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.
Timelines may be contingent upon:
case issues
changes in legislation
client needs
court deadlines
legal practitioner's workload
significant dates such as new year, end of financial year.
The information source may be:
external agency
on-line, including:
at agency
land data
law point
on-line services
another law firm.
Information sources may include:
Australian Securities Commission information
Business Licence Centre
Commonwealth and State Freedom of Information Acts
Consumer Affairs records
credit files (in accordance with Privacy Act)
databases
electoral rolls
motor vehicle registrations
public telephone directories
rates searches
State and Supreme Courts libraries
Titles Office/council records
other sources not included in this listing.
The search request may vary according to:
the information required before the search can be carried out
the search location
whether information can be requested by email or fax or on-line
whether specific form is required.
Search location may include:
Australian Securities Commission
Court/Institutional library
Local/Regional/State/Federal government departments
Statutory bodies
Titles Office.
Record of lodgement may include:
copy of request
email confirmation
number
receipt
stamped copy of request.
Designated person may include:
external client
external official
lawyer
legal practice manager
partner
supervisor
work colleague.
Difficulties in meeting timelines may relate to:
alterations to instructions
available resources
backlog at supplier's end
client needs
liaising with others
technical difficulties.
A firm's policies and procedures may include:
charging of search expenses
contingencies in terms of inadequate monies, unavailable information
handling monies
information sources
office procedure manual
recording information
security/confidentiality/ privacy procedures.
Legislative requirements may relate to:
Legal Practice Act, The Judiciary Act
relevant State/Territory/Commonwealth legislation
the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)
schedule of fees and duties payable
accessing information under the Freedom of Information Act
other Commonwealth, state/territory and/or local legislations, rules, regulations and/or codes of practice not included in this listing.

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 following is essential:
accurately searching and appropriately accessing a variety of information sources to meet identified needs
giving clear and sufficient instruction to others and providing adequate explanation where necessary
maintaining detailed file notes at each step of the search process, including a record of lodgement
proactively consulting the legal practitioner or supervisor where difficulties can not be resolved through standard procedures
preparing monies to pay for searches if necessary and maintaining records of all activities, actions, outcomes, time and costs in accordance with firm's policies and procedures.
Context of and specific resources for assessment
Assessment must ensure:
wherever possible the context is a real or simulated workplace
access to workplace manuals and reference materials such as company policy, procedural manuals and checklists
access to list of relevant sources of documentation and sample forms
access to background information on courts, their jurisdiction and behavioural requirements
access to appropriate technology such as computers with relevant software
access to appropriate texts and access to person's with expert knowledge such as legal practitioners
access to appropriate legislation and regulations relevant to common legal matters, such as that accessible via:
http://www.law.gov.au
http://www.ag.gov.au
http://www.austlii.edu.au/
http://www.australia.gov.au/states-territories
http://www.act.gov.au
http://www.nsw.gov.au
http://www.nt.gov.au
http://www.qld.gov.au
http://www.sa.gov.au
http://www.tas.gov.au
http://www.vic.gov.au
http://www.wa.gov.au
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:
analysis of responses to case studies and scenarios
assessment of written reports 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
questioning (oral or written)
review of authenticated documents from the workplace or training environment
review of testimony from team members, colleagues, supervisors or managers
tests of knowledge on relevant legislation, rules, regulations, codes of practice and research resources.
Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:
BSBLEG301A Apply knowledge of the legal system to complete tasks
other legal services administration or general administration units.