Unit of competency Outline

Date retreived
22/07/2026 7:55 PM 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.

Serve legal process

Serve legal process

Unit of competency
National Code
FNSMCA303A
State Code
D4257
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
24/11/2010
State Implementation and Classification
Approved Date
28/07/2014
Field of Education
091103 - Legal Studies
Original Release Date
28/07/2014
Nominal Hours
30
Description
This unit describes the performance outcomes, skills and knowledge required to investigate and analyse client legal requirements for preparing documentation and serving legal processes.This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.
Notes
Elements and Performance Criteria
1. Plan and prepare procedures
  • 1.1. Client's written instructions are accurately and clearly interpreted
  • 1.2. Relevant legal and procedural issues for consideration and action are identified in accordance with current legislation and organisation policies and procedures
  • 1.3. Type of service is identified according to the nature of the debt or legal process
2. Serve documents
  • 2.1. Documents are checked to ensure they are complete and intact
  • 2.2. Valid document being served is verified by checking contents for type of document and numbers of document for service and documents are served according to legal requirements
3. Prepare affidavit of service or non-service
  • 3.1. Affidavits are prepared in relation to court documents for process service worksheets with relevant factual details of service recorded in the affidavit
  • 3.2. Court documents are correctly completed and signed and sworn or affirmed in accordance with court requirements and court procedural manual
  • 3.3. A final report is prepared for client, detailing outcome of procedure
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.
Clients may include:
banks
building societies
credit unions
employers
finance companies
financiers
government agencies
other commercial agents
private companies
solicitors.
Organisation policies and procedures may include:
assistance to customers on billing and collection problems
gathering information and its evaluation
legal obligations and framework
liaison and information dissemination to internal and external parties
maintenance of customer account files
making billing adjustments to customer accounts
minimising risk
overall organisation goals and objectives
reviewing and adjusting credit limits for established customers
safe storage of security documentation
trading terms and credit limits.
Types of service may include:
handed to a person, requiring a signature of that person
service on a nominated person or corporation in accordance with relevant legislation.
Documents may include:
legal notices
notice of demand
statement of claim
writs.
Relevant factual details may include:
conversation at time of service
full name of process server
identification of person
time, date and place of service.
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:
take personal responsibility for fully complying with legal obligations and interpret and comply with legislative requirements and general developments in process serving
develop constructive responses when confronted with problems and difficulties
accurately complete legal documents
liaise and cooperate with a variety of persons in serving legal documents.

Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment
access to and the use of a range of common office equipment, technology, software and consumables
access to relevant legal and industry documentation for process serving.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge. The following examples, in combination, are appropriate for this unit:
evaluating an integrated activity which combines the elements of competency for the unit or a cluster of related units of competency
verbal or written questioning on underpinning knowledge and skills
setting and reviewing simulations or scenarios
evaluating samples of work
accessing and validating third party reports.

Guidance information for assessment
Replaces
State Code National Code Title Type
C9877 FNSMERC303B Serve legal process Unit of competency
Replaced By
State Code National Code Title Type
AUS27 FNSMCA303 Serve legal process Unit of competency
State Code National Code Title Type
S696 FNS30410 Certificate III in Mercantile Agents Qualification