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Unit of competency details

BSBLEG413 - Identify and apply the legal framework (Release 1)

Summary

Usage recommendation:
Superseded
Mapping:
MappingNotesDate
Supersedes and is equivalent to BSBLEG413A - Identify and apply the legal frameworkUpdated to meet Standards for Training Packages 24/Mar/2015
Is superseded by and equivalent to BSBLEG421 - Apply understanding of the Australian legal system 18/Oct/2020

Releases:
ReleaseRelease date
1 1 (this release) 25/Mar/2015


Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  30/Jul/2015 
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Unit of competency

Modification History

Release 

Comments 

Release 1

This version first released with BSB Business Services Training Package Version 1.0.

Application

This unit describes the skills and knowledge required to research legal systems and jurisdictions within Australia.

It applies to individuals who use well-developed research skills to analyse and evaluate information from a variety of sources to provide support in a range of legal service settings.

No licensing, legislative or certification requirements apply to this unit at the time of publication.

Unit Sector

Administration – Legal Services Administration

Elements and Performance Criteria

ELEMENT 

PERFORMANCE CRITERIA 

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Identify sources of law

1.1 Identify main institutions of government in Australia

1.2 Research sources of Australian law

1.3 Assess rules for resolving conflicts of laws

2. Identify and analyse relationships between the Federal and the states and territories governments

2.1 Identify legislative powers of Australian Federal Government and limits of that power

2.2 Analyse legislative powers of states and territories

2.3 Evaluate relationship between legislative powers of the Federal Government and state and territory governments

3. Differentiate between civil and criminal proceedings

3.1 Identify and examine differences in law and procedures between civil and criminal proceedings

3.2 Analyse findings and determine which court would hear particular cases

4. Examine elements of adversary trial system

4.1 Identify main features of adversary system of trial

4.2 Evaluate these features and determine how they apply in the legal environment

5. Examine elements of precedent

5.1 Identify main features of principles of precedent

5.2 Analyse how precedent is applied in the legal environment

5.3 Examine and document outcomes of precedent

6. Examine legislation

6.1 Examine principles for reading and interpreting legislation

6.2 Apply principles for reading and interpreting legislation in the legal environment

Foundation Skills

This section describes language, literacy, numeracy and employment skills incorporated in the performance criteria that are required for competent performance.

Skill 

Performance Criteria 

Description 

Reading

1.1, 1.2, 2.1-2.3, 3.1, 3.2, 4.1, 4.2, 5.1-5.3, 6.1, 6.2

  • Identifies, analyses and evaluates complex text to obtain information about federal, state and territory government systems and determine specific requirements within the legal environment

Writing

1.3, 2.2, 2.3, 3.2, 4.2, 5.2, 5.3

  • Records results of investigations using clear and comprehensible language and grammar to convey detailed information and capture different perspectives

Navigate the world of work

1.2, 2.1-2.3, 3.1, 4.1, 4.2, 5.1-5.3, 6.1, 6.2

  • Ensures knowledge of legislation, regulations, jurisdictions and procedures relevant to role is accurate, comprehensive and current

Get the work done

1.1, 2.1-2.3, 3.1, 3.2, 4.1, 4.2, 5.1-5.3, 6.1, 6.2

  • Organises, plans and sequences tasks required to achieve required outcomes
  • Uses systematic, analytical processes in non-routine situations, gathering relevant information and identifying and evaluating options

Unit Mapping Information

Code and title 

current version 

Code and title 

previous version 

Comments 

Equivalence status 

BSBLEG413 Identify and apply the legal framework

BSBLEG413A Identify and apply the legal framework

Updated to meet Standards for Training Packages

Equivalent unit

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=11ef6853-ceed-4ba7-9d87-4da407e23c10

 

Assessment requirements

Modification History

Release 

Comments 

Release 1

This version first released with BSB Business Services Training Package Version 1.0.

Performance Evidence

Evidence of the ability to:

  • explain differences between Australian law making institutions
  • identify appropriate institutions to hear civil versus criminal proceedings
  • explain how adversarial system of trial operates
  • explain application and outcomes of principles of precedent
  • read and interpret legislation.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

Knowledge Evidence

To complete the unit requirements safely and effectively, the individual must:

  • list institutions and main features of the Australian legal system
  • identify legal terminology in relation to areas of practice of law and relevant legal processes
  • outline methods used to identify appropriate information about sources of Australian law
  • list scope of responsibilities in context of legal framework.

Assessment Conditions

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the legal services administration field of work and include access to:

  • office equipment and resources
  • legislation and regulations relevant to common legal matters
  • people with expert knowledge.

Assessors must satisfy NVR/AQTF assessor requirements.

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=11ef6853-ceed-4ba7-9d87-4da407e23c10