This unit applies to individuals who apply knowledge of a range of principles in family law matters. 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 laws related to family law

1.1. Source legislation, regulations and policies relevant to family law

1.2. Interpret key legal principles as they apply to family law matters

2. Apply principles of family laws in relation to marriage dissolution, property settlement and dealing with minors

2.1. Identify and apply steps involved in marriage dissolution

2.2. Establish facts about proposed dissolution and client interests

2.3. Determine if agreement has been reached before filing on all issues regarding property, support and parenting

3. Identify and prepare appropriate costing documentation

3.1. Identify legislative and regulatory requirements for costing legal services

3.2. Determine types of costs that apply

3.3. Prepare relevant costing documentation according to organisation's policies and procedures

4. Prepare and despatch documentation

4.1. Organise self and others with respect to file documentation and administration in accordance with organisation's policies and procedures

4.2. Obtain and forward relevant background documentation to designated person for review

4.3. Prepare and present relevant documents to designated individual for review and sign-off

Required skills

communication skills to:

give and interpret instructions

obtain personal information from clients

explain legal procedures to clients

literacy skills to:

follow complex legal procedures related to family law

complete relevant family law documentation

edit and proofread documentation for accuracy and consistency of information

research skills to:

locate necessary information from external sources

identify and evaluate status of information

interpersonal skills to participate in meetings between opposing parties in a legal matter

organisational skills to:

make arrangements for meetings

receive and despatch documents

numeracy skills to calculate maintenance obligations

technology skills to operate office equipment and common software packages

Required knowledge

scope of job role in the workplace

relevant court processes, current legislation, legal processes and required documentation as they relate to family law

organisation's required policies and procedures for the full range of tasks covered

legal terminology, including that specific to family law

family law as applicable to the scope of workplace responsibilities

accepted codes of practice relevant to the workplace, 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

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:

apply knowledge of the legal and philosophical basis of family law in providing appropriate information and documentation to clients at appropriate stages of the legal process

apply relevant non-litigious solutions where appropriate

adhere to accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviour, privacy, non-discriminatory practice, conflict of interest, and compliance with reasonable direction.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

appropriate legislation and regulations relevant to family law

workplace manuals and reference materials, such as company policies, procedural manuals, checklists, sources of documentation and sample forms

background information on courts, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate texts and people with expert knowledge, such as legal practitioners

appropriate legislation and regulations relevant to common legal matters.

Method of assessment

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

analysis of responses to case studies and scenarios

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

observation of role plays

review of marriage dissolution and other relevant documents prepared

evaluation of level of maintenance calculated

oral or written questioning to assess knowledge of legal terminology specific to family law.

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.

Legislation, regulations and policies may include:

commonwealth, state and territory legislation and regulations relating to:

family law, including marriage dissolution, property settlement, family violence and custody of children

taxation.

Steps involved in marriage dissolution may include:

period of twelve month separation

court ordered mediation

addressing issues arising from family violence

acknowledging service

applying to Family Court for dissolution of marriage

assessing spouse's respective assets and personal input into marriage

court counselling and mediation

court hearings

granting of decree nisi

determining maintenance arrangements

one month after granting of decree nisi, granting of decree absolute

determining residence and contact

serving dissolution documents

serving subpoena to give evidence at court

settling on property

three month cohabitation where possible

where children are involved, settling on custody arrangements

possible appeal rights.

Client may include:

applicant for marriage dissolution (person seeking a divorce)

grandparent or guardian

husband

wife.

Legislative and regulatory requirements may relate to:

client and organisation, such as consumer protection policies

establishing a trust account

government legal practice Acts in state or territory

legislation and regulations governing family law and associated matters.

Organisation's policies and procedures relating to costing documentation may relate to:

credit policy

protocol for costing, including:

billable hours

fixed quote

legal aid requirements

no fee no win

pro bono

scale of costs

special rates

tender rates

recording information

security, confidentiality and privacy procedures

using external cost consultants

verifying and authorising information.

Organisation's policies and procedures relating to file documentation and administration may include:

accessing files

code of conduct

conflict of interest check

contingency management

fee structure

individual procedures adopted by instructing legal practitioner

information sources

initiation of files

interviewing

office procedural manual

protocol for accommodating specific client needs, e.g. case manager or social worker

protocol for contacting clients, e.g. translator or interpreter

recording information

telephone protocol

time-recording procedures.

Relevant background documentation may include:

affidavits concerning personal input into marriage

application for final orders

bank statements

certificates

documentation concerning school fees and expenses

expert reports

land title documents

letters

mortgage documents

other financial statements

salary documents

statement of shares

taxation documents.

Designated person may include:

barrister

legal practice manager

legal practitioner

supervisor.

Relevant documents may include:

acknowledgement of service

affidavits on various matters

application for dissolution of marriage

counselling certificate

letter confirming the granting of a decree nisi

letters to clients

marriage certificate.

Unit sector

Administration - legal administration

This unit contains employability skills.