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.
Documents may include:
abstract of title
acknowledgement under succession laws
agency agreement
agreement for assignment of lease
agreement for sale of business
agreement for sale of shares
caveat
contracts for sale
corporate constitution
deed of conveyance
deed of guarantee
deed of mortgage
deed of variation of contract for sale
discharge of mortgage
documents creating easements, restrictive covenants, positive covenants, profits a prendre and other proprietary interests in land
loan contract
mortgage
notice of claim for compensation
notice of death (surviving joint tenant)
notice of rescission of agreement for sale of land
notice of sale
notice to complete
option contracts
power of attorney
requisitions on title
residential tenancy agreement
retail lease agreement
transfer
transfer of shares
transfer under power of sale
transmission application
variation of mortgage.
Statutory and general law principles may include the law relating to:
agency, including powers of attorney
bankruptcy and insolvency
civil liability, in particular the tort of negligence
construction of contracts and other documents
consumer protection
contracts
family relations law
finance and securities, including mortgages and guarantees
insurance
law of vendor and purchaser
leases and tenancies
legal drafting
negotiable instruments, in particular cheques
revenue law, applicable to conveyancing transactions
sale and transfer of real and personal property
succession and estates
the conveyancing process
title systems and analysis
trusts and business structures.
Principles of legal drafting may include:
plain language
consider the reader
keep needs of all readers in mind
one word only not couplets or strings of words or clusters
spelling and grammar
take professional approach
use of English not Latin or legalese
use of provisos, conditions and qualifications
use of short sentences
use of technical terms
structure of documents
definitions
different uses of deeds and agreements
formal structure of deeds and agreements
ordering contents in logical order
outline plan of contents
recitals
signalling aids - paragraphs, headings, numbering, highlighting, marginal notes
statutory documents including statutory declarations
use of schedules, appendices and annexure
aids for structuring sentences
avoiding adjectival phrases
drafting in clauses and sub-clauses
proper use of grammar and punctuation
use of brackets
clarity of language
active rather than passive voice
avoiding ambiguity, vagueness and generality
avoiding legalese
avoiding sexism and racism
concrete words v abstract words
draft in positive rather than negative where possible
present rather than future tense
proper definition or time expressions
proper use of verbs
rules of construction and interpretation of documents
operative parts
ordinary natural meaning of words, the expressed intention rather than intention of parties ascertained from exterior (the literal meaning rule)
reasonable construction to be preferred in case where ambiguous
recitals
statutory interpretation of documents
taken to encompass whole agreement
the document is to be read as a whole
the document will be construed against the party responsible for choosing its language
to express one is to exclude the other
words of the same kind will restrict the general
words to be constructed so that the object is carried out
words to be interpreted to give some effect
use of particular words causing problems
and/ or
either, or, each, all, any
less than, more than
other, otherwise
shall, may, must, will
rules and procedures for use of precedents and statutory forms
apply analytical thought to purpose of document
check for inconsistencies in style and repetitions if two or more precedents combined
consider any changes in law since precedent created
ensure special circumstances reflected and adapt to requirements of particular situation ensuring all topics covered
know meaning of all terms used
update regularly
use a checklist
terms of the contract
terms of the contract and interpretation of document
classification of terms: conditions, warranties, intermediate terms, conditions precedent, conditions subsequent
distinction between representations and term
entire agreement clauses
exclusion or limitation clauses
express terms
implied terms, in particular terms implied by conveyancing and transfer of land statutes
stipulations as to time (including 'time of the essence' clauses).
penalties, termination and forfeiture clauses
rules relating to deeds, including preliminary parts of a deed, recitals, operative parts and attestation
statutory rules regarding construction of conveyance of any property beneficially to two or more persons together.

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:
identify suitable legal document requirements based on client's needs
prepare accurate and effective documents that comply with legal requirements
identify errors, inconsistencies and omissions in legal documents.

Context of and specific resources for assessment
Assessment must ensure:
competency is demonstrated in the context of the work environment and conditions specified in the range statement either in a workplace or a closely simulated work environment
access to and use of a range of common office equipment, technology, software and consumables
suitable assessment records showing the preparation of a variety of legal documents to support a transaction.

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 which may include formal examinations
setting and reviewing workplace projects and business simulations or scenarios
evaluating samples of work
accessing and validating third party reports.

Guidance information for assessment