Unit of competency

Modification History

Application

This unit describes the skills and knowledge required to determine ethical responsibilities, apply ethical standards to the dispute resolution process and reflect on ethical practice.

This unit applies to dispute resolution practitioners managing complex family dispute resolution using a variety of facilitative processes within the family law environment.

The skills in this unit must be applied in accordance with Commonwealth and State/Territory legislation, Australian/New Zealand Standards and industry codes of practice.

Elements and Performance Criteria

Foundation Skills

The Foundation Skills describe those required skills (language, literacy, numeracy and employment skills) that are essential to performance.

Foundation skills essential to performance are explicit in the performance criteria of this unit of competency.

Unit Mapping Information

No equivalent unit

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=5e0c25cc-3d9d-4b43-80d3-bd22cc4f1e53

Assessment requirements

Modification History

Performance Evidence

The candidate must show evidence of the ability to complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the job role. There must be evidence that the candidate has:

• performed the activities outlined in the performance criteria of this unit according to legal requirements and ethical standards during a period of 50 hours of dispute resolution work with clients under the supervision of an accredited Family Dispute Resolution Practitioners in a dispute resolution service
• developed responses to at least 5 different complex ethical dilemmas in family dispute resolution practice.

Knowledge Evidence

The candidate must be able to demonstrate essential knowledge required to effectively complete tasks outlined in elements and performance criteria of this unit, manage tasks and manage contingencies in the context of the work role. This includes knowledge of:

• Family Law (Family Dispute Resolution Practitioners) Regulations 2008 and other ethical matters related to:

• bias what constitutes bias and perceived bias, and how to respond, including:

• relationships of a personal nature with one or more participants to the dispute
• prior knowledge of or involvement with the client on a professional level which would be seen to be a conflict of interest
• real and/or perceived conflicts
• religious or cultural issues that compromise impartiality of practitioner
• personal values that prevent impartiality of the practitioner
• practitioner seeking to make inappropriate personal gain monetary or otherwise from the vulnerability of the client and/or their information.
• practitioners refraining from becoming involved in relationships with parties
• client’s inappropriate attempt to exchange information

• children in the workplace and child-focussed practice
• collaborative practice – when and how to work with co-facilitators and other professionals and the ethical issues to consider
• codes of conduct
• conflict of interest, including:

• what constitutes conflict of interest and perceived conflict of interest
• when and how conflict of interest may be waived

• discrimination
• duty of care
• human rights
• informed consent
• mandatory reporting
• misuse of the dispute resolution process, how this occurs, and how to respond
• practitioner/client boundaries
• privacy, confidentiality and disclosure, including:

• requirements for what must be discussed and explained to participants (expectations, obligations and limitations)
• what must be included in written agreements to enter the dispute resolution process
• handling of legal documents and information
• consents required for sharing of information, disclosures of agreements
• storage and disposal of records

• policy frameworks
• records management
• referral frameworks and obligations
• rights and responsibilities of workers, employers and clients
• termination of FDR obligations and where such action is appropriate
• work role boundaries – responsibilities and limitations
• work health and safety

• community, educational or other resources for referral or use within the dispute resolution process
• self knowledge, including personal and cultural attitudes toward family conflict and the impact of self on the parties and process

Assessment Conditions

Skills must have been demonstrated in the workplace with the addition of simulations and scenarios where the full range of contexts and situations have not been provided in the workplace. The following conditions must be met for this unit:

• use of suitable facilities, equipment and resources, including:

• client and dispute information
• current family dispute resolution regulations
• organisation policies and procedures

• modelling of industry operating conditions, including:

• scenarios that involve complex interactions with families

• supervision of client work by an accredited Family Dispute Resolution Practitioner (FDRP).

Assessors must satisfy the Standards for Registered Training Organisations (RTOs) 2015/AQTF mandatory competency requirements for assessors.

In addition, assessors must:

• be an accredited Family Dispute Resolution Practitioner (FDRP).

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=5e0c25cc-3d9d-4b43-80d3-bd22cc4f1e53