Assessor Resource

BSBLEG403B
Maintain trust accounts

Assessment tool

Version 1.0
Issue Date: May 2024


This unit applies to individuals who apply a broad knowledge of administration tasks in providing support in a legal context. Its application in the workplace will be determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.

This unit describes the performance outcomes, skills and knowledge required to maintain trust monies related to specific files, under instruction of a legal practitioner.

A range of legislation, rules, regulations and codes of practice may apply to this unit at the time of endorsement, depending on job roles and jurisdictions.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Employability Skills

This unit contains employability skills.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

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:

comply with organisation's trust accounting procedures, and legislative and regulatory requirements

demonstrate honesty, integrity and accuracy in calculations and reconciliations

prepare accurate and compliant documentation

apply knowledge of codes of practice

resolve or appropriately refer discrepancies and irregularities.

Context of and specific resources for assessment

Assessment must ensure access to:

an actual workplace or simulated environment

workplace manuals and reference materials, such as company policies, procedural manuals and checklists

list of relevant sources of documentation and sample forms

background information on courts, their jurisdiction and behavioural requirements

appropriate technology, such as computers with relevant software

appropriate texts and people with expert knowledge, such as legal practitioners

appropriate legislation and regulations relevant to common legal matters.

Method of assessment

The following assessment methods are appropriate for this unit:

analysis of responses to case studies and scenarios

direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate

review of completed requisition form

review of records of file-related disbursements and costs

evaluation of reconciled trust account monies

oral or written questioning to assess knowledge of trust accounting principles and practices, within the limits of own responsibilities.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

communication skills to:

follow and interpret instructions

provide clear and specific instructions about information required

literacy skills to:

follow complex legal procedures

proofread documents to ensure accuracy and consistency of information

numeracy skills to performbanking transaction calculations and reconciliations

problem-solving skills to resolve discrepancies with accounts

organisational skills to select and apply the procedures and strategies needed to perform a range of tasks within designated timelines

Required knowledge

scope of own job role

legal terminology in relation to trust accounting

relevant Australian Taxation Office regulations, current legislation governing trust accounts, and legal processes

required documentation for trust account transactions and security, confidentiality and privacy requirements

statutory charges, taxes and other fees applicable to institutions

accepted codes of practice relevant to the workplace, 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

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.

Relevant sources of information may include:

bank statements

cheques

credit notes

delivery dockets

deposit books

information from open file

invoices and receipts

monies received into the trust account

petty cash book

petty cash vouchers

purchase requisitions and orders

transactions on the trust account.

Disbursements may include:

cost of duty stamps

court costs

filing fees

photocopying

postage

telephone charges.

Organisation's policies and procedures may include:

accessing accounting system

bank procedures and policies

following up discrepancies and irregularities

handling monies

information sources

keeping records of disbursements

legal bookkeeping

liaising with financial institutions

notifying client when further funds are required

recording information

reporting to state law society/institute as required by law

security, confidentiality and privacy procedures

specific arrangements with banks as they apply to trust accounts

verifying and authorising information.

c

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Check relevant sources for information regarding disbursements and costs 
Calculate and reconcile estimated disbursements and costs with available trust funds 
Notify instructing legal practitioner where there are inadequate available funds 
Notify client that further funds are required, where necessary, according to organisation's policies and procedures 
Complete appropriate requisition form 
Gain authorisation from instructing legal practitioner according to organisation's policies and procedures 
Inspect cheques for accuracy and correct account source 
Organise instructing legal practitioner to verify and sign cheques 
Keep accurate records of all file-related disbursements and costs 
Collate relevant information and documentation from file 
Reconcile monies remaining in trust account 
Promptly investigate discrepancies or irregularities and take appropriate follow-up action 

Forms

Assessment Cover Sheet

BSBLEG403B - Maintain trust accounts
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

BSBLEG403B - Maintain trust accounts

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: