ELEMENT

PERFORMANCE CRITERIA

1. Determine legal entities

1.1 Types of legal entities are identified and features of each confirmed.

1.2 Transactions are analysed to determine the legal entities involved.

1.3 Liabilities of legal entities are determined in accordance with the particular transactions.

2. Identify and apply information relating to legal relationships

2.1 Formation, type and nature of the legal relationships involved in transactions are identified.

2.2 Interrelationships involved in transactions are mapped to guide decision making.

2.3 Legal responsibilities of particular relationships are identified in accordance with the particular transactions.

2.4 Decisions are made and liabilities determined in accordance with the interrelationships and responsibilities determined.

3. Identify and apply information relating to property and assets of legal entities

3.1 Nature and legal types of property, and the principles relating to them are clarified.

3.2 Principles relating to real and personal property, leases, licences and assignment of property are used to map the property and assets of legal entities.

3.3 Value of property and nature of ownership are identified.

3.4 Mortgages, easements, memorials, restrictive covenants and other relevant documents are identified and analysed for their effect on property ownership.

3.5 Property and assets of legal entities are mapped and their interrelationships examined and recorded.

3.6 Decisions are made and liabilities determined in accordance with the property and assets of, and relationships between, the legal entities.

This section describes the essential skills and knowledge and their level, required for this unit.

Required skills:

Look for evidence that confirms skills in:

reading and analysing complex and formal documents, such as contracts, legislation and related materials, to assist in decision making

explaining differences between different legal entities and impact of those differences on the determination of a tax or duty liability

communicating with others involving exchanges of complex information when determining legal entities, relationships and property ownership

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

responding to diversity, including gender and disability

applying environmental and occupational health and safety procedures to administrative work and when dealing with customers

Required knowledge:

Look for evidence that confirms knowledge and understanding of:

general features and underlying principles of legal entities and legal relationships

fundamental nature of property and principles relating to personal or real property, leases, licences and assignment of property

mortgages, easements, charges, memorials and restrictive covenants

sources of property law

features of a partnership

business processes

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:

PSPETHC401A Uphold and support the values and principles of public service

PSPREV401A Identify and apply statute law

PSPREV402A Undertake legislative decision making

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOV402B Deliver and monitor service to clients

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit

Resources required to carry out assessment

These resources include:

examples of legal entity, relationship and property issues

government legislation, regulations, rulings, Commissioner's practices and other applicable case law that refer to legal entity, relationship and property issues

organisational procedures and protocols

scenarios and case studies to capture the range of situations likely to be encountered when dealing with legal entity, relationship and property issues

access to relevant systems

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when legal entities, relationships and property, including coping with ambiguity, difficulties, irregularities and breakdowns in routine

dealing with legal entities, relationships and property issues in a range of three or more contexts or occasions, over time

Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:

case studies and scenarios

portfolios

questioning

simulation or role plays

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.

Legal entities may include:

the Crown

corporations

trustees

incorporated associations

cooperatives

Features of legal entities may include:

natural persons:

ownership of property

liabilities

directors

shares

bankruptcy

role of executors and trustees

minors

corporations:

nature

types

governing bodies

process of formation

liabilities

receivership

voluntary and involuntary wind-up

Transactions may include:

purchases and sales of personal and real property

voluntary dispositions

transfers of real estate

transfers of businesses

transfers of statutory licences

creation and dissolution of partnerships

creation and variation to trust deeds

financial transactions

charges and discharges

settlement undertakings

payment of wages

leases

Legal relationships may include:

partnerships

joint ventures

associations

trusts

agencies

sole traders

employers and employees

franchisors and franchisees

principals and contractors

lessors and lessees

subsidiaries

insolvency practitioners

Legal types of property may include:

real property

personal property

leasehold land

freehold land

Crown land

statutory licences

intellectual property

goodwill

Ownership may include:

as an individual

as a corporation

as a beneficiary

as trustee

as joint tenant

as tenant in common

as lessee

as partner

legal, beneficial and equitable ownership

life tenancy

under a Crown lease