Elements and Performance Criteria

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.
Legislation, regulations and policies may include:
commonwealth, state and territory legislation and regulations relating to:
family law, including marriage dissolution, property settlement, family violence and custody of children
taxation.
Steps involved in marriage dissolution may include:
period of twelve month separation
court ordered mediation
addressing issues arising from family violence
acknowledging service
applying to Family Court for dissolution of marriage
assessing spouse's respective assets and personal input into marriage
court counselling and mediation
court hearings
granting of decree nisi
determining maintenance arrangements
one month after granting of decree nisi, granting of decree absolute
determining residence and contact
serving dissolution documents
serving subpoena to give evidence at court
settling on property
three month cohabitation where possible
where children are involved, settling on custody arrangements
possible appeal rights.
Client may include:
applicant for marriage dissolution (person seeking a divorce)
grandparent or guardian
husband
wife.
Legislative and regulatory requirements may relate to:
client and organisation, such as consumer protection policies
establishing a trust account
government legal practice Acts in state or territory
legislation and regulations governing family law and associated matters.
Organisation's policies and procedures relating to costing documentation may relate to:
credit policy
protocol for costing, including:
billable hours
fixed quote
legal aid requirements
no fee no win
pro bono
scale of costs
special rates
tender rates
recording information
security, confidentiality and privacy procedures
using external cost consultants
verifying and authorising information.
Organisation's policies and procedures relating to file documentation and administration may include:
accessing files
code of conduct
conflict of interest check
contingency management
fee structure
individual procedures adopted by instructing legal practitioner
information sources
initiation of files
interviewing
office procedural manual
protocol for accommodating specific client needs, e.g. case manager or social worker
protocol for contacting clients, e.g. translator or interpreter
recording information
telephone protocol
time-recording procedures.
Relevant background documentation may include:
affidavits concerning personal input into marriage
application for final orders
bank statements
certificates
documentation concerning school fees and expenses
expert reports
land title documents
letters
mortgage documents
other financial statements
salary documents
statement of shares
taxation documents.
Designated person may include:
barrister
legal practice manager
legal practitioner
supervisor.
Relevant documents may include:
acknowledgement of service
affidavits on various matters
application for dissolution of marriage
counselling certificate
letter confirming the granting of a decree nisi
letters to clients
marriage certificate.

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

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the ability to:
apply knowledge of the legal and philosophical basis of family law in providing appropriate information and documentation to clients at appropriate stages of the legal process
apply relevant non-litigious solutions where appropriate
adhere to accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviour, privacy, non-discriminatory practice, conflict of interest, and compliance with reasonable direction.

Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
appropriate legislation and regulations relevant to family law
workplace manuals and reference materials, such as company policies, procedural manuals, checklists, sources of documentation and sample forms
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate texts and people with expert knowledge, such as legal practitioners
appropriate legislation and regulations relevant to common legal matters.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this units:
analysis of responses to case studies and scenarios
direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
observation of role plays
review of marriage dissolution and other relevant documents prepared
evaluation of level of maintenance calculated
oral or written questioning to assess knowledge of legal terminology specific to family law.

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.