Application
This unit describes the skills required to implement and administer legislation in a court, tribunal and justice workplace. It includes the ability to access and identify applicable legal frameworks, apply knowledge of legal framework to the workplace and to communicate knowledge of the legal framework.
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. Access and identify applicable legal framework | 1.1 Identify and access applicable jurisdictional legislation, regulations, organisational procedures, standards and codes of practice in both hard copy and digital formats. 1.2 Monitor sources of information for changes to the legal framework. 1.3 Apply common rules of statutory interpretation to legislation and regulations. |
2. Apply knowledge of legal framework to the workplace | 2.1 Determine legal accountability obligations from legislation, regulations, organisational procedures, standards and codes of practice. 2.2 Identify consequences of non-compliance. 2.3 Recognise limits of own expertise and legal accountability obligations, and access appropriate sources of expertise as required. 2.4 Ensure that work is undertaken in a legally compliant manner. |
3. Communicate knowledge of legal framework | 3.1 Outline legal limits of own responsibility before providing information. 3.2 Explain source of legislative authority for decision making to both internal and external clients. 3.3 Use appropriate legal terminology in both written and oral communication with both internal and external clients. 3.4 Answer questions relating to legal terminology and define terms. 3.5 Provide information to others on the legal accountability obligations arising from legislation, regulations, organisational procedures, standards and codes of practice. 3.6 Provide information to others on the consequences of non-compliance. |
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.
reading and interpreting complex documents
promoting understanding of legislation, regulations, organisational procedures and codes of practice, in particular lodging of applications
clarifying intended meaning of relevant legislation, rules, regulations and codes of practice and providing explanations to others
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.
distinction between legal and procedural information
jurisdictional limitations
general rules of statutory interpretation
identification of the currency of legislation, regulations, organisational procedures and codes of practice
principles of effective client service delivery
legal accountability obligations
consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice
personal limitation of legislative responsibilities and appropriate sources of expertise
Assessment Conditions
Assessment of this unit requires a workplace environment or one that closely resembles normal work practice and replicates the diverse conditions likely to be encountered when administering legislation.
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