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Evidence Guide: PSPCRT414A - Administer court legislation

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

 

PSPCRT414A - Administer court legislation

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

Access and identify applicable legal framework.

  1. Identify applicable jurisdiction and access current legislation, regulations, organisational procedures, standards and codes of practice in both hard and soft formats.
  2. Monitor sources of information for changes to the legal framework.
  3. Apply common rules of statutory interpretation to legislation and regulations.
  4. Interpret delegated legislation consistently with enabling Act.
Identify applicable jurisdiction and access current legislation, regulations, organisational procedures, standards and codes of practice in both hard and soft formats.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Monitor sources of information for changes to the legal framework.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply common rules of statutory interpretation to legislation and regulations.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Interpret delegated legislation consistently with enabling Act.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply knowledge of legal framework to the workplace.

  1. Determine legal accountability obligations from legislation, regulations, organisational procedures, standards and codes of practice.
  2. Identify consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice.
  3. Recognise limits of own expertise and legal accountability obligations, and access appropriate sources of expertise as required.
  4. Ensure that work is undertaken in a legally compliant manner.
Determine legal accountability obligations from legislation, regulations, organisational procedures, standards and codes of practice.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recognise limits of own expertise and legal accountability obligations, and access appropriate sources of expertise as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure that work is undertaken in a legally compliant manner.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Communicate knowledge of legal framework.

  1. Clearly outline legal limits of own responsibility before any information is provided.
  2. Clearly explain source of legislative authority for decision making to a range of both internal and external clients.
  3. Use appropriate legal terminology in both written and oral communication with both internal and external clients.
  4. Ensure questions relating to legal terminology can be answered and terms are defined.
  5. Provide information to others on the legal accountability obligations arising from legislation, regulations, organisational procedures, standards and codes of practice.
  6. Provide information to others on the consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice.
Clearly outline legal limits of own responsibility before any information is provided.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clearly explain source of legislative authority for decision making to a range of both internal and external clients.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Use appropriate legal terminology in both written and oral communication with both internal and external clients.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure questions relating to legal terminology can be answered and terms are defined.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide information to others on the legal accountability obligations arising from legislation, regulations, organisational procedures, standards and codes of practice.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide information to others on the consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice.

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.

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

Assessment must confirm the ability to:

identify, access and apply legislation in different jurisdictions

research, identify and apply changes to relevant legislation

conduct research and obtain professional advice as appropriate to ensure that work is conducted in compliance with relevant legislation

understand personal limitation of legislative responsibilities

communicate information about legislation applying to legislative workplaces

Consistency in performance

Competency should be demonstrated by interpreting applying legislation in a range of settings 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 working in a:

court or tribunal

minimum of two jurisdictions

relevant legislation, protocols, procedures and policy for each jurisdiction

scenarios and/or case studies to capture the range of situations and issues likely to be encountered

relevant communication, information and reporting systems

Guidance information for assessment

The following assessment methods are suggested:

oral questioning about relevant programs, roles of stakeholders, and eligibility criteria

observation of the candidate providing services in 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

literacy skills to:

read and interpret complex legal material

apply legal terminology correctly

communication and interpersonal skills to:

provide explanations to others

promote understanding of legislation, regulations, organisational procedures and codes of practice, in particular lodging of applications

research skills to:

locate relevant legislation, rules, regulations and codes of practice

clarify intended meaning of relevant legislation, rules, regulations and codes of practice

initiative and enterprise skills to apply legislation, rules, regulations and codes of practice

Required knowledge

distinction between legal and procedural information

jurisdictional limitations

general rules of statutory interpretation

identification of the currency of legislation, regulations, organisational procedures and codes of practice

principles of effective client service delivery

legal accountability obligations

consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice

personal limitation of legislative responsibilities and appropriate sources of expertise

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.

Jurisdiction may include:

authority of a judicial officer or administrator to hear and decide a type of matter determined by:

geographical area

monetary value

legislation

choice of parties

Hard and soft formats may include:

electronic databases

loose leaf legislation services

government legislation publications

Sources may include:

practice directions

electronic databases

government legislation updates

Common rules of statutory interpretation may include:

golden rule

mischief rule

plain meaning or literal rule

purposive rule

Consequences of non-compliance may include:

fines

commission of an offence

costs

matter being struck out

misconduct proceedings

under-performance proceedings

Internal and external clients may include:

court users

legal practitioners

presiding officials

colleagues

senior managers

service providers

Legal terminology may include:

statutory definitions

procedural terms

documentation terms

forms of address

acronyms

Latin terms