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Evidence Guide: PSPCRT404C - Serve 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

 

PSPCRT404C - Serve process

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

Complete preliminary requirements prior to serving process.

  1. Documents are processed according to legislation, and organisational policy and procedures.
  2. Incorrectly received documents are forwarded to correct location for service according to organisational policy and procedure.
  3. Details of processto be served are entered into data system according to organisational policy and procedures.
Documents are processed according to legislation, and organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Incorrectly received documents are forwarded to correct location for service according to organisational policy and procedure.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Details of processto be served are entered into data system according to organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Serve or attempt to serve process.

  1. Service of process is attempted according to organisational policy and procedures, legislative requirements for the type of process served, the jurisdiction and prescribed timeframes.
  2. Where process must be served personally, the person or entity is identified and the nature of the document is identified, if necessary under the rules, as it is served.
  3. Where service is non-personal, process is served in accordance with legislative requirements.
  4. Where there is non-service, compliance with organisational policy and procedures, legislative requirements and prescribed timeframes is required.
Service of process is attempted according to organisational policy and procedures, legislative requirements for the type of process served, the jurisdiction and prescribed timeframes.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Where process must be served personally, the person or entity is identified and the nature of the document is identified, if necessary under the rules, as it is served.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Where service is non-personal, process is served in accordance with legislative requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Where there is non-service, compliance with organisational policy and procedures, legislative requirements and prescribed timeframes is required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete administrative requirements.

  1. Signatures acknowledging service of process are obtained in accordance with legislative requirements.
  2. Reports of service are completed, and affidavits are prepared, sworn and dispatched with any annexures according to organisational policy and procedures, legislative requirements and prescribed timeframes.
  3. Refusals to sign are detailed in affidavits of service according to organisational policy and procedures.
  4. Reports or notices of non-service are prepared and dispatched according to organisational policy and procedures.
Signatures acknowledging service of process are obtained in accordance with legislative requirements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Reports of service are completed, and affidavits are prepared, sworn and dispatched with any annexures according to organisational policy and procedures, legislative requirements and prescribed timeframes.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Refusals to sign are detailed in affidavits of service according to organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Reports or notices of non-service are prepared and dispatched according to organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Competency must be demonstrated in completing preliminary requirements prior to serving process, serving or attempting to serve process, and completing administrative requirements

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Assessment must confirm the ability to:

confirm validity of documents' details and deal with incorrect documents

serve process personally and non-personally according to organisational policies and procedures, jurisdiction and legislation appropriate to type of process served

apply procedures if process is not served

apply organisational policies and procedure to producing and maintaining administrative requirements

Consistency in performance

Competency should be demonstrated by serving process in a range of contexts and over time.

Context of and specific resources for assessment

Assessment must comply with:

applicable regulations and codes

workplace procedures and protocols

Access may be required to:

a workplace environment or one that closely resembles normal work practices and replicates the range of conditions likely to be encountered when serving process, including coping with difficulties, irregularities and breakdowns in routine

legislation, policy, procedures and protocols relating to serving process

case studies and workplace scenarios to capture the range of situations likely to be encountered when serving or attempting to serve process

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about relevant legislation, acting ethically, and applying processes

observation of the candidate responding to a range of contexts to ensure achievement of the unit outcomes

feedback from peers and/or supervisor that the candidate consistently applies relevant workplace procedures

review of records completed by candidate or reports of performance

In all cases, practical assessment should be supported by questions to assess underpinning knowledge and those aspects of competency that are difficult to assess directly. Questioning techniques should suit the language and literacy levels of the candidate.

Required Skills and Knowledge

Required skills

initiative and enterprise skills to:

apply legislative requirements to serving process

apply procedures relating to public sector legislation, such as OHS procedures relating to maintaining operational safety while serving process

interpret requirements of process to be served

communication skills to:

identify intended recipients

explain nature of process

obtain signatures

deal effectively with contingencies

interpersonal skills to respond to diversity, including gender and disability

literacy skills to complete affidavits

planning and organising skills to maintain records

literacy skills to prepare reports or notices

Required knowledge

legislation and rules relating to personal and non-personal service of process

organisational policy and procedures relating to service of process

jurisdiction policies and procedures relating to service of process

rules for swearing affidavits

equal employment opportunity principles

equity and diversity principles

working ethically

public sector legislation, such as OHS and environment in the context of serving process

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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Processed may include:

checking prior to service to confirm correctness and validity

checking administrative details, such as:

sufficient copies

fees paid or accounted for

address for service

sealed by the court

signed by the court registrar

Process to be served may be served on:

individuals

companies

corporations

registered and unregistered firms

a ship or property on board a ship

Service of process may include:

identifying self and showing official identification if required

establishing the identity of the required recipient

identifying the nature or content of the process to be served

service by post, in accordance with legislative requirements

Jurisdiction may include:

local court (civil claims)

Magistrates' Court

County Court

District Court

Supreme Court

High Court

Federal Court

Family Court

Coroner's Court

tribunal

Federal Magistrates Service

Admiralty Act and rules

Acts relating to:

bankruptcy

victims compensation

companies

proceeds of crime

Process may include:

originating process

statements of claim

notices to occupiers

examination summons

garnishment notices

garnishee orders

subpoenas

notices of motion

applications for dissolution of marriage

family court maintenance or property distribution applications

bankruptcy notices or petitions

victim compensation

summonses for jury prosecution

industrial relations summonses

residential tribunal summonses

interstate process

foreign process

Non-personal service may include:

leaving the process with someone over a required age at the address specified on the process

service to someone representing the person or entity, such as:

solicitor

governor of prison

parent or guardian of minor

guardian or tutor of disabled or incompetent person

director of a company

chairperson, president or officer of a corporation

staff working at a registered or unregistered firm

a person apparently in charge of a ship or property

Affidavits are prepared and sworn before persons who may include:

justice of the peace

commissioner of affidavits

notary public

solicitor

person authorised under the relevant legislation