ELEMENT

PERFORMANCE CRITERIA

1. Complete preliminary requirements prior to execution of process.

1.1. On receipt, warrants are endorsed with the time and date, and where multiple warrants are issued against the same judgement debtor/defendant, priorities for execution are determined in accordance with legislative requirements of the issuing jurisdictions.

1.2. Details of process to be executed are entered into data system according to organisational policy and procedures.

1.3. Warrants are checked prior to execution to confirm requirements, details of judgement debtor/defendant, accompanying documents and time and date of issue.

1.4. Where possible, risk assessment and any assistance required to execute process, are determined in advance.

1.5. Stays of action are dealt with in accordance with legislative requirements.

2. Execute or attempt to execute process.

2.1. Attempts are made to find location of judgement debtor/defendant in order to make a demand for payment according to organisational policy and procedures and legislative requirements.

2.2. Location is attended as instructed by the court, and identification of the judgement debtor/defendant is made according to organisational policy and procedures.

2.3. Statements are formatted to meet legal and organisational requirements.

2.4. If the debt is not satisfied and property belonging to the judgement debtor/defendant is identified, it is seized according to organisational policy and procedures and legislative requirements.

2.5. Safety of self and others is maintained and the need for assistance is determined and arranged according to organisational procedures.

2.6. If claims of ownership of the seized property are made by persons other than the judgement debtor/defendant, this information is recorded and claimants are advised of the process to progress their claim.

2.7. Value and types of seized property are assessed to comply with organisational policy and procedures and legislative requirements.

2.8. Custodian and/or removal and storage, maintenance, and sale of seized property are arranged according to organisational policy and procedures and legislative requirements.

3. Use notes to give evidence.

3.1. If process is unable to be executed, relevant documentation is completed and follow-up action is determined according to organisational policy and procedures and legislative requirements.

3.2. If seizures are effected, inventories and/or other required documents are completed, signed and provided according to organisational policy and procedures and legislative requirements.

3.3. Monies seized or received in satisfaction of a writ are dealt with according to organisational policies and procedures and legislative requirements.

3.4. Data system is updated and organisational records are completed according to organisational requirements and timeframes.

Required skills

initiative and enterprise skills to apply:

legislation, rules, practice and procedures relating to executing process

risk assessment relating to persons occupying property

procedures relating to public sector legislation, such as OHS procedures relating to maintaining operational safety while executing process

communication skills to:

deal effectively with judgement debtors, defendants and creditors

make effective demand for payment

interpersonal skills to respond to diversity, including gender and disability

literacy and numeracy skills to:

interpret warrants

maintain accurate records

estimate value of goods to be seized

technology skills to operate technology

problem-solving skills in response to contingencies

Required knowledge

legislation and regulations relating to execution of process

organisational policy and procedures relating to execution of process

operational safety procedures

equal employment opportunity principles

equity and diversity principles

working ethically

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:

use information to determine priorities for execution

record data appropriate to legislative and organisational requirements

confirm requirements of warrants

apply appropriate risk management procedures to ensure safety in the workplace

identify and locate judgement debtor/defendant

identify and seize appropriate property

process monies in compliance with legislative and organisational requirements

complete relevant documentation and records

comply with legislative and organisational policies and procedures.

Consistency in performance

Competency should be demonstrated by executing process on a range of occasions, 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 executing process, including coping with difficulties, irregularities and breakdowns in routine

legislation, policy, procedures and protocols relating to execution of process

case studies and workplace scenarios to capture the range of situations likely to be encountered when executing process.

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about relevant legislation, acting ethically, and applying processes

observation of the candidate responding to 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.

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.

Process may include:

warrants

orders

writs, such as writs for levy of property and writs of execution

Warrants may include:

writs and orders

warrant to seize property

warrant of seizure and sale

warrant of distress

Accompanying documents may include:

application of debt

verifying affidavit

notice to judgement debtor/defendant of writ of execution

Stays of action may include:

loss of priority

withdrawal from possession and return of writ

expiry of writ and return of property

expiry of writ and disposal of property

notice of disposal

record of disposal

Location information may include:

new address

name of rental agent of premises

how long judgement debtor/defendant has resided at address

Assistance may include:

police and other agencies

locksmith

legal adviser

harbour master

removalist

towing contractor

Information may include:

full details of alleged owner

nature of ownership

documentary evidence of ownership

need to forward claim in writing

Value may include:

amount of writs plus costs, fees and charges sufficient to satisfy writs

Seized property type may include:

goods and chattels

land or real estate in which the judgement debtor's right title and interest may be sold

monies, bank notes, cheques, bills of exchange, promissory notes, bonds or other securities

Property exempt from seizure may include:

wearing apparel

bedding

bedroom or kitchen furniture

tools of trade

plant and equipment

professional instruments

reference books in use by debtors or their family, depending on the rules of the court jurisdiction and legislative requirements