This unit applies to mercantile agent job roles.

ELEMENT

PERFORMANCE CRITERIA

1. Plan and prepare procedures

1.1. Client's written instructions are accurately and clearly interpreted

1.2. Relevant legal and procedural issues for consideration and action are identified in accordance with current legislation and organisation policies and procedures

1.3. Type of service is identified according to the nature of the debt or legal process

2. Serve documents

2.1. Documents are checked to ensure they are complete and intact

2.2. Valid document being served is verified by checking contents for type of document and numbers of document for service and documents are served according to legal requirements

3. Prepare affidavit of service or non-service

3.1. Affidavits are prepared in relation to court documents for process service worksheets with relevant factual details of service recorded in the affidavit

3.2. Court documents are correctly completed and signed and sworn or affirmed in accordance with court requirements and court procedural manual

3.3. A final report is prepared for client, detailing outcome of procedure

Required skills

communication skills to:

determine and confirm client legal process requirements, using questioning and active listening as required

negotiate and resolve disputes

liaise with others, share information, listen and understand

use language and concepts appropriate to cultural differences

literacy skills to:

read and interpret documentation from a variety of sources and recording, gathering and consolidating debtor information

draft reports and letters and complete legal documentation

interpret and comply with legal and ethical principles and obligations,

research and analysis skills to determine types of service and legal obligations

IT skills for accessing and using appropriate software such as spreadsheets and databases and the internet in a collection agency or credit management context

organisational skills, including the ability to plan and sequence work

Required knowledge

all relevant State or Territory and Commonwealth Acts

role, procedures and relevant documentation of the various relevant court jurisdictions and appeals procedures

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:

take personal responsibility for fully complying with legal obligations and interpret and comply with legislative requirements and general developments in process serving

develop constructive responses when confronted with problems and difficulties

accurately complete legal documents

liaise and cooperate with a variety of persons in serving legal documents.

Context of and specific resources for assessment

Assessment must ensure:

competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment

access to and the use of a range of common office equipment, technology, software and consumables

access to relevant legal and industry documentation for process serving.

Method of assessment

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

evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency

verbal or written questioning on underpinning knowledge and skills

setting and reviewing simulations or scenarios

evaluating samples of work

accessing and validating third party reports.

Guidance information for assessment

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.

Clients may include:

banks

building societies

credit unions

employers

finance companies

financiers

government agencies

other commercial agents

private companies

solicitors.

Organisation policies and procedures may include:

assistance to customers on billing and collection problems

gathering information and its evaluation

legal obligations and framework

liaison and information dissemination to internal and external parties

maintenance of customer account files

making billing adjustments to customer accounts

minimising risk

overall organisation goals and objectives

reviewing and adjusting credit limits for established customers

safe storage of security documentation

trading terms and credit limits.

Types of service may include:

handed to a person, requiring a signature of that person

service on a nominated person or corporation in accordance with relevant legislation.

Documents may include:

legal notices

notice of demand

statement of claim

writs.

Relevant factual details may include:

conversation at time of service

full name of process server

identification of person

time, date and place of service.

Unit sector

Mercantile agents

This unit contains employability skills.