Unit of competency details

Unit descriptor 

This unit describes the performance outcomes, skills and knowledge required to organise court documents for delivery, planning a schedule of delivery, delivering documents to the appropriate courts and returning proof of document lodgement.

All aspects of legal practice may be subject to a range of legislation, rules, regulations and/or codes of practice relevant to different job roles and jurisdictions.

Application of the unit 

This unit applies to individuals who provide services to support legal practitioners, while under supervision. All aspects of legal practice may be subject to a range of legislation, rules, regulations and/or codes of practice relevant to different job roles and jurisdictions.

Prerequisite units 

Employability skills 

This unit contains employability skills.

Elements describe the essential outcomes of a unit of competency.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.

ELEMENT 

PERFORMANCE CRITERIA 

1. Organise self or other to copy and collate court/tribunal documents

1.1. Identify documents for the same courts /tribunals 

1.2. Organise self or other to copy and collate documents according to court requirements  and a firm's policies and procedures 

1.3. Attach file/matter number to copies of all relevant documents where appropriate

1.4. Appropriately file copies of all documents to be delivered 

2. Plan court/tribunal delivery schedule

2.1. Establish times of delivery to ensure court/tribunal timelines are met

2.2. Selected appropriate delivery method 

2.3. Prepare monies for court filing fee and record disbursement appropriately

3. Organise self or other to deliver documents

3.1. Transport documents securely to court/tribunal

3.2. Hand over documents and monies if necessary for court filing fees to appropriate court official 

3.3. Seek and record information regarding deficiency from court official if documents are deficient and cannot be lodged,

3.4. Collect and file proof of lodgements  and any associated documents appropriately

3.5. Appropriately resolve difficulties with lodgement  or refer to designated person  as appropriate

REQUIRED SKILLS AND KNOWLEDGE 

This section describes the skills and knowledge required for this unit.

Required skills 

• communication skills to issue and follow clear, sequenced verbal instructions; and clarify information by questioning as necessary
• literacy skills to follow legal procedures; issue and follow written instructions about routine legal procedures; and complete routine forms about legal matters according to established workplace procedures
• numeracy skills to apply knowledge of mathematical concepts in relation to court filing fees and record keeping; adhere to deadlines; and copy and collate documents
• organisational skills to plan and prioritise own and other's activities and time
• problem solving skills to plan appropriate and efficient methods of delivery with regards to deadlines
• teamwork skills to define purposes and objectives to be achieved by working with others and negotiate task distribution with other members of the group.

Required knowledge 

• scope of legal practitioner/support role and own responsibilities and obligations to provide legal advice, complete or sign off on legal work and/or appear in court as described by relevant jurisdiction(s)
• firm's policies and procedures
• accepted codes of conduct including those relating to:
• privacy and confidentiality
• use of company property
• duty of care
• ethical behaviour
• non-discriminatory practice
• conflict of interest
• compliance with reasonable direction
• overview knowledge of relevant; court processes, current legislation, legal processes and required documentation

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:

• correctly collating and lodging documentation for each court, with correct number of copies, signatures if necessary, and relevant attachments according to firm's policies and procedures and the court's requirements
• maintaining communication with designated person/s regarding actions, activities and outcomes and, where difficulties arise, contacting them if standard resolutions are not applicable
• planning court delivery schedule to accommodate agreed timelines, closing times of courts and the number of documents to be lodged
• preparing monies for court filing fees 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:

• demonstration of techniques in a workplace or simulated environment
• direct questioning combined with review of portfolios of evidence and third party workplace reports of on-the-job performance by the candidate
• observation of performance in role plays
• 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.

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.

Courts /tribunals  may include:

• Children's Court
• Coroner's court
• Courts of Petty Sessions
• District/County Court
• Equal Opportunity Tribunal
• Family Court
• Federal Court
• High Court
• Industrial Relations Court
• Magistrates Court
• Small Claims Tribunal
• State and Commonwealth Administrative Appeals Tribunals
• Supreme Court
• other courts/tribunals not included in this listing

Court requirements  may include:

• back cover sheet
• colour and weight of paper
• front cover sheet
• margins
• nature of binding
• paper size
• ribbon

A firm's policies and procedures  may include:

• contingencies
• delivering a firm's business
• emergency procedures
• information specific to the firm
• keeping files up to date
• office procedure manual
• privacy/security/confidentiality procedures
• recording information
• time recording procedures
• transferring monies
• verifying and authorising information

Documents to be delivered  may include:

• affidavits
• briefs
• exhibits
• expert reports
• notices
• pleading documents
• witness statements
• writs

Delivery method  may include:

• AUSDOC
• courier
• personal service
• post

Appropriate court official  may include:

• bailiff
• court clerk
• sheriff

Proof of lodgement  may involve:

• affidavit of services
• receipt
• signature of court official

Difficulties with lodgement  may relate to:

• failure to meet court/case deadlines
• incomplete forms and documents
• incorrect address
• insufficient monies

Designated person  may include:

• lawyer
• partner
• supervisor
• teacher/trainer

Unit sector 

Competency field 

Administration - Legal Services Administration

Co-requisite units