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Evidence Guide: FNSMCA303 - Serve legal process

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

 

FNSMCA303 - Serve legal process

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

Plan and prepare procedures

  1. Interpret and confirm client’s written instructions accurately and clearly
  2. Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures
  3. Identify type of service according to nature of debt or legal process and prepare necessary documentation
Interpret and confirm client’s written instructions accurately and clearly

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify type of service according to nature of debt or legal process and prepare necessary documentation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Serve documents

  1. Verify validity of documentation by checking contents and number of documents for service
  2. Serve documents according to legal requirements and appropriate organisational policy and procedures
Verify validity of documentation by checking contents and number of documents for service

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Serve documents according to legal requirements and appropriate organisational policy and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare affidavit of service or non-service

  1. Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit
  2. Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures
  3. Prepare final report for client detailing outcome of serving legal process
Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare final report for client detailing outcome of serving legal process

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. Plan and prepare procedures

1.1 Interpret and confirm client’s written instructions accurately and clearly

1.2 Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures

1.3 Identify type of service according to nature of debt or legal process and prepare necessary documentation

2. Serve documents

2.1 Verify validity of documentation by checking contents and number of documents for service

2.2 Serve documents according to legal requirements and appropriate organisational policy and procedures

3. Prepare affidavit of service or non-service

3.1 Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit

3.2 Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures

3.3 Prepare final report for client detailing outcome of serving legal process

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. Plan and prepare procedures

1.1 Interpret and confirm client’s written instructions accurately and clearly

1.2 Identify relevant legal and procedural issues for consideration and action, in accordance with legislative requirements and organisational policy and procedures

1.3 Identify type of service according to nature of debt or legal process and prepare necessary documentation

2. Serve documents

2.1 Verify validity of documentation by checking contents and number of documents for service

2.2 Serve documents according to legal requirements and appropriate organisational policy and procedures

3. Prepare affidavit of service or non-service

3.1 Prepare Affidavit of Service, or Non-Service where applicable, with relevant factual details recorded in affidavit

3.2 Complete any other relevant court documents, ensuring they are signed and sworn, or affirmed, in accordance with court requirements and procedures

3.3 Prepare final report for client detailing outcome of serving legal process

Evidence of the ability to:

interpret and comply with legislative requirements, industry regulations and organisational policy and procedures when serving legal process

identify the appropriate type of service when serving legal process

complete relevant documentation in accordance with legal, industry and organisational requirements and guidelines.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

identify key requirements of relevant state or territory and Commonwealth legislation relating to debt collection and mercantile agents

outline the key role, procedures and relevant documentation of the various relevant court jurisdictions and appeals procedures

explain organisational policy and procedures in relation to serving legal process

describe techniques of search and locating debtors to serve

explain the types of services that can be offered to clients when serving legal process

outline relevant factual details that would be recorded in an affidavit.