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Evidence Guide: LGACOM408A - Represent council at legal proceedings

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

 

LGACOM408A - Represent council at legal proceedings

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

Represent council at legal proceedings

  1. Court proceedings are attended.
  2. Court proceeding protocols are adhered to in accordance with the jurisdiction involved.
  3. Information is factual and presented clearly and accurately.
  4. Any negotiation held in conference with the opposing parties is in accordance with agreed negotiation parameters.
Court proceedings are attended.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Court proceeding protocols are adhered to in accordance with the jurisdiction involved.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Information is factual and presented clearly and accurately.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Any negotiation held in conference with the opposing parties is in accordance with agreed negotiation parameters.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Follow up outcomes of legal proceedings

  1. A report that clearly indicates the outcomes of the proceedings is prepared for council.
  2. The outcomes of the legal proceedings are noted, filed and any required action is implemented in accordance with council requirements.
  3. Documentation of the outcomes of legal proceedings is in accordance with professional obligations in the case.
A report that clearly indicates the outcomes of the proceedings is prepared for council.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The outcomes of the legal proceedings are noted, filed and any required action is implemented in accordance with council requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Documentation of the outcomes of legal proceedings is in accordance with professional obligations in the case.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

Court protocols are adhered to.

Council is represented in court.

Report on outcomes is prepared for council.

Context of assessment

On the job assessment and/or simulated work/court environment.

Relationship to other units(prerequisite or co-requisite units)

Prerequisite units: nil.

Co-requisite units: nil.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence will need to be gathered over a range of variables.

Resource implications

Access to:

real or mock court proceedings

copies of relevant documentation, including awards and agreements, court documents, evidence, policies and procedures.

Required Skills and Knowledge

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

Required Skills

report writing

verbal communication in a legal setting

giving evidence

interpreting outcomes of legal hearings

maintaining records of proceedings

briefing others

analytical

judgement

time management.

Required Knowledge

court protocols

council's position on litigation

industrial awards and agreements

record handling

council policies and procedures, including sustainability practices.

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Range Statement

The Range Statement relates to the Unit of Competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the Performance Criteria is detailed below.

Legal proceedings may include:

breaches of:

alleged breach of planning and building controls

damages

summary offences

compulsory acquisition

property valuation

legal challenge to council decisions

legal challenges to council control plans, such as S94 plan

industrial court

workers compensation court

equal employment opportunity commission

compulsory conferences

conciliation

arbitration or formal hearings.

parking

dog act

health acts

litter

fire prevention regulations

Court proceeding protocols may be:

provided by relevant court.

Solicitor's brief may include:

use by council or solicitor.

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