Application
This unit describes the skills required to execute or attempt to execute warrants, orders or writs as directed by the court, for civil and criminal processing. It includes completing preliminary requirements and using notes to give evidence.
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 preliminary requirements prior to execution of process | 1.1 Endorse warrants with time and date, determine priorities for execution where multiple warrants are issued against the same judgement debtor and/or defendant. 1.2 Enter details of process to be executed into data system. 1.3 Check warrants prior to execution to confirm requirements, details of judgement debtor and/or defendant, accompanying documents and time and/or date of issue. 1.4 Determine potential risk in advance and any assistance required to execute process. 1.5 Deal with stays of action. |
2. Execute or attempt to execute process | 2.1 Locate judgement debtor and/or defendant in order to make a demand for payment. 2.2 Attend location as instructed by the court, and confirm identity of the judgement debtor and/or defendant. 2.3 Structure and deliver statements. 2.4 Seize property belonging to the judgement debtor and/or defendant if unable to satisfy the debt. 2.5 Maintain safety of self and others and arrange for assistance if required. 2.6 Record claims of ownership of seized property by persons other than the judgement debtor and/or defendant, and advise them of the process to progress their claim. 2.7 Assess value and types of seized property. 2.8 Arrange for custodianship or removal, storage, maintenance, or sale of seized property. |
3. Use notes to give evidence | 3.1 Complete documentation if process cannot be executed, and determine follow-up action. 3.2 Complete and sign inventories and documentation relating to seizures. 3.3 Deal with monies seized or received in satisfaction of a writ, update data system and complete organisational records. |
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 legislation, rules, practice and procedures relating to executing process
assessing risk to persons occupying property
following procedures relating to public sector legislation, including WHS procedures relating to maintaining operational safety while executing process
dealing with judgement debtors, defendants and creditors
making effective demand for payment
responding to diversity
interpreting warrants
maintaining accurate records
estimating value of goods to be seized
operating related technology
responding to contingencies using problem-solving skills
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 regulations relating to execution of process
organisational policy and procedures relating to execution of process
operational safety procedures
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 executing 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