This unit applies to individuals who research legal systems within Australia. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.

ELEMENT

PERFORMANCE CRITERIA

1. Identify sources of law

1.1. Identify the 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 Australian federal government and the states and territories

2.1. Identify legislative powers of the Australian federal government and limits on that power

2.2. Analyse the legislative powers of the states and territories

2.3. Evaluate the relationship between the legislative powers of the Australian federal government and the states and territories

3. Differentiate between civil and criminal proceedings

3.1. Identify and examine the differences in law and procedures between civil and criminal proceedings

3.2. Analyse the findings and determine which court would hear particular cases

4. Examine elements of the adversary system of trial

4.1. Identify main features of the adversary system of trial

4.2. Evaluate these features and determine how they apply in the context of the legal environment

5. Examine elements of precedent

5.1. Identify the main features of the principles of precedent

5.2. Analyse how precedent is applied in the context of a legal environment

5.3. Examine and document the 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 context of a legal environment

Required skills

computer skills to access and document information

literacy skills to read and interpret written material

research and data collection skills to identify the characteristics, similarities and differences of Australian institutions, types of proceedings and trial procedures

analytical skills to investigate and compare legal institutions

Required knowledge

institutions and main features of the Australian legal system

legal terminology in relation to areas of the practice of the law and relevant legal processes

methods used to identify appropriate information about sources of Australian law

scope of responsibilities in the context of legal framework

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 ability to:

explain the differences between Australian law making institutions

identify appropriate institutions to hear civil versus criminal proceedings

demonstrate how the adversarial system of trial operates

demonstrate the application and outcomes of the principles of precedent

read and interpret legislation.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

appropriate legislation and regulations relevant to common legal matters

relevant sources of documentation

background information on courts, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate resources and people with expert knowledge.

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:

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 about Australian legal institutions

review of analysis of the legislative powers of the states and territories

oral or written questioning to assess knowledge of the similarities and differences between Australian legal institutions, proceeding types and adversarial trial procedures

case studies on principles of precedent

case studies on reading and interpreting legislation.

Guidance information for assessment

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

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.

Main institutions may include:

commonwealth, state and territory constitutions

courts

federal system of government

governments

parliaments.

Sources may include:

British law

colonial laws

common law

customary law

equity statutes

native title.

Legislative powers may include:

concurrent powers

exclusive powers

specific powers.

Unit sector

Administration - legal administration

This unit contains employability skills.