This unit applies to individuals who apply knowledge of a range of principles of the law of torts. 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. Define nature and meaning of law of torts

1.1. Access sources of legal information on the nature and meaning of law of torts

1.2. Distinguish tort from crime, breach of contract, or other legal obligations

2. Identify principles of the law of torts

2.1. Define legal principles in the application of the law of torts

2.2. Determine key elements of law of torts matters

3. Apply relevant elements of tort

3.1. Assess legal matters relevant to possible torts

3.2. Analyse and evaluate information

3.3. Extract and document information relevant to particular matter

4. Identify remedies for breaches of law of torts

4.1. Identify circumstances giving rise to liability in law of torts

4.2. Identify and document remedies applicable to breach

4.3. Submit findings to designated person according to organisational policies and procedures

Required skills

literacy skills to read and interpret written material

research and data collection skills to identify:

characteristics, similarities and differences of Australian institutions

types of proceedings and trial procedures

analytical skills to investigate and compare legal institutions

Required knowledge

commonly used legal terminology, institutions and main features of the Australian legal system

methods used to identify appropriate information about sources of Australian law

nature and meaning of law of torts

torts relating to:

negligence

negligent misrepresentation

person, goods and land

meaning of:

occupier's liability

vicarious liability

law of defamation

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:

demonstrate knowledge of the principles of the law of torts

demonstrate knowledge of the application of the law of torts

demonstrate knowledge of liability of burden in the law of torts

apply the principles of the law of torts.

Context of and specific resources for assessment

Assessment must ensure access to:

legislation and regulations relevant to the law of torts

texts and background sources of information on the law of torts in Australia

case studies involving a range of legal matters relevant to the law of torts

personnel with expert knowledge of the law of torts.

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 in a range of contexts involving the law of torts

tests of knowledge of relevant legislation, rules, regulations and research sources

direct questioning combined with portfolios of evidence

review of authenticated documents from the workplace.

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.

Sources of legal information may include:

court library

online information services and websites

organisation's library

precedent bank

specialist texts.

Application of the law of torts may include:

defamation

negligence

protection of interests in goods

protection of interests in land

trespass to the person.

Designated persons may include:

barrister

legal practice manager

legal practitioner

supervisor.

Unit sector

Administration - legal administration

This unit contains employability skills.