FNSCRD404
Utilise the legal process to recover outstanding debt


Application

This unit describes the skills and knowledge required to initiate and complete the legal process relating to the recovery of outstanding debt when briefing legal practitioners.

It applies to individuals who may use a range of analytical and organisational techniques to assess, organise and implement the requirements of debt recovery processes in cooperation with others.

Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Review appropriateness of legal recovery

1.1 Review account history and previous attempts at debt recovery to determine status

1.2 Analyse all documentation to confirm it is accurate and complete

2. Instigate legal process

2.1 Confirm within level of delegated authority the appropriate debt recovery action

2.2 Complete all necessary documentation accurately and in accordance with organisational policy and procedures to commence legal proceedings

2.3 Provide advice as required on estimated timeframes for progress of legal proceedings

2.4 Monitor written and verbal reports from service providers and maintain accurate records to reflect progress of legal action

3. Implement actions arising from legal process

3.1 Record outcomes of legal proceedings in accordance with the decision and relevant legislation

3.2 Refer matters to authorised personnel for further action where appropriate

3.3 Inform all stakeholders fully of outcomes of legal proceedings

Evidence of Performance

Evidence of the ability to:

effectively implement organisational debt recovery policy

analyse and clarify information required to action debt recovery

accurately prepare debt recovery briefs for legal practitioners and record outcomes.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.


Evidence of Knowledge

To complete the unit requirements safely and effectively, the individual must:

identify and explain key features of organisational policy and procedures relevant to credit management and debt recovery

explain relevant legislative requirements relating to debt recovery

explain the current range of legal options for debt recovery

provide an overview of possible outcomes of legal proceedings

outline a range of service providers that may be used in debt recovery.


Assessment Conditions

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the field of work and include access to:

common office equipment, technology and consumables

credit product information

relevant software systems and data

legislative information and organisational policy and procedures for debt recovery.

Assessors must satisfy NVR/AQTF assessor requirements.


Foundation Skills

This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.

Skill

Performance Criteria

Description

Reading

1.1, 1.2, 2.1, 2.4

Reviews and analyses complex information and documentation containing specialised legal terminology

Writing

2.2, 2.3, 3.1, 3.3

Accurately documents requirements and clearly details outcomes in language suited to the audience in compliance with organisational requirements

Oral Communication

2.3, 3.2, 3.3

Considers the context, purpose and audience in interactions and uses clear and direct language to inform others of requirements and outcomes

Numeracy

1.1, 1.2, 2.2, 2.3

Reviews and evaluates numerical information to determine accuracy and relevance in the preparation of financial documents

Makes estimate of timeframes

Navigate the world of work

2.1, 2.2, 3.1

Takes personal responsibility for following explicit and implicit policies, procedures and legislative requirements

Identifies and acts on issues that contravene relevant policies, procedures and legal requirements

Seeks advice and clarification for new activities

Interact with others

3.2, 3.3

Selects and uses appropriate conventions and protocols when communicating to customers and co-workers in a range of work contexts

Identifies and explores differences in a diverse range of people in the work context and makes adjustments to communication in recognition of these differences

Get the work done

1.1, 2.1, 2.4

Applies systematic and analytical decision-making processes for complex and non-routine situations

Takes responsibility for planning, sequencing and prioritising tasks and own workload for efficiency and effective outcomes

Uses the main features and functions of digital tools to complete work tasks


Sectors

Credit management