Assessor Resource

FNSCRD404A
Utilise the legal process to recover outstanding debt

Assessment tool

Version 1.0
Issue Date: May 2024


This unit may be adapted to meet a range of debt recovery and debt management job roles.

This unit describes the performance outcomes, skills and knowledge required to correctly initiate and complete the legal process relating to the recovery of outstanding debt when briefing legal practitioners.

This unit may apply to job roles subject to licensing, legislative, regulatory or certification requirements so Commonwealth, State or Territory requirements should be confirmed with the relevant body.

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:

interpret and implement organisation debt recovery policy

analyse and clarify information for debt recovery actions

accurately prepare debt recovery briefs for legal practitioners

use sound judgement to determine appropriate legal actions that can be taken.

Context of and specific resources for assessment

Assessment must ensure:

competency is demonstrated in the context of the financial services work environment and conditions specified in the range statement either in a relevant workplace or a closely simulated work environment

access to and the use of a range of common office equipment, technology, software and consumables

access to organisational policy and procedures and legislative information for debt recovery.

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

setting and reviewing business simulations or scenarios

evaluating samples of work

accessing and validating third party reports.

Guidance information for assessment

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:

determine and confirm outstanding debt situation, using questioning and active listening as required

liaise with others, share information, listen and understand

use language and concepts appropriate to cultural differences, comprehension, age, possible disability and language level of the customer

numeracy and IT skills to:

perform debt related calculations

access and update account records electronically

access web based information services

well-developed literacy skills to:

draft documentation for service providers

read and interpret documentation from a variety of sources

complete complex records

research and analysis skills or:

risk assessment

accessing, interpreting and managing information

ensuring compliance with relevant legislation

judgement skills for making debt recovery decisions

organisational skills, including the ability to plan and sequence work

Required knowledge

all current developments in the credit management sector and all relevant organisation policy

current full range of legal options for debt recovery

current credit industry development

relevant legislative requirements

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.

Jurisdiction and court for debt recovery (depending on the amount of debt to be recovered) may include:

State and Territory:

County Court

District Court

Family Court

local court

Magistrates Court

Supreme Court

Tribunals

Commonwealth Court

High Court.

Debt recovery action may include:

court action:

statement of claim (summons)

statement of liquidated claim

letter of demand.

Organisation policies and procedures may cover:

gathering information and its evaluation

legal obligations and framework

maintenance of customer account files

minimising risk

referral to appropriate departments or individuals

safe storage of security documentation.

Service providers may be:

barristers

lawyers

mercantile agents

solicitors.

Outcomes of legal proceedings may include:

agreed settlement and conditions

dismissal of the claim

court order:

recovery of assets

garnishee order

bankruptcy

court examination of assets.

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
History of account and previous attempts and recovery of debt is reviewed to determine status 
All documentation is analysed to confirm it is accurate and complete 
An appropriate jurisdiction and court for debt recovery action is determined 
All necessary documentation is completed accurately and in accordance with organisation policies and procedures 
The timeframe for progress of legal proceedings is estimated 
Reports from service providers are monitored and accurate records to reflect progress of legal action are maintained 
Outcomes of legal proceedings in accordance with decision and legislation are recorded 
Where appropriate matters are referred to authorised personnel for further action 
All involved stakeholders are fully informed of the outcome of legal proceedings 

Forms

Assessment Cover Sheet

FNSCRD404A - Utilise the legal process to recover outstanding debt
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

FNSCRD404A - Utilise the legal process to recover outstanding debt

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: