Application
This unit describes the skills and knowledge required to assess the suitability of the dispute resolution process for vulnerable parties, and to support the physical and emotional protection of those parties.
This unit applies to dispute resolution practitioners managing complex family dispute resolution using a variety of facilitative processes within the family law environment.
The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand Standards and industry codes of practice.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
Elements define the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Assess the needs of vulnerable parties | 1.1 Identify and use standard protocols that screen 1.2 Seek specialist assistance with screening protocols according to case requirements 1.3 Ensure protocols are in place before entering into an agreement to provide family dispute resolution to parties 1.4 Recognise possible impact and risk |
2. Take measures to protect vulnerable parties | 2.1 Activate pre-determined security protocols 2.2 Establish a climate for the disclosure of physical and emotional safety concerns 2.3 Establish each person’s understanding of essential rules for respectful and safe participation in the process 2.4 Organise and use personal protective and screening measures |
3. Manage situations that threaten safety | 3.1 Identify situations and behaviours that threaten safety of self or participants 3.2 Refer participants to community supports and alternative programs according to their individual needs 3.3 Follow established steps to suspend or terminate the family dispute resolution session to protect the safety of the participants 3.4 Adhere to organisational and legislative reporting and documentation requirements |
Evidence of Performance
The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:
performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients, under the supervision of an accredited Family Dispute Resolution Practitioner (FDRP), in a dispute resolution service
facilitated, either individually or in a co-facilitation capacity, at least 5 different dispute resolution processes that individually or cumulatively include matters involving:
domestic and family violence
mental health issues
alcohol and other drugs abuse
vulnerabilities associated with people cultural and linguistically diverse backgrounds
managed sessions where all parties are present, and in a shuttle situation.
Evidence of Knowledge
The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:
legal and ethical considerations for the dispute resolution process in relation to protecting safety of vulnerable parties, and how these are applied in organisations and individual practice:
children in the workplace and child-focused practice
codes of conduct
discrimination
duty of care
human rights
mandatory reporting
practitioner/client boundaries
policy frameworks
privacy, confidentiality and disclosure
records management
rights and responsibilities of workers, employers and clients
specific legislative frameworks that apply to family dispute resolution, including:
provisions for children and property in the Family Law Act 1975, Child Support (Assessment) Act 1989
Family Law (Family Dispute Resolution Practitioners) Regulation 2008 in terms of family dispute resolution practitioner obligations and role
work role boundaries – responsibilities and limitations
work health and safety
key areas of diversity that may lead to vulnerability and their characteristics, including:
culture, race, ethnicity
disability
religious or spiritual beliefs
gender, including transgender and intersex
generational
sexual identity – lesbian, gay, bisexual, heterosexual
what constitutes a vulnerable party in family dispute resolution context, and associated responses and strategies, including those for situations involving:
domestic and family violence
alcohol and other drugs abuse
mental health issues
vulnerabilities associated with cultural and linguistic diversity, including Aboriginal and/or Torres Strait Islander people
impact of trauma
potential needs of vulnerable groups, including:
protective factors
physical, mental and emotional health issues/care needs
consideration of impacts of discrimination, trauma, exclusion and negative attitudes procedures and instruments to screen for vulnerability and other significant factors that may affect a party’s ability to participate before and during the dispute resolution process
safety planning requirements and procedures for clients and staff as well as limitations
how violent, controlling and intimidating behaviour may manifest, and how to respond, including:
coercion by one party over another
aggressive body language
inappropriate expressions of emotions
real or perceived threatening behaviour or language
silence, stalling, sabotage and dominance of time in the process
withdrawing with intent to terminate the session before agreements reached, as a matter of abuse of power
refusing to negotiate on any issue
techniques and protocols for dealing with potentially volatile clients and group situations
community, educational or other resources for referral or use within the dispute resolution process, including those specifically related to services for vulnerable parties
self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process.
Assessment Conditions
Skills must have been demonstrated in the workplace with the addition of simulations and scenarios where the full range of contexts and situations have not been provided in the workplace. The following conditions must be met for this unit:
use of suitable facilities, equipment and resources, including:
client and dispute information
current family dispute resolution regulations
organisation policies and procedures
modelling of industry operating conditions, including:
scenarios that involve complex interactions with families
supervision of client work by an accredited Family Dispute Resolution Practitioner (FDRP).
Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.
In addition, assessors must:
be an accredited Family Dispute Resolution Practitioner (FDRP).
Foundation Skills
The Foundation Skills describe those required skills (language, literacy, numeracy and employment skills) that are essential to performance.
Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.