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Evidence Guide: PSPCRT504C - Carry out possessions and evictions

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

 

PSPCRT504C - Carry out possessions and evictions

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

Complete preliminary requirements prior to carrying out possessions and evictions.

  1. Writs/warrants are checked prior to execution to confirm their validity, expiry date and detailed requirements.
  2. Where relevant, notices to vacate are prepared and delivered and possession/eviction dates and times are confirmed with the occupant, where possible, in accordance with legislative requirements and timeframes.
  3. Possession/eviction dates and times are confirmed with other personnel to be present, and their responsibilities are outlined in accordance with legislative requirements.
  4. Risk assessments are conducted to identify potential safety issues, and assistance is arranged according to the level of identified risk, organisational policy and procedures and legislative requirements.
  5. Arrangements are made for payment of possession/eviction fees according to organisational policy and procedures.
Writs/warrants are checked prior to execution to confirm their validity, expiry date and detailed requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Where relevant, notices to vacate are prepared and delivered and possession/eviction dates and times are confirmed with the occupant, where possible, in accordance with legislative requirements and timeframes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Possession/eviction dates and times are confirmed with other personnel to be present, and their responsibilities are outlined in accordance with legislative requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Risk assessments are conducted to identify potential safety issues, and assistance is arranged according to the level of identified risk, organisational policy and procedures and legislative requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Arrangements are made for payment of possession/eviction fees according to organisational policy and procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Use relevant protocols to conduct possessions and evictions.

  1. If the plaintiffs or their representatives are unable to attend, the possession/eviction is rescheduled in accordance with legislative requirements and timeframes.
  2. All persons on the premises without right are requested to leave in accordance with legislative requirements and organisational policy and procedures.
  3. If relevant occupants refuse to leave they are forcibly removed in accordance with legislative powers, and contingencies are dealt with using standard operating procedures.
  4. Where assistance is required to remove occupants, this is obtained according to organisational policy and procedures.
  5. Once all required persons, goods and chattels are outside the property line, possession is given to plaintiffs or their representatives in accordance with conditions of writ or warrant.
If the plaintiffs or their representatives are unable to attend, the possession/eviction is rescheduled in accordance with legislative requirements and timeframes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

All persons on the premises without right are requested to leave in accordance with legislative requirements and organisational policy and procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

If relevant occupants refuse to leave they are forcibly removed in accordance with legislative powers, and contingencies are dealt with using standard operating procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Where assistance is required to remove occupants, this is obtained according to organisational policy and procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Once all required persons, goods and chattels are outside the property line, possession is given to plaintiffs or their representatives in accordance with conditions of writ or warrant.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Complete administrative requirements.

  1. Signatures of plaintiffs or their representatives are obtained on a receipt of possession, which is retained with the writ/warrant in accordance with legislative and organisational requirements.
  2. Payment of possession/eviction fees is receipted according to organisational policy and procedures.
  3. Organisational records are completed and reportingrequirements are met according to organisational policy, procedures and timeframes.
Signatures of plaintiffs or their representatives are obtained on a receipt of possession, which is retained with the writ/warrant in accordance with legislative and organisational requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Payment of possession/eviction fees is receipted according to organisational policy and procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Organisational records are completed and reportingrequirements are met according to organisational policy, procedures and timeframes.

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:

confirm validity and requirements of warrant/writ

apply appropriate risk-management procedures to ensure safety in the workplace

apply effective communication

apply scope of authority to remove occupants if necessary

apply contingencies when appropriate

handle and process payments accurately

meet recording and reporting requirements

apply legislative and organisational policies and procedures.

Consistency in performance

Competency should be demonstrated by carrying out possessions and evictions on a range of occasions, 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 carrying out possessions and evictions, including coping with difficulties, irregularities and breakdowns in routine

legislation, policy, procedures and protocols relating to evictions and possessions

case studies and workplace scenarios to capture the range of situations likely to be encountered when carrying out possessions and evictions.

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:

legislation, rules, practice and procedures relating to carrying out possessions and evictions

risk assessment relating to persons occupying property

procedures in relation to public sector legislation, such as OHS procedures relating to maintaining operational safety while conducting possessions and evictions

communication skills to:

coordinate possession or eviction

deal effectively with difficult occupants

interpersonal skills to respond to diversity, including gender and disability

literacy and numeracy skills to:

interpret writs and warrants

complete and maintain accurate records

process required fee payments

Required knowledge

legislation relating to possessions, evictions and execution of process

organisational policy and procedures relating to possessions and evictions

operational safety procedures

equal employment opportunity principles

equity and diversity principles

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.

Validity may include:

12 months from date of issue for writs of possession

28 days from date of issue for residential tribunal warrants

Responsibilities of plaintiffs may relate to:

providing a locksmith to gain access and secure premises

paying possession/eviction fees

negotiating removal of occupants' belongings after possession or eviction

signing receipt for possession

Assistance may include:

additional sheriff's officers

police

manual labour

Occupants may include:

defendants identified as having to vacate

occupants who are allowed to remain even though others have been identified as needing to be evicted

Contingencies may include:

use of defendant interaction techniques

disengaging

calling the police

Payment of possession/eviction fees may include:

by plaintiff

by landlord

part-payment, with the balance subsidised

Reporting requirements may include details of:

warrant number

file number

date of issue

date received

date executed

amount owing

time taken to execute