PSPCRT414A - Administer court legislation

PSPCRT414A
Administer court legislation

This unit covers the ability to implement and administer legislation in a court, tribunal and justice workplace.In practice, this is the workplace primarily responsible for the administration and enforcement of legislation pursuant to technical statutory rules, protocols and procedures.In the workplace, staff must be able to apply legislation to the conduct of court activities in different jurisdictions, ensuring that changes to legislation are applied within required timeframes. They must be able to understand and communicate legislative information within the limits of their own legal responsibility.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

Application

This unit applies to those who, within the limits of their responsibilities, apply and interpret legislation and are providing information about that as well as about legal jurisdictions, consequences of non-compliance, and legal accountability.

Prerequisites

Not applicable.

Elements and Performance Criteria

ELEMENT	PERFORMANCE CRITERIA
1. Access and identify applicable legal framework.	1.1. Identify applicable jurisdiction and access current legislation, regulations, organisational procedures, standards and codes of practice in both hard and soft 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. 1.4. Interpret delegated legislation consistently with enabling Act.
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 with legislation, regulations, organisational procedures, standards and codes of practice. 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. Clearly outline legal limits of own responsibility before any information is provided. 3.2. Clearly explain source of legislative authority for decision making to a range of 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. Ensure questions relating to legal terminology can be answered and terms are defined. 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 with legislation, regulations, organisational procedures, standards and codes of practice.

Required Skills

Required skills

literacy skills to:

read and interpret complex legal material

apply legal terminology correctly

communication and interpersonal skills to:

provide explanations to others

promote understanding of legislation, regulations, organisational procedures and codes of practice, in particular lodging of applications

research skills to:

locate relevant legislation, rules, regulations and codes of practice

clarify intended meaning of relevant legislation, rules, regulations and codes of practice

initiative and enterprise skills to apply legislation, rules, regulations and codes of practice

Required knowledge

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

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.
Critical aspects for assessment and evidence required to demonstrate competency in this unit	Assessment must confirm the ability to: identify, access and apply legislation in different jurisdictions research, identify and apply changes to relevant legislation conduct research and obtain professional advice as appropriate to ensure that work is conducted in compliance with relevant legislation understand personal limitation of legislative responsibilities communicate information about legislation applying to legislative workplaces Consistency in performance Competency should be demonstrated by interpreting applying legislation in a range of settings over time.
Context of and specific resources for assessment	Assessment must comply with: applicable regulations and codes workplace procedures and protocols. Access may be required to: a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when working in a: court or tribunal minimum of two jurisdictions relevant legislation, protocols, procedures and policy for each jurisdiction scenarios and/or case studies to capture the range of situations and issues likely to be encountered relevant communication, information and reporting systems
Guidance information for assessment	The following assessment methods are suggested: oral questioning about relevant programs, roles of stakeholders, and eligibility criteria observation of the candidate providing services in a range of contexts to ensure achievement of the unit outcomes feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures review of records completed by candidate or reports of performance In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

Range Statement

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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Jurisdiction may include:	authority of a judicial officer or administrator to hear and decide a type of matter determined by: geographical area monetary value legislation choice of parties
Hard and soft formats may include:	electronic databases loose leaf legislation services government legislation publications
Sources may include:	practice directions electronic databases government legislation updates
Common rules of statutory interpretation may include:	golden rule mischief rule plain meaning or literal rule purposive rule
Consequences of non-compliance may include:	fines commission of an offence costs matter being struck out misconduct proceedings under-performance proceedings
Internal and external clients may include:	court users legal practitioners presiding officials colleagues senior managers service providers
Legal terminology may include:	statutory definitions procedural terms documentation terms forms of address acronyms Latin terms

Sectors

Not applicable.

Competency Field

Courts.

Employability Skills

This unit contains employability skills.

Licensing Information

Not applicable.