Application
This unit describes the skills required to serve or attempt to serve process, as requested by a court, tribunal, agency or other party. It includes dealing with difficult collection situations, and completing preliminary requirements prior to serving process.
This unit applies to those working within the court system operating under procedures set by the court.
The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to, particularly those set by the court.
Those undertaking this unit would generally work independently with occasional supervisory responsibilities. They would perform complex tasks in a range of familiar and unfamiliar contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
ELEMENTS | PERFORMANCE CRITERIA |
Elements describe the essential outcomes | Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section. |
1. Complete requirements prior to serving process | 1.1 Process documents and forward incorrectly received documents to correct location for service. 1.2 Enter details of process to be served into data system. |
2. Serve process | 2.1 Attempt service of process according to the type of process being served, the jurisdiction and prescribed timeframes. 2.2 Verify the identity of the person being served and clarify the nature of the document to the person during personal service process. 2.3 Comply with legislative requirements during a non-personal service process. 2.4 Comply with prescribed timeframes within legislative requirements where there is non-service. |
3. Complete administrative requirements | 3.1 Obtain signatures acknowledging service and complete required reports. 3.2 Prepare sworn affidavits and dispatch with annexures. 3.3 Detail refusal to sign in affidavits of service. 3.4 Prepare and dispatch reports or notices of non-service. |
Evidence of Performance
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.
applying legislative requirements to serving process
understanding requirements of process to be served
identifying intended recipients
explaining nature of process
dealing effectively with contingencies
completing affidavits
maintaining records
Evidence of Knowledge
Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.
legislation and rules relating to personal and non-personal service of process
jurisdiction policies and procedures relating to service of process
rules for swearing affidavits
procedures relating to public sector legislation, including WHS procedures for operational safety while serving process
Assessment Conditions
Assessment of this unit requires evidence gathered over time in a workplace environment or one that closely resembles normal work practice and replicates the diverse conditions likely to be encountered when serving process.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
The foundation skills demands of this unit have been mapped for alignment with the Australian Core Skills Framework (ACSF). The following tables outline the performance levels indicated for successful attainment of the unit.
Further information on ACSF and the foundation skills underpinning this unit can be found in the Foundation Skills Guide on the GSA website.
Competency Field
Courts