Application
This unit describes the skills required to support and assist self-represented litigants. It involves identifying the specific needs of the self-represented litigant and delivering appropriate support, information and referral.
This unit applies to those working within the court system operating under procedures set by the court. Support must be provided within area of responsibility and with authority and limits imposed 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. Identify client needs | 1.1 Collect and access client information and identify client's needs. 1.2 Assess information for complexity, urgency, safety risks and eligibility for services. 1.3 Clarify problems raised by the client and seek assistance from appropriate persons to identify how best to meet client needs. 1.4 Share information provided by client while adhering to protocols and limitations. |
2. Provide information and options | 2.1 Identify and communicate to the client any limitations in addressing client needs. 2.2 Provide appropriate referrals, including making necessary and appropriate arrangements according to client needs. |
3. Provide assistance | 3.1 Provide assistance to access support services and alternative procedural options. 3.2 Provide assistance to complete and comply with procedural requirements, including initiating matters, orders, lodging documents and appearing in court. 3.3 Provide assistance to facilitate the case management of legal proceedings and the implementation of procedural modifications within area of responsibility and with authority and limits imposed by the court. |
4. Facilitate communication | 4.1 Use appropriate interpersonal skills to facilitate communication between self-represented litigants and other parties. 4.2 Resolve difficult situations using conflict-resolution techniques and make referrals. |
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.
promoting and applying legislation, rules, regulations and codes of practice
providing explanations to others
identifying client needs, providing assistance and encouraging client-initiated activity in relation to alternative dispute-resolution (ADR) processes
providing information and options to self-represented litigant in a culturally appropriate and respectful manner
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.
relevant legislation, regulations, organisational procedures and codes of practice in relation to court practices and procedures, specifically ADR processes
profiles of the general characteristics of the relevant self-represented litigant groups
understanding of groups represented within the community, and of the issues that might arise when working with these groups, according to demographics including at least one of:
culture
religion
language
sexual identity
age
disability
facilitation, negotiation and conflict resolution methods in relation to ADR processes
range of referral sources and associated protocols
limitations of work role, responsibility and professional abilities
distinction between legal and procedural information
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 providing support to self-represented litigants.
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