This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.

Prerequisite Unit/s

ELEMENT

PERFORMANCE CRITERIA

1. Represent council at legal proceedings

1.1. Court proceedings are attended.

1.2. Court proceeding protocols are adhered to in accordance with the jurisdiction involved.

1.3. Information is factual and presented clearly and accurately.

1.4. Any negotiation held in conference with the opposing parties is in accordance with agreed negotiation parameters.

2. Follow up outcomes of legal proceedings

2.1. A report that clearly indicates the outcomes of the proceedings is prepared for council.

2.2. The outcomes of the legal proceedings are noted, filed and any required action is implemented in accordance with council requirements.

2.3. Documentation of the outcomes of legal proceedings is in accordance with professional obligations in the case.

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This describes the essential skills and knowledge and their level, required for this unit

Required Skills

report writing

verbal communication in a legal setting

giving evidence

interpreting outcomes of legal hearings

maintaining records of proceedings

briefing others

analytical

judgement

time management.

Required Knowledge

court protocols

council's position on litigation

industrial awards and agreements

record handling

council policies and procedures, including sustainability practices.

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Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

Court protocols are adhered to.

Council is represented in court.

Report on outcomes is prepared for council.

Context of assessment

On the job assessment and/or simulated work/court environment.

Relationship to other units(prerequisite or co-requisite units)

Prerequisite units: nil.

Co-requisite units: nil.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence will need to be gathered over a range of variables.

Resource implications

Access to:

real or mock court proceedings

copies of relevant documentation, including awards and agreements, court documents, evidence, policies and procedures.

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 in the Performance Criteria is detailed below.

Legal proceedings may include:

breaches of:

alleged breach of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenge to council decisions

legal challenges to council control plans, such as S94 plan

industrial court

workers compensation court

equal employment opportunity commission

compulsory conferences

conciliation

arbitration or formal hearings.

parking

dog act

health acts

litter

fire prevention regulations

Court proceeding protocols may be:

provided by relevant court.

Solicitor's brief may include:

use by council or solicitor.

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Unit Sector

Regulatory Services Units

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This unit contains employability skills.