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Evidence Guide: PSPREV404A - Interpret and assess contracts

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

 

PSPREV404A - Interpret and assess contracts

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

Identify key features of contracts

  1. Contracts are analysed and parties involved in each contract are identified.
  2. Legal nature and elements of contracts, terms and obligations are identified in accordance with contract law.
  3. Conditions, warranties and contingencies identified in the contract are differentiated.
  4. Circumstances and consequences of terminating contracts are identified.
  5. If contractual rights have been assigned, assignment is confirmed as valid in accordance with applicable legal principles.
Contracts are analysed and parties involved in each contract are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Legal nature and elements of contracts, terms and obligations are identified in accordance with contract law.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conditions, warranties and contingencies identified in the contract are differentiated.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances and consequences of terminating contracts are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

If contractual rights have been assigned, assignment is confirmed as valid in accordance with applicable legal principles.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess contracts for eligibility and liability

  1. Contracts are analysed in accordance with criteria using a legislative decision making process.
  2. Eligibility or liability of contracts is confirmed or denied in accordance with applicable statute law and case law.
  3. Decisions are made and notified to customers in accordance with organisational policy and procedures.
Contracts are analysed in accordance with criteria using a legislative decision making process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Eligibility or liability of contracts is confirmed or denied in accordance with applicable statute law and case law.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Decisions are made and notified to customers in accordance with organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify key features of contracts

  1. Contracts are analysed and parties involved in each contract are identified.
  2. Legal nature and elements of contracts, terms and obligations are identified in accordance with contract law.
  3. Conditions, warranties and contingencies identified in the contract are differentiated.
  4. Circumstances and consequences of terminating contracts are identified.
  5. If contractual rights have been assigned, assignment is confirmed as valid in accordance with applicable legal principles.
Contracts are analysed and parties involved in each contract are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Legal nature and elements of contracts, terms and obligations are identified in accordance with contract law.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conditions, warranties and contingencies identified in the contract are differentiated.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Circumstances and consequences of terminating contracts are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

If contractual rights have been assigned, assignment is confirmed as valid in accordance with applicable legal principles.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess contracts for eligibility and liability

  1. Contracts are analysed in accordance with criteria using a legislative decision making process.
  2. Eligibility or liability of contracts is confirmed or denied in accordance with applicable statute law and case law.
  3. Decisions are made and notified to customers in accordance with organisational policy and procedures.
Contracts are analysed in accordance with criteria using a legislative decision making process.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Eligibility or liability of contracts is confirmed or denied in accordance with applicable statute law and case law.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Decisions are made and notified to customers in accordance with organisational policy and procedures.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:

PSPETHC401A Uphold and support the values and principles of public service

PSPREV401A Identify and apply statute law

PSPREV402A Undertake legislative decision making

PSPREV403A Manage information on legal entities, relationships and property

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOV402B Deliver and monitor service to clients

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

Resources required to carry out assessment

These resources include:

legislative decision making process

government legislation, regulations, rulings, Commissioner's practices and other applicable case law relating to contracts

organisational procedures and protocols relating to interpretation and assessment of contracts

scenarios and case studies to capture the range of situations likely to be encountered when interpreting and assessing contracts

access to relevant systems

Where and how to assess evidence

Valid assessment of this unit requires:

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

interpretation and assessment of contracts in a range of three or more contexts or occasions, over time

Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:

workplace projects

simulation or role plays

case studies and scenarios

portfolios

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

Required Skills and Knowledge

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

Required skills:

Look for evidence that confirms skills in:

reading and analysing complex and formal documents, such as contracts, legislation and related materials and applying them to work situations

communicating with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

responding to diversity, including gender and disability, when dealing with customers

applying environmental and occupational health and safety procedures to administrative work and when dealing with customers

Required knowledge:

Look for evidence that confirms knowledge and understanding of:

sources of contract law

rules of construction of contracts

privacy doctrine of contracts

what may constitute a breach of contract

termination of contract, e.g. by consent, by frustration, etc.

legislative decision making process

principles applicable to assignment of contractual rights

confidentiality provisions

Range Statement

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.

Elements of a contract include:

parameters of agreement

consideration

intention to create legal relations

impartiality

Conditions are:

important contractual terms in a contract where a breach deprives the innocent party of substantially the whole intended benefit from the contract, and allows the party to terminate the contract and sue for damages

Warranties are:

less important terms in a contract where a breach will not deprive the innocent party of substantially the whole intended benefit from the contract, and will only entitle the innocent party to sue for damages

Contingencies are:

obligations that are conditional upon the happening of a prescribed event