Application
This unit describes the skills required to interpret and assess contracts to determine their legal effect, identifying the parties involved and the responsibilities of those parties in order to make decisions regarding liability or compliance.
This unit applies to those working to interpret and assess contracts within the public sector.
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.
Those undertaking this unit would work independently, performing complex tasks in a familiar context.
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 key features of contracts | 1.1 Analyse contracts and identify parties involved in each contract. 1.2 Identify legal nature and elements of contracts, terms and obligations. 1.3 Differentiate conditions, warranties and contingencies identified in the contract. 1.4 Identify circumstances and consequences of terminating contracts. 1.5 Confirm, if contractual rights have been assigned and if assignment as valid. |
2. Assess contracts for eligibility and liability | 2.1 Analyse contracts in accordance with criteria using a legislative decision-making process. 2.2 Confirm or deny eligibility or liability of contracts. 2.3 Make decisions and notify customers. |
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 analysing complex and formal documents and applying them to work situations
communicating with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts
using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes
applying environmental and work health and safety procedures to administrative work and when dealing with customers
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.
sources of contract law
rules of construction of contracts
privacy doctrine of contracts
what may constitute a breach of contract
methods of termination of contract, including by consent, by frustration
legislative decision-making process
principles applicable to assignment of contractual rights
confidentiality provisions
Assessment Conditions
This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.
Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.
Foundation Skills
Foundation skills are embedded within the elements and performance criteria of this unit.
Competency Field
Revenue administration