Application
This unit describes the skills and knowledge required to research legal systems and jurisdictions within Australia.
It applies to individuals who use well-developed research skills to analyse and evaluate information from a variety of sources to provide support in a range of legal service settings.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
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. Identify sources of law | 1.1 Identify main institutions of government in Australia 1.2 Research sources of Australian law 1.3 Assess rules for resolving conflicts of laws |
2. Identify and analyse relationships between the Federal and the states and territories governments | 2.1 Identify legislative powers of Australian Federal Government and limits of that power 2.2 Analyse legislative powers of states and territories 2.3 Evaluate relationship between legislative powers of the Federal Government and state and territory governments |
3. Differentiate between civil and criminal proceedings | 3.1 Identify and examine differences in law and procedures between civil and criminal proceedings 3.2 Analyse findings and determine which court would hear particular cases |
4. Examine elements of adversary trial system | 4.1 Identify main features of adversary system of trial 4.2 Evaluate these features and determine how they apply in the legal environment |
5. Examine elements of precedent | 5.1 Identify main features of principles of precedent 5.2 Analyse how precedent is applied in the legal environment 5.3 Examine and document outcomes of precedent |
6. Examine legislation | 6.1 Examine principles for reading and interpreting legislation 6.2 Apply principles for reading and interpreting legislation in the legal environment |
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, 1.2, 2.1-2.3, 3.1, 3.2, 4.1, 4.2, 5.1-5.3, 6.1, 6.2 | Identifies, analyses and evaluates complex text to obtain information about federal, state and territory government systems and determine specific requirements within the legal environment |
Writing | 1.3, 2.2, 2.3, 3.2, 4.2, 5.2, 5.3 | Records results of investigations using clear and comprehensible language and grammar to convey detailed information and capture different perspectives |
Navigate the world of work | 1.2, 2.1-2.3, 3.1, 4.1, 4.2, 5.1-5.3, 6.1, 6.2 | Ensures knowledge of legislation, regulations, jurisdictions and procedures relevant to role is accurate, comprehensive and current |
Get the work done | 1.1, 2.1-2.3, 3.1, 3.2, 4.1, 4.2, 5.1-5.3, 6.1, 6.2 | Organises, plans and sequences tasks required to achieve required outcomes Uses systematic, analytical processes in non-routine situations, gathering relevant information and identifying and evaluating options |
Sectors
Administration – Legal Services Administration