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.
Courts, regulatory bodies and other legal service providers may include:
County Court
Federal Court
Industrial Relations Court
Family Court
Supreme Court
Magistrates Court
Civil Registry Courts
State and Commonwealth Administrative Appeals Tribunal
Registrar of Probates
Liquor Licensing Commission
others not included in this listing
Key personnel in the legal industry may include:
Barristers
Coroners
Crown Prosecutor
Crown Solicitor
Director of Public Prosecutions
Judges
Judges' associates
Magistrates
public defenders
public solicitors
solicitors
solicitor for public prosecutions
paralegals
legal secretaries
partner
managing partner
legal practice manager
law clerk
Queen's counsel
process server
authorised signing parties
other key personal in the legal industry not included in this listing.
Relevant legal practice legislation requirements may relate to:
relevant State/Territory/Commonwealth legislation (eg. Legal Practice Act, The Judiciary Act)
schedules of fees and duties payable
the area of law
the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)
trust accounting
other Commonwealth, state/territory and/or local legislations, rules, regulations and/or codes of practice not included in this listing.
Key functions of a firm may include:
commercial law
corporate law
criminal law
family law
industrial relations/employment law
litigation
property law
services in a specific area of law such as:
tax law
wills and probate
a range of legal services in specific settings such as:
Community Legal Centres
Government Solicitor's offices
Legal Aid Commissions
legal departments in large businesses
paralegal agencies (debt recovery, conveyancing)
private law firms (large, medium and small)
other areas of law not included in this listing
Key functions of personnel/departments may include:
accounts
catering
financial management
human resources
information technology
library/information services
mail room
marketing
reception
specialised areas of law.
Personnel responsible for authorisation of specific matters may include:
business manager
lawyer
legal practice manager
partner
supervisor
teacher/trainer
work colleague
other personnel not included in this listing.
A firm's policies and procedures may include:
accessing files
checklists
contingencies
core values
emergency procedures
firm charter
information sources
information specific to the firm
initiation of files
on-line information manuals
privacy
procedure manual
professional conduct code
recording information
security/confidentiality procedures
telephone protocol
training guides
updating files
verifying and authorising information.
Documents/forms may include:
agreements
briefs
emails
internal correspondence
letters
memorandums of law
opinion letters
pleadings
precedents
registered legal instruments
transcripts from supervisor's notes.
Requirements for documents/forms may include:
appropriate use of letterhead
correct line spacing
correct margins
correct use of reference
dual column system
list of enclosures
paragraph numbering
placing of headings
presence/absence of a back sheet
presence/absence of a cover sheet
specific sign off clauses
usage of keycaps and font features
use of document footers.
Precedents relevant to the particular area of law may include:
a firm's templates
agreements
contracts
court documents
leases
letter confirming client's instructions and rights
mortgages
standard letters
transfer of shares
wills
other precedents not included in this listing.
The precedent bank may be:
external
in-house
on-line
stored pre-printed forms.
Documents may be despatched via:
courier
email
fax
hand delivery
pick up by client
post AUSDOC.
Supplier of certificates may include:
clients
contracted supplier
local government agencies
other law firms
State and Federal government agencies.
Certificates may include:
birth
business names
citizenship
death
incorporation
marriage
rate and planning certificates
registration of business
title
trademark registration.
Certificates may be requested:
by letter
in person
on-line
via fax
via telephone.
Documentation for application may include:
application for reservation of a name
articles of association
memorandum of association.
Court etiquette may include:
acknowledging the Judge as he/she enters the court/tribunal at commencement of proceedings
acknowledging the Judge as he/she leaves the court/tribunal at the conclusion/adjournment of proceedings
behaving appropriately when entering or leaving the court/tribunal during proceedings
not speaking in the court/tribunal unless required to do so
remaining standing until the Judge is seated
using the appropriate form of address for a Judge or a Magistrate.

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 following is essential:
accurately explaining relevant legal terminology in simple terms and using it correctly where appropriate
applying knowledge of the purpose of different types of documents/forms to read and interpret client's file and select appropriate information for inclusion
correctly preparing a range of relevant documents/ forms for lodgement or delivery in accordance with firm's procedures, relevant timelines and legislative requirements
accurately referring tokey personnel/sections of a firm according to their functions in all administrative tasks, written information and when responding to enquiries
applying correct processes, as designated by supplier, for the lodgement and receipt of certificates.
Context of and specific resources for assessment
Assessment must ensure:
wherever possible the context is a real or simulated workplace
access to workplace manuals and reference materials such as company policy, procedural manuals and checklists
access to list of relevant sources of documentation and sample forms
access to background information on courts, their jurisdiction and behavioural requirements
access to appropriate technology such as computers with relevant software
access to appropriate texts and access to person's with expert knowledge such as legal practitioners
access to appropriate legislation and regulations relevant to common legal matters, such as that accessible via:
http://www.law.gov.au
http://www.ag.gov.au
http://www.austlii.edu.au/
http://www.australia.gov.au/states-territories
http://www.act.gov.au
http://www.nsw.gov.au
http://www.nt.gov.au
http://www.qld.gov.au
http://www.sa.gov.au
http://www.tas.gov.au
http://www.vic.gov.au
http://www.wa.gov.au
Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:
analysis of responses to case studies and scenarios
assessment of written reports
direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate
observation of presentations
questioning (oral or written)
review of testimony from team members, colleagues, supervisors or managers
tests of knowledge on relevant legislation, rules, regulations, codes of practice and research resources.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
other legal services administration or general administration units.