BSBRES404A
Research legal information using primary sources

This unit describes the performance outcomes, skills and knowledge required to work under supervision researching primary sources of legal information, locating relevant information and writing up a basic summary.A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.

Application

This unit applies to individuals who provide legal support services while under supervision. 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.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Receive and process request for information

1.1. Document request using appropriate recording system

1.2. Confirm client identity and other party's right to receive information

1.3. Clarify client needs and establish relevant criteria in consultation with designated person to ensure client needs are met

1.4. Research and identify appropriate response methods and format

1.5. Forward request for information to others where appropriate

2. Identify information sources

2.1. Identify and research relevant sources and locations of information

2.2. Obtain access to identified sources

2.3. Resolve problems with accessing information promptly and efficiently

3. Prepare to extract information

3.1. Locate and extract information relevant to particular request

3.2. Discuss and implement resolutions to problems in accessing information with designated person where appropriate

3.3. Copy extracted information according to organisation's security and confidentiality procedures

3.4. Maintain integrity of content/information

4. Ensure information meets request

4.1. Analyse, evaluate and edit extracted information to fit client needs

4.2. Combine different types of information, where appropriate, to provide response to request

5. Compose report or correspondence

5.1. Develop plan and synopsis for report or correspondence

5.2. Write report or correspondence using clear and concise language

5.3. Check spelling, punctuation and grammar, and amend where necessary

6. Prepare to format report or correspondence

6.1. Format report or correspondence according to organisation's requirements, policies and procedures

6.2. Check report or correspondence for accuracy and to ensure that intended meaning will be readily understood by recipient

7. Finalise report or correspondence

7.1. Arrange review and sign-off of report or correspondence with designated person within designated timelines

7.2. Apply organisation's information-recording procedures

7.3. Forward report or correspondence to client

Required Skills

Required skills

communication skills to provide clear and specific instructions about required information

literacy skills to:

follow complex legal procedures

consider aspects of context, purpose and audience when generating and formatting texts

edit and proofread documents to ensure clarity of meaning, accuracy and conformity to organisational requirements

numeracy skills to collate and present data, graphs and annotated references

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

problem-solving skills to use processes flexibly and interchangeably

research skills to locate specific information

technology skills to use a range of software applications

Required knowledge

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

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

relevant state, territory and commonwealth legislation, rules, regulations and codes in relation to client and firm, including:

copyright and intellectual property

freedom of information

Privacy Act

accepted codes of practice relevant to the organisation, including those relating to:

privacy and confidentiality

use of company property

duty of care

ethical behaviour

non-discriminatory practice

conflict of interest

Evidence Required

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:

locate and provide appropriate information, which meets client needs and is in required format

adhere to relevant codes of practice, in particular those relating to privacy and confidentiality

provide materials that meet organisation's policies and procedures

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

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

workplace manuals and reference materials, such as company policies, procedural manuals and checklists

list of relevant 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 unit:

analysis of responses to case studies and scenarios

observation of role plays

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

review of report or correspondence compiled in response to client request and its formatting

evaluation of how organisation's information-recording procedures have been applied

oral or written questioning to assess knowledge of accepted codes of practice relevant to the workplace.

Guidance information for assessment

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

BSBLEG413A Identify and apply the legal framework

BSBLEG414A Establish and maintain a file in legal services.


Range Statement

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.

Request for information may come from:

barrister

external client

internal staff

other parties

staff from another office.

Appropriate recording system may be:

electronic

paper-based.

Designated person may include:

external client

external official

lawyer

legal practice manager

partner

supervisor.

Appropriate response methods may include:

providing letters and reports

sending copies of original information

sending original information.

Appropriate format may include:

completion of proforma

photocopies

preparation of original documents.

Relevant sources of information may be online or hard copy and may include:

agreements

articles, including:

academic

journal

newspaper

briefs

client files

closed matter files

financial information, including:

commonwealth, state and territory

international

specific to another organisation

specific to organisation

internal correspondence

letters, including opinion letters

market research information

media, including:

audio

television

video

memorandums of law

non-legal reports

original research

libraries

pleadings

precedents

previous case histories and common law

relevant legislation

specialist texts

statistics

transcripts from supervisor's notes.

Organisation's security and confidentiality procedures may relate to non-disclosable information and may include:

addresses

court dates

fees

other clients

health status

legal history

personal history.

Integrity of content may include:

completeness

neatness

order of pages.

Different types of information may include:

certificates

correspondence

entitlements

legislation

reports.

Organisation's requirements for document formatting may include:

appropriate use of letterhead

correct line spacing

correct margins

correct use of reference

dual column system

list of enclosures

paragraph numbering

placing of headings

presence or absence of a back sheet

presence or absence of a cover sheet

specific sign-off clauses

table of contents

use of font features

use of document headers and footers.

Organisation's policies and procedures may include:

customer service protocols

document recording procedures

format of report or correspondence

information sources

protocols for accommodating specific client needs, e.g. case manager, social worker, parole officer, translator or interpreter

recording information

security, confidentiality and privacy procedures

verifying and authorising information.

Organisation's information-recording procedures may include:

attaching file name and matter number

ensuring client file is updated

maintaining time records

storing and securing copy.


Sectors

Unit sector


Competency Field

Knowledge management - research


Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.