Unit of competency Outline

Date retreived
22/07/2026 5:34 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Execute process

Execute process

Unit of competency
National Code
PSPCRT503C
State Code
D3685
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
State Implementation and Classification
Approved Date
07/07/2014
Field of Education
091101 - Justice Administration
Original Release Date
07/07/2014
Nominal Hours
40
Description
This unit covers the ability to execute or attempt to execute warrants, orders or writs as directed by the court, and may include: civil and criminal execution. It includes completing preliminary requirements, executing or attempting to execute process, and completing administrative requirements.In practice, executing process may overlap with other generalist or specialist public sector work activities, such as acting ethically, complying with legislation, working safely, working with diversity and carrying out evictions. No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Complete preliminary requirements prior to execution of process.
  • 1.1. On receipt, warrants are endorsed with the time and date, and where multiple warrants are issued against the same judgement debtor/defendant, priorities for execution are determined in accordance with legislative requirements of the issuing jurisdictions.
  • 1.2. Details of process to be executed are entered into data system according to organisational policy and procedures.
  • 1.3. Warrants are checked prior to execution to confirm requirements, details of judgement debtor/defendant, accompanying documents and time and date of issue.
  • 1.4. Where possible, risk assessment and any assistance required to execute process, are determined in advance.
  • 1.5. Stays of action are dealt with in accordance with legislative requirements.
2. Execute or attempt to execute process.
  • 2.1. Attempts are made to find location of judgement debtor/defendant in order to make a demand for payment according to organisational policy and procedures and legislative requirements.
  • 2.2. Location is attended as instructed by the court, and identification of the judgement debtor/defendant is made according to organisational policy and procedures.
  • 2.3. Statements are formatted to meet legal and organisational requirements.
  • 2.4. If the debt is not satisfied and property belonging to the judgement debtor/defendant is identified, it is seized according to organisational policy and procedures and legislative requirements.
  • 2.5. Safety of self and others is maintained and the need for assistance is determined and arranged according to organisational procedures.
  • 2.6. If claims of ownership of the seized property are made by persons other than the judgement debtor/defendant, this information is recorded and claimants are advised of the process to progress their claim.
  • 2.7. Value and types of seized property are assessed to comply with organisational policy and procedures and legislative requirements.
  • 2.8. Custodian and/or removal and storage, maintenance, and sale of seized property are arranged according to organisational policy and procedures and legislative requirements.
3. Use notes to give evidence.
  • 3.1. If process is unable to be executed, relevant documentation is completed and follow-up action is determined according to organisational policy and procedures and legislative requirements.
  • 3.2. If seizures are effected, inventories and/or other required documents are completed, signed and provided according to organisational policy and procedures and legislative requirements.
  • 3.3. Monies seized or received in satisfaction of a writ are dealt with according to organisational policies and procedures and legislative requirements.
  • 3.4. Data system is updated and organisational records are completed according to organisational requirements and timeframes.
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.
Process may include:
warrants
orders
writs, such as writs for levy of property and writs of execution
Warrants may include:
writs and orders
warrant to seize property
warrant of seizure and sale
warrant of distress
Accompanying documents may include:
application of debt
verifying affidavit
notice to judgement debtor/defendant of writ of execution
Stays of action may include:
loss of priority
withdrawal from possession and return of writ
expiry of writ and return of property
expiry of writ and disposal of property
notice of disposal
record of disposal
Location information may include:
new address
name of rental agent of premises
how long judgement debtor/defendant has resided at address
Assistance may include:
police and other agencies
locksmith
legal adviser
harbour master
removalist
towing contractor
Information may include:
full details of alleged owner
nature of ownership
documentary evidence of ownership
need to forward claim in writing
Value may include:
amount of writs plus costs, fees and charges sufficient to satisfy writs
Seized property type may include:
goods and chattels
land or real estate in which the judgement debtor's right title and interest may be sold
monies, bank notes, cheques, bills of exchange, promissory notes, bonds or other securities
Property exempt from seizure may include:
wearing apparel
bedding
bedroom or kitchen furniture
tools of trade
plant and equipment
professional instruments
reference books in use by debtors or their family, depending on the rules of the court jurisdiction and legislative requirements
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:
use information to determine priorities for execution
record data appropriate to legislative and organisational requirements
confirm requirements of warrants
apply appropriate risk management procedures to ensure safety in the workplace
identify and locate judgement debtor/defendant
identify and seize appropriate property
process monies in compliance with legislative and organisational requirements
complete relevant documentation and records
comply with legislative and organisational policies and procedures.
Consistency in performance
Competency should be demonstrated by executing process 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 executing process, including coping with difficulties, irregularities and breakdowns in routine
legislation, policy, procedures and protocols relating to execution of process
case studies and workplace scenarios to capture the range of situations likely to be encountered when executing process.
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.
Replaced By
State Code National Code Title Type
AWW24 PSPCRT020 Execute process Unit of competency