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Evidence Guide: PSPCRT023 - Perform quasi-judicial functions

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

 

PSPCRT023 - Perform quasi-judicial functions

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

Provide information and options on rules and legislation

  1. Provide interpretation of rules and legislation in the context of specific and general practice and procedure.
  2. Assess severity of urgent matters and determine course of procedure.
  3. Determine intent of legislation and provide advice.
Provide interpretation of rules and legislation in the context of specific and general practice and procedure.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assess severity of urgent matters and determine course of procedure.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine intent of legislation and provide advice.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Settle orders

  1. Interpret and amend draft orders according to record of outcome.
  2. Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.
  3. Prepare final orders made at hearings.
  4. Sign and seal completed orders and settle cases.
Interpret and amend draft orders according to record of outcome.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Prepare final orders made at hearings.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Sign and seal completed orders and settle cases.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Preside in prescribed matters

  1. Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.
  2. Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.
  3. Confirm issues and discuss options providing direction and guidance to the parties.
  4. Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.
  5. Expedite listing and hearing for matters proceeding to further hearing.
Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Confirm issues and discuss options providing direction and guidance to the parties.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Expedite listing and hearing for matters proceeding to further hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Provide information and options on rules and legislation

  1. Provide interpretation of rules and legislation in the context of specific and general practice and procedure.
  2. Assess severity of urgent matters and determine course of procedure.
  3. Determine intent of legislation and provide advice.
Provide interpretation of rules and legislation in the context of specific and general practice and procedure.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assess severity of urgent matters and determine course of procedure.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine intent of legislation and provide advice.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Settle orders

  1. Interpret and amend draft orders according to record of outcome.
  2. Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.
  3. Prepare final orders made at hearings.
  4. Sign and seal completed orders and settle cases.
Interpret and amend draft orders according to record of outcome.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Prepare final orders made at hearings.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Sign and seal completed orders and settle cases.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Preside in prescribed matters

  1. Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.
  2. Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.
  3. Confirm issues and discuss options providing direction and guidance to the parties.
  4. Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.
  5. Expedite listing and hearing for matters proceeding to further hearing.
Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Confirm issues and discuss options providing direction and guidance to the parties.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Expedite listing and hearing for matters proceeding to further hearing.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Provide information and options on rules and legislation

1.1 Provide interpretation of rules and legislation in the context of specific and general practice and procedure.

1.2 Assess severity of urgent matters and determine course of procedure.

1.3 Determine intent of legislation and provide advice.

2. Settle orders

2.1 Interpret and amend draft orders according to record of outcome.

2.2 Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.

2.3 Prepare final orders made at hearings.

2.4 Sign and seal completed orders and settle cases.

3. Preside in prescribed matters

3.1 Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.

3.2 Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.

3.3 Confirm issues and discuss options providing direction and guidance to the parties.

3.4 Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.

3.5 Expedite listing and hearing for matters proceeding to further hearing.

Required Skills and Knowledge

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Provide information and options on rules and legislation

1.1 Provide interpretation of rules and legislation in the context of specific and general practice and procedure.

1.2 Assess severity of urgent matters and determine course of procedure.

1.3 Determine intent of legislation and provide advice.

2. Settle orders

2.1 Interpret and amend draft orders according to record of outcome.

2.2 Liaise with legal representatives, judicial officers and associates regarding discrepancies in interpretation of the orders made.

2.3 Prepare final orders made at hearings.

2.4 Sign and seal completed orders and settle cases.

3. Preside in prescribed matters

3.1 Assess case flow requirements in accordance with legislation, rules, court load, natural justice and defined criteria to ensure that matters proceed in line with timeframes and guidelines of case-flow management.

3.2 Facilitate discussion to explain the reason for a hearing and to achieve settlement of the matter between the parties.

3.3 Confirm issues and discuss options providing direction and guidance to the parties.

3.4 Make decisions or orders to settle the matter and ensure a fair and equitable outcome in accordance with the principles of natural justice.

3.5 Expedite listing and hearing for matters proceeding to further hearing.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

interpreting and applying legislation, rules, practice and procedures in the performance of quasi-judicial functions

following procedures relating to public sector legislation, including WHS and environment, in the context of performing quasi-judicial functions

facilitating informal discussion between legal representatives and parties while maintaining impartiality

dealing with conflict to ensure efficient case flow

dealing with different people, including the judiciary, legal profession and litigants

responding to diversity

evaluating circumstances and making decisions with integrity and fairness

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

alternative dispute resolution provisions and processes of courts

courts administration structure

legislation conferring jurisdiction on court

legislation, rules, practice, procedures and precedents relating to the performance of quasi-judicial functions

judicial independence

natural justice

structure, roles and functions of courts