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.
Legislation, regulations and policies may include:
court rules
court's inherent power to control procedure
judicial interpretation of rules
organisation's policies and procedures
policies and procedures of relevant courts and tribunals
regulations of federal, state and territory courts.
Court personnel may include:
associate
judge
magistrate
master
prothonotary
registrar.
Options to litigation may include:
mediation
conciliation
arbitration
negotiation
other practices for alternative dispute resolution.
Steps prior to litigation may include:
choice of court
choice of mode and place of trial
issue of a writ
letters before action
means for serving an originating process
nature of a cause of action
types of originating process.
Relevant documentation may include:
counterclaims
defence
fact sheets
letters before action
notes from interviews
pleadings subsequent to reply
statements of claim
writs.
Designated person may include:
barrister
legal practice manager
qualified legal practitioner
supervisor.
Organisation's policies and procedures may include:
code of conduct
discovery procedures
individual procedures adopted by instructing legal practitioner
information sources
liaising with opposing party
office procedural manual
protocol for accommodating specific client needs, e.g. case manager or social worker
protocol for contacting clients, e.g. translator or interpreter
recording information
time-recording procedures
using checklists.
Purpose of discovery may include:
legal obligations involved in discovery
philosophy of discovery
purpose of first and second schedule
which documents can be included in a court hearing
why documents can be reserved for client-solicitor legal privilege.
Legal obligations may include:
explaining process to client
listing and making available
listing documents inspected but no longer in an organisation's possession (second schedule)
listing documents involved in pleading.
Administrative tasks may include:
collating discoverable documents
organising table of contents
contacting client and others for information or relevant documents
reviewing and amending list
contacting opposing party
making appointments
inspecting opposing party's discoverable documents.

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:
apply knowledge of civil procedure to relevant legal matters
apply knowledge of alternative dispute resolution, purpose of discovery, discovery process and associated legal obligations in a manner that conforms to workplace expectations
prepare accurate, compliant and complete document lists according to standard legislative procedures and organisation's policies and procedures.

Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
appropriate legislation and regulations relevant to civil procedure
workplace manuals and reference materials, such as company policies, procedural manuals, checklists, sources of documentation and sample forms
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate texts and people with expert knowledge, such as legal practitioners
appropriate legislation and regulations relevant to common legal matters.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge.The following examples are appropriate for this units:
analysis of responses to case studies and scenarios
observation of role plays
direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
review of collated discoverable documents
review of prepared lists of documents involved in the matter
oral or written questioning to assess knowledge of alternative dispute resolution, relevant court processes, current legislation, legal processes and required documentation.

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.