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Evidence Guide: CHCFAM001 - Operate in a family law environment

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!

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CHCFAM001 - Operate in a family law environment

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

Elements define the essential outcomes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine and respond to family law requirements

  1. Identify, access and interpret sources of information on family law and related areas
  2. Evaluate own area of work and determine the scope of family law requirements for individual practice
  3. Use and follow the systems, processes, documentation and reporting requirements of family law
  4. Provide accurate and current information to clients about family law and available support options
  5. Identify situations beyond own expertise and seek, or refer clients to, sources of specialist legal advice
Identify, access and interpret sources of information on family law and related areas

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evaluate own area of work and determine the scope of family law requirements for individual practice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use and follow the systems, processes, documentation and reporting requirements of family law

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide accurate and current information to clients about family law and available support options

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify situations beyond own expertise and seek, or refer clients to, sources of specialist legal advice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Collaborate with others in the family law system

  1. Identify and establish effective working relationships with colleagues in the family law system
  2. Negotiate and liaise with other areas of the family law system according to specific client needs
  3. Promote cooperation with other professionals and encourage clients to use other professional resources where appropriate
Identify and establish effective working relationships with colleagues in the family law system

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Negotiate and liaise with other areas of the family law system according to specific client needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Promote cooperation with other professionals and encourage clients to use other professional resources where appropriate

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Contribute to workplace improvements

  1. Pro-actively update and maintain currency of family law knowledge
  2. Identify situations where work practices could be improved to meet family law responsibilities
  3. Pro-actively share feedback with colleagues
  4. Identify and take opportunities to contribute to the review and development of policies and protocols
Pro-actively update and maintain currency of family law knowledge

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify situations where work practices could be improved to meet family law responsibilities

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Pro-actively share feedback with colleagues

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and take opportunities to contribute to the review and development of policies and protocols

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

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

1. Determine and respond to family law requirements

1.1 Identify, access and interpret sources of information on family law and related areas

1.2 Evaluate own area of work and determine the scope of family law requirements for individual practice

1.3 Use and follow the systems, processes, documentation and reporting requirements of family law

1.4 Provide accurate and current information to clients about family law and available support options

1.5 Identify situations beyond own expertise and seek, or refer clients to, sources of specialist legal advice

2. Collaborate with others in the family law system

2.1 Identify and establish effective working relationships with colleagues in the family law system

2.2 Negotiate and liaise with other areas of the family law system according to specific client needs

2.3 Promote cooperation with other professionals and encourage clients to use other professional resources where appropriate

3. Contribute to workplace improvements

3.1 Pro-actively update and maintain currency of family law knowledge

3.2 Identify situations where work practices could be improved to meet family law responsibilities

3.3 Pro-actively share feedback with colleagues

3.4 Identify and take opportunities to contribute to the review and development of policies and protocols

Required Skills and Knowledge

ELEMENT

PERFORMANCE CRITERIA

Elements define the essential outcomes

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

1. Determine and respond to family law requirements

1.1 Identify, access and interpret sources of information on family law and related areas

1.2 Evaluate own area of work and determine the scope of family law requirements for individual practice

1.3 Use and follow the systems, processes, documentation and reporting requirements of family law

1.4 Provide accurate and current information to clients about family law and available support options

1.5 Identify situations beyond own expertise and seek, or refer clients to, sources of specialist legal advice

2. Collaborate with others in the family law system

2.1 Identify and establish effective working relationships with colleagues in the family law system

2.2 Negotiate and liaise with other areas of the family law system according to specific client needs

2.3 Promote cooperation with other professionals and encourage clients to use other professional resources where appropriate

3. Contribute to workplace improvements

3.1 Pro-actively update and maintain currency of family law knowledge

3.2 Identify situations where work practices could be improved to meet family law responsibilities

3.3 Pro-actively share feedback with colleagues

3.4 Identify and take opportunities to contribute to the review and development of policies and protocols

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

• correctly applied family law to at least 5 different client situations, that individually or cumulatively include needs relating to:

• domestic and family violence/safety

• finance

• property

• children

• relationship conflict

• demonstrated effective use of the following in the context of family law:

• systems and process

• documentation

• reporting

• collaboration with others in the system

• developed appropriate responses to at least 5 different legal or ethical dilemmas in the family law context

• identified and analysed at least 3 work practices in terms of how they meet family law responsibilities and what improvements could be made.

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

• the different points at which services may be provided in the family law context, including:

• prevention

• assessment

• intervention and support services

• different client needs within the family law context, and how to respond, including to matters relating to:

• domestic and family violence/safety

• finance

• property

• children

• relationship conflict

• systems and processes within the family law environment

• Commonwealth family law legislation, how this is applied in organisations and in individual practice, including:

• Family Law Act 1975 – Part II (Family dispute resolution and confidentiality and inadmissibility provisions), Part IIIA (obligations re provision of certain information to clients), Part IIIB (Court may refer parties to family counselling, FDR and other family services), Part VII (Children – outlines section 60I requirements, mandatory reporting of child abuse requirements) and Part VIII (Property, spousal maintenance and maintenance agreements).

• Family Law Legislation Amendment (Superannuation) Act 2001 and Regulations – deals with splitting of superannuation benefits

• Family Law (Family Dispute Resolution Practitioners) Regulations 2008 – sets out accreditation requirements and obligations for FDRPs.

• Family Law Regulations 1984 – sets out amongst other things what prescribed information (about non-court based family services and court processes and services, reconciliation, Part VII proceedings) ‘advisors’ should be giving clients.

• Commonwealth child support legislation, how this is applied in organisations and in individual practice, including:

• the Child Support (Assessment) Act 1989 and Regulations – set out the law about eligibility to receive, and liability to pay, child support and establishes the authority of the Child Support Agency)

• the Child Support (Registration and Collection) Act 1988 and Regulations – set out the law about registration requirements for paying maintenance of various types, including child support, and the means by which the Child Support Agency can enforce payment

• Commonwealth Freedom of Information Act 1982 – subject to exceptions, gives a legal right of access to information held by Commonwealth agencies (departments and agencies).

• Commonwealth Privacy Act 1988 – regulates the handling of personal information about individuals, this includes the collection, use, storage and disclosure of personal information, and access to and correction of that information

• Commonwealth – legislation about court rules and procedures:

• Federal Circuit Court of Australia Act 1999 – creates the Federal Circuit Court of Australia and was originally established to fast track some of the matters covered under the Family Law Act as well as other areas of federal law such as bankruptcy.

• Family Court Rules – provide the detail of the main aspects of practice, procedure and evidence in a case before the Family Court

• Family Court Regulations 1984 – set out the details for a range of matters including fees, parentage testing and overseas orders

• Federal Circuit Court Rules 2001 – set out the rules and forms that apply in the Federal Circuit Court

• Federal Court and Federal Circuit Court Regulations 2012 – deals with the fees in the Federal Circuit Court

• state and territory legislation about family violence – the illegality of family violence and other specific forms of protection against it

• state and territory de facto property legislation at an overview level

• duty of care requirements when working with families in the family law system.

• roles and responsibilities of different people working in the family law context and the nature of collaboration between them

• where to seek expert clarification of family law

• family dynamics in different cultures and how this may impact on provision of services

• referral options and systems available to clients whose needs may best be met by other services or experts.