proactively consulting the legal practitioner or supervisor where difficulties can not be resolved through standard procedures

preparing monies to pay for searches if necessary and maintaining records of all activities, actions, outcomes, time and costs in accordance with firm's policies and procedures.

Context of and specific resources for assessment

Assessment must ensure:

wherever possible the context is a real or simulated workplace

access to workplace manuals and reference materials such as company policy, procedural manuals and checklists

access to list of relevant sources of documentation and sample forms

access to background information on courts, their jurisdiction and behavioural requirements

access to appropriate technology such as computers with relevant software

access to appropriate texts and access to person's with expert knowledge such as legal practitioners

access to appropriate legislation and regulations relevant to common legal matters, such as that accessible via:

http://www.law.gov.au

http://www.ag.gov.au

http://www.austlii.edu.au/

http://www.australia.gov.au/states-territories

http://www.act.gov.au

http://www.nsw.gov.au

http://www.nt.gov.au

http://www.qld.gov.au

http://www.sa.gov.au

http://www.tas.gov.au

http://www.vic.gov.au

http://www.wa.gov.au

Method of assessment

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

analysis of responses to case studies and scenarios

assessment of written reports direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate

observation of presentations

questioning (oral or written)

review of authenticated documents from the workplace or training environment

review of testimony from team members, colleagues, supervisors or managers

tests of knowledge on relevant legislation, rules, regulations, codes of practice and research resources.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

BSBLEG301A Apply knowledge of the legal system to complete tasks

other legal services administration or general administration units.

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.

Timelines may be contingent upon:

case issues

changes in legislation

client needs

court deadlines

legal practitioner's workload

significant dates such as new year, end of financial year.

The information source may be:

external agency

on-line, including:

at agency

land data

law point

on-line services

another law firm.

Information sources may include:

Australian Securities Commission information

Business Licence Centre

Commonwealth and State Freedom of Information Acts

Consumer Affairs records

credit files (in accordance with Privacy Act)

databases

electoral rolls

motor vehicle registrations

public telephone directories

rates searches

State and Supreme Courts libraries

Titles Office/council records

other sources not included in this listing.

The search request may vary according to:

the information required before the search can be carried out

the search location

whether information can be requested by email or fax or on-line

whether specific form is required.

Search location may include:

Australian Securities Commission

Court/Institutional library

Local/Regional/State/Federal government departments

Statutory bodies

Titles Office.

Record of lodgement may include:

copy of request

email confirmation

number

receipt

stamped copy of request.

Designated person may include:

external client

external official

lawyer

legal practice manager

partner

supervisor

work colleague.

Difficulties in meeting timelines may relate to:

alterations to instructions

available resources

backlog at supplier's end

client needs

liaising with others

technical difficulties.

A firm's policies and procedures may include:

charging of search expenses

contingencies in terms of inadequate monies, unavailable information

handling monies

information sources

office procedure manual

recording information

security/confidentiality/ privacy procedures.

Legislative requirements may relate to:

Legal Practice Act, The Judiciary Act

relevant State/Territory/Commonwealth legislation

the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)

schedule of fees and duties payable

accessing information under the Freedom of Information Act

other Commonwealth, state/territory and/or local legislations, rules, regulations and/or codes of practice not included in this listing.

Unit sector

Administration - Legal Services Administration

This unit contains employability skills.