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. Prepare material for court hearings

1.1. Full and detailed evidence is collected and collated to ensure all aspects are covered.

1.2. Court proceedings and protocols are adhered to in accordance with jurisdiction involved.

1.3. A solicitor's brief is prepared, where required, that identifies all relevant facts, sections of appropriate legislation and detailed evidence.

1.4. A submission is prepared that supports and protects council's position and interests.

2. Prepare staff for court hearings

2.1. Briefings are held with solicitor and industrial officer as required.

2.2. Arrangements are made to ensure relevant employees are available for access and information.

2.3. Any negotiation parameters are clearly identified prior to court process.

2.4. Employees involved in the court process on council behalf are briefed.

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

Required Skills

brief writing: coherent structure that shows connections between facts

adapting spoken language to present a summary of facts and law points to employees, solicitor or industrial officer

locating relevant sections and reading and interpreting legislation.

Required Knowledge

specialised legal terminology

court proceedings and protocols

relevant litigation

relevant council procedures

relevant legislation.

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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.

Solicitor's brief is prepared.

Employee briefing is conducted.

Materials for court are prepared.

Negotiation parameters are identified.

Context of assessment

On the job or in a simulated work 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 time across a range of variables.

Resource implications

Access to a workplace or simulated case study that provides the following resources:

information on court requirements and protocols

materials to be used for court

copies of relevant legislation governing the offences

resources to be used as evidence including reports, photos, surveys, minutes of meetings, relevant documents and examples of relevant solicitor's briefs.

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.

Litigation may include:

breaches of parking

dog act

health

litter

fire prevention

planning and building

environmental

damages

summary offences

off-road vehicles

industrial.

Evidence may include:

reports

photos

surveys

minutes of meetings

relevant documents.

Solicitor's brief may include:

use by council or solicitor.

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Unit Sector

Administration Units

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This unit contains employability skills.