Unit of competency Outline

Date retreived
22/07/2026 3:18 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.

Represent the organisation in a court or tribunal

Represent the organisation in a court or tribunal

Unit of competency
National Code
CHCAD506A
State Code
D2213
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
25/03/2011
State Implementation and Classification
Approved Date
17/07/2014
Field of Education
091103 - Legal Studies
Original Release Date
17/07/2014
Nominal Hours
15
Description
DescriptorThis unit describes the knowledge and skills required by the worker to undertake work as an advocate of a service in a court or tribunal
Notes
Elements and Performance Criteria
1. Undertake adequate preparation to represent the organisation in court or tribunal
  • 1.1 Demonstrate correct knowledge of the different types of court or tribunal and relevant procedures and etiquette
  • 1.2 Follow appropriate court or tribunal preparation procedures and format in line with organisation requirements
  • 1.3 Ensure negotiations with the client occur prior to court or tribunal appearance
  • 1.4 Ensure liaison with, and appropriate briefing of, solicitor occurs prior to court or tribunal appearance where appropriate
  • 1.5 Where appropriate, ensure appropriate briefing is provided by legal team of the organisation
  • 1.6 Access and organise appropriate files and relevant paper work prior to court or tribunal appearance
  • 1.7 Check appropriate files and relevant paper work and update for accuracy prior to court or tribunal appearance
  • 1.8 Deliver relevant and appropriate legal notice/s with adequate time allowed prior to court or tribunal appearance
2. Follow appropriate processes and organisation policies for successful representation of the organisation in court or tribunal
  • 2.1 Observe appropriate dress and grooming codes
  • 2.2 Demonstrate knowledge of and observe appropriate court or tribunal etiquette
  • 2.3 Allocate adequate time for court or tribunal appearance
  • 2.4 Undertake additional briefing with solicitor if necessary and appropriate
  • 2.5 Maintain personal composure and professional attitude
  • 2.6 Ensure relevant paperwork, files and documentation are up to date, errors corrected and well organised
  • 2.7 Answer questions and present facts clearly, concisely, confidently and accurately
  • 2.8 Maintain effective negotiations and briefing with the client and the solicitor throughout the court or tribunal process, if appropriate
3. Carry out appropriate procedures for reporting, debriefing and follow up actions from court appearance or tribunal hearing
  • 3.1 Prepare accurate records, reporting and file updates, as required and resulting from the court appearance or tribunal hearing
  • 3.2 Undertake appropriate debriefing with colleagues, supervisor and solicitor
  • 3.3 Follow procedures for ensuring follow up action/s arising from court or tribunal appearance
  • 3.4 Establish a process for monitoring the action following the court or tribunal appearance
4. Determine whether the organisation can lodge an application for a hearing
  • 4.1 Understand and act upon circumstances under which the organisation can lodge an application for a hearing
  • 4.2 Assess each case to determine if an application can be lodged
5. Follow procedures and protocol of the hearing
  • 5.1 Understand and follow processes, procedures and protocols required in order to lodge an application
  • 5.2 Prepare recommendation to proceed to a hearing
  • 5.3 Complete necessary administrative duties and lodge an application
  • 5.4 Notify appropriate persons/organisations of any intention to withdraw/adjourn/relist case
  • 5.5 Carry out procedures within time limits, if applicable
  • 5.6 Prepare submission seeking to evict
  • 5.7 Lodge application for Warrant of Possession with Sheriff; arrange officer's attendance at eviction and organise removalist van if necessary
  • 5.8 Understand and follow eviction proceedings
  • 5.9 Follow appropriate steps after a legal order has been given
6. Prepare case for presentation at hearing
  • 6.1 Prepare relevant documentation and make it available for presentation of case
  • 6.2 Prepare action sheet
7. Use the procedure for resolving specific issues
  • 7.1 Investigate and document nuisance and annoyance claims
  • 7.2 Negotiate with client to attempt a resolution, prior to a hearing
  • 7.3 Ensure all required reports are completed accurately after a hearing and record follow up action/s
  • 7.4 Make appropriate referrals to agencies
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. Add any 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.


Court or tribunal may include:
Local, District and Supreme Court
Tenancy tribunals


Court requirements may include current details such as:
Accounts, occupancy, property maintenance, cleaning undertaken, fraud details related to tenancy


Relevant paper work may include:
Preparation of set questions
Briefs of evidence
Court reports
Affidavit
Police statements
Relevant organisation files


Reports completed after a hearing may include:
File notes


Follow up action/s and procedures from court or tribunal appearance may include:
Organisation requirements and regulations
Changing status of account
Monitoring a bench order
Follow up costs/follow up debt recovery
Payment of application fees from advance account will be arranged and voucher prepared
Relevant agencies are advised and coordinated as required


Relevant legislation may include, where it exists:
Residential tenancies act or equivalent
Access and equity legislation
Anti-discrimination legislation
Consumer affairs legislation


Information about legislation will include:
Copies of actual legislation documentation
Information brochures
Analysis/discussion material prepared by relevant community organisations, advocacy groups, policy groups, peak bodies or academics
Internally generated documents
EVIDENCE GUIDE

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:
The individual being assessed must provide evidence of specified essential knowledge as well as skills
This unit is to be assessed in the workplace
Consistency in performance should consider requirements of the workplace for effective representation of the organisation in court or tribunal


Access and equity considerations:
All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work
All workers should develop their ability to work in a culturally diverse environment
In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people
Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities


Context of and specific resources for assessment:
This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged
Resources required for assessment include access to appropriate workplace where assessment can take place


Method of assessment:
In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios
Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on Essential knowledge and skills and consideration of required attitudes
Where performance is not directly observed and/or is required to be demonstrated over a 'period of time' and/or in a 'number of locations', any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons
Replaces
State Code National Code Title Type
S2964 CHCAD6A Represent the organisation in court Unit of competency
Replaced By
State Code National Code Title Type
AVC93 CHCADV004 Represent organisation in court or tribunal Unit of competency
State Code National Code Title Type
J038 CHC50812 Diploma of Social Housing Qualification
J016 CHC40912 Certificate IV in Social Housing Qualification