Unit of competency Outline

Date retreived
22/07/2026 7:54 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.

Utilise the legal process to recover outstanding debt

Utilise the legal process to recover outstanding debt

Unit of competency
National Code
FNSCRD404A
State Code
D4086
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
24/11/2010
State Implementation and Classification
Approved Date
29/07/2014
Field of Education
091103 - Legal Studies
Original Release Date
29/07/2014
Nominal Hours
25
Description
This unit describes the performance outcomes, skills and knowledge required to correctly initiate and complete the legal process relating to the recovery of outstanding debt when briefing legal practitioners.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. Determine appropriateness of legal recovery
  • 1.1. History of account and previous attempts and recovery of debt is reviewed to determine status
  • 1.2. All documentation is analysed to confirm it is accurate and complete
2. Instigate legal process
  • 2.1. An appropriate jurisdiction and court for debt recovery action is determined
  • 2.2. All necessary documentation is completed accurately and in accordance with organisation policies and procedures
  • 2.3. The timeframe for progress of legal proceedings is estimated
  • 2.4. Reports from service providers are monitored and accurate records to reflect progress of legal action are maintained
3. Implement actions arising from legal process
  • 3.1. Outcomes of legal proceedings in accordance with decision and legislation are recorded
  • 3.2. Where appropriate matters are referred to authorised personnel for further action
  • 3.3. All involved stakeholders are fully informed of the outcome of legal proceedings
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.
Jurisdiction and court for debt recovery (depending on the amount of debt to be recovered) may include:
State and Territory:
County Court
District Court
Family Court
local court
Magistrates Court
Supreme Court
Tribunals
Commonwealth Court
High Court.
Debt recovery action may include:
court action:
statement of claim (summons)
statement of liquidated claim
letter of demand.
Organisation policies and procedures may cover:
gathering information and its evaluation
legal obligations and framework
maintenance of customer account files
minimising risk
referral to appropriate departments or individuals
safe storage of security documentation.
Service providers may be:
barristers
lawyers
mercantile agents
solicitors.
Outcomes of legal proceedings may include:
agreed settlement and conditions
dismissal of the claim
court order:
recovery of assets
garnishee order
bankruptcy
court examination of assets.
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:
interpret and implement organisation debt recovery policy
analyse and clarify information for debt recovery actions
accurately prepare debt recovery briefs for legal practitioners
use sound judgement to determine appropriate legal actions that can be taken.

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 organisational policy and procedures and legislative information for debt recovery.

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 business simulations or scenarios
evaluating samples of work
accessing and validating third party reports.

Guidance information for assessment
Replaced By
State Code National Code Title Type
AUQ67 FNSCRD404 Utilise the legal process to recover outstanding debt Unit of competency
State Code National Code Title Type
D723 FNS51511 Diploma of Credit Management Qualification
D705 FNS40111 Certificate IV in Credit Management Qualification