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Evidence Guide: BSBCNV502 - Read and interpret a legal document and provide advice

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

BSBCNV502 - Read and interpret a legal document and provide advice

What evidence can you provide to prove your understanding of each of the following citeria?

Define nature of document

  1. Define the nature of the legal document
  2. Identify the function and significance of the document in the conveyancing transaction
Define the nature of the legal document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify the function and significance of the document in the conveyancing transaction

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify relevant legal principles

  1. Identify statutory and general law principles governing the document and its function in the conveyancing transaction
  2. Identify rules governing construction and interpretation of contracts and other legal documents
  3. Identify rules for use of precedents, standard form contracts, and statutory forms
  4. Conduct appropriate legal research, as required
Identify statutory and general law principles governing the document and its function in the conveyancing transaction

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify rules governing construction and interpretation of contracts and other legal documents

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify rules for use of precedents, standard form contracts, and statutory forms

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct appropriate legal research, as required

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify interests of client

  1. Identify legal interests of the client in relation to the subject matter of the document
  2. Identify terms essential to protect the client’s interests
  3. Identify non-legal interests and other needs of the client in relation to the subject matter of the document
Identify legal interests of the client in relation to the subject matter of the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify terms essential to protect the client’s interests

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify non-legal interests and other needs of the client in relation to the subject matter of the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Check document for accuracy

  1. Check parties, property, information and factual details for accuracy and relevance
  2. Check annexures to the document for accuracy and relevance
  3. Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement
  4. Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form
  5. Identify information to be obtained from or provided to third parties or other professionals in relation to the document
Check parties, property, information and factual details for accuracy and relevance

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Check annexures to the document for accuracy and relevance

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify information to be obtained from or provided to third parties or other professionals in relation to the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Examine document

  1. Closely examine the document and interpret and analyse relevant legal principles and key terms
  2. Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document
  3. Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language
  4. Identify any non-compliance with legal principles within the document
Closely examine the document and interpret and analyse relevant legal principles and key terms

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify any non-compliance with legal principles within the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evaluate issues

  1. Assess legal and non-legal issues and risks to the client arising from the document
  2. Interpret extent to which the document does or does not protect the interests of the client
  3. Interpret key terms or points for negotiation with third parties or other professionals
Assess legal and non-legal issues and risks to the client arising from the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Interpret extent to which the document does or does not protect the interests of the client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Interpret key terms or points for negotiation with third parties or other professionals

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advise client

  1. Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client
  2. Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client
Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clarify instructions

  1. Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs
  2. Summarise and clearly communicate legal and non-legal consequences for each alternative to the client
  3. Assist client in selecting a course of action
Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Summarise and clearly communicate legal and non-legal consequences for each alternative to the client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist client in selecting a course of action

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Attending to signing the document

  1. Identify statutory and other rules governing signing and witnessing of documents, including deeds
  2. Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client
Identify statutory and other rules governing signing and witnessing of documents, including deeds

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Document advice

  1. Prepare a file note recording the substance and details of the advice given to the client and the instructions received
  2. Despatch correspondence to client confirming the advice given in relation to the document and instructions received
  3. If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document
Prepare a file note recording the substance and details of the advice given to the client and the instructions received

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Despatch correspondence to client confirming the advice given in relation to the document and instructions received

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Define nature of document

1.1 Define the nature of the legal document

1.2 Identify the function and significance of the document in the conveyancing transaction

2 Identify relevant legal principles

2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction

2.2 Identify rules governing construction and interpretation of contracts and other legal documents

2.3 Identify rules for use of precedents, standard form contracts, and statutory forms

2.4 Conduct appropriate legal research, as required

3 Identify interests of client

3.1 Identify legal interests of the client in relation to the subject matter of the document

3.2 Identify terms essential to protect the client’s interests

3.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document

4 Check document for accuracy

4.1 Check parties, property, information and factual details for accuracy and relevance

4.2 Check annexures to the document for accuracy and relevance

4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document

5 Examine document

5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms

5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document

5.3 Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

5.4 Identify any non-compliance with legal principles within the document

6 Evaluate issues

6.1 Assess legal and non-legal issues and risks to the client arising from the document

6.2 Interpret extent to which the document does or does not protect the interests of the client

6.3 Interpret key terms or points for negotiation with third parties or other professionals

7 Advise client

7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client

7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

8 Clarify instructions

8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs

8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client

8.3 Assist client in selecting a course of action

9 Attending to signing the document

9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds

9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

10 Document advice

10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received

10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received

10.3 If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document

Required Skills and Knowledge

ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Define nature of document

1.1 Define the nature of the legal document

1.2 Identify the function and significance of the document in the conveyancing transaction

2 Identify relevant legal principles

2.1 Identify statutory and general law principles governing the document and its function in the conveyancing transaction

2.2 Identify rules governing construction and interpretation of contracts and other legal documents

2.3 Identify rules for use of precedents, standard form contracts, and statutory forms

2.4 Conduct appropriate legal research, as required

3 Identify interests of client

3.1 Identify legal interests of the client in relation to the subject matter of the document

3.2 Identify terms essential to protect the client’s interests

3.3 Identify non-legal interests and other needs of the client in relation to the subject matter of the document

4 Check document for accuracy

4.1 Check parties, property, information and factual details for accuracy and relevance

4.2 Check annexures to the document for accuracy and relevance

4.3 Check the document or an annexure for compliance if it is required to comply with a procedural or formal requirement

4.4 Check the document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form

4.5 Identify information to be obtained from or provided to third parties or other professionals in relation to the document

5 Examine document

5.1 Closely examine the document and interpret and analyse relevant legal principles and key terms

5.2 Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in the document

5.3 Identify any lack of conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language

5.4 Identify any non-compliance with legal principles within the document

6 Evaluate issues

6.1 Assess legal and non-legal issues and risks to the client arising from the document

6.2 Interpret extent to which the document does or does not protect the interests of the client

6.3 Interpret key terms or points for negotiation with third parties or other professionals

7 Advise client

7.1 Summarise and clearly communicate rights, responsibilities and liabilities of all parties to the client, including specific rights of the client

7.2 Summarise and clearly communicate legal and non-legal issues and risks arising from the document to the client

8 Clarify instructions

8.1 Determine and discuss alternative courses of action with the client where it is considered the document does not adequately protect the interests of the client, or meet the client’s other needs

8.2 Summarise and clearly communicate legal and non-legal consequences for each alternative to the client

8.3 Assist client in selecting a course of action

9 Attending to signing the document

9.1 Identify statutory and other rules governing signing and witnessing of documents, including deeds

9.2 Apply relevant rules governing signing and witnessing of documents in the execution of the document by the client

10 Document advice

10.1 Prepare a file note recording the substance and details of the advice given to the client and the instructions received

10.2 Despatch correspondence to client confirming the advice given in relation to the document and instructions received

10.3 If the document is not signed in the conveyancer’s office, include, in correspondence dispatched to client, clear and concise instructions on signing and witnessing the document