Unit of competency Outline
Date retreived
22/07/2026 7:57 AM AWST
22/07/2026 7:57 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.
Identify and apply the legal framework
Identify and apply the legal framework
Unit of competency
National Code
BSBLEG413A
BSBLEG413A
State Code
WB901
WB901
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
31/07/2014
Field of Education
091103 - Legal Studies
Original Release Date
31/07/2014
Nominal Hours
50
Description
This unit describes the performance outcomes, skills and knowledge required to research legal systems and jurisdictions within Australia.A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.
Notes
Elements and Performance Criteria
1. Identify sources of law
- 1.1. Identify the main institutions of government in Australia
- 1.2. Research sources of Australian law
- 1.3. Assess rules for resolving conflicts of laws
2. Identify and analyse relationships between the Australian federal government and the states and territories
- 2.1. Identify legislative powers of the Australian federal government and limits on that power
- 2.2. Analyse the legislative powers of the states and territories
- 2.3. Evaluate the relationship between the legislative powers of the Australian federal government and the states and territories
3. Differentiate between civil and criminal proceedings
- 3.1. Identify and examine the differences in law and procedures between civil and criminal proceedings
- 3.2. Analyse the findings and determine which court would hear particular cases
4. Examine elements of the adversary system of trial
- 4.1. Identify main features of the adversary system of trial
- 4.2. Evaluate these features and determine how they apply in the context of the legal environment
5. Examine elements of precedent
- 5.1. Identify the main features of the principles of precedent
- 5.2. Analyse how precedent is applied in the context of a legal environment
- 5.3. Examine and document the outcomes of precedent
6. Examine legislation
- 6.1. Examine principles for reading and interpreting legislation
- 6.2. Apply principles for reading and interpreting legislation in the context of a legal environment
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.
Main institutions may include:
commonwealth, state and territory constitutions
courts
federal system of government
governments
parliaments.
Sources may include:
British law
colonial laws
common law
customary law
equity statutes
native title.
Legislative powers may include:
concurrent powers
exclusive powers
specific powers.
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.
Main institutions may include:
commonwealth, state and territory constitutions
courts
federal system of government
governments
parliaments.
Sources may include:
British law
colonial laws
common law
customary law
equity statutes
native title.
Legislative powers may include:
concurrent powers
exclusive powers
specific powers.
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:
explain the differences between Australian law making institutions
identify appropriate institutions to hear civil versus criminal proceedings
demonstrate how the adversarial system of trial operates
demonstrate the application and outcomes of the principles of precedent
read and interpret legislation.
Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
appropriate legislation and regulations relevant to common legal matters
relevant sources of documentation
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate resources and people with expert knowledge.
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:
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 about Australian legal institutions
review of analysis of the legislative powers of the states and territories
oral or written questioning to assess knowledge of the similarities and differences between Australian legal institutions, proceeding types and adversarial trial procedures
case studies on principles of precedent
case studies on reading and interpreting legislation.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.
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:
explain the differences between Australian law making institutions
identify appropriate institutions to hear civil versus criminal proceedings
demonstrate how the adversarial system of trial operates
demonstrate the application and outcomes of the principles of precedent
read and interpret legislation.
Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
appropriate legislation and regulations relevant to common legal matters
relevant sources of documentation
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate resources and people with expert knowledge.
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:
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 about Australian legal institutions
review of analysis of the legislative powers of the states and territories
oral or written questioning to assess knowledge of the similarities and differences between Australian legal institutions, proceeding types and adversarial trial procedures
case studies on principles of precedent
case studies on reading and interpreting legislation.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.
Replaces
| State Code | National Code | Title | Type |
|---|---|---|---|
| D0973 | BSBRES403A | Research legal processes | Unit of competency |
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| AUJ43 | BSBLEG413 | Identify and apply the legal framework | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| D726 | FNS60311 | Advanced Diploma of Conveyancing | Qualification |
| W899 | BSB40110 | Certificate IV in Legal Services | Qualification |