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Elements and Performance Criteria
Required Skills
Evidence Required
Range Statement
Nature of call may include: | • legal inquiry• non-legal inquiry• complaint• seeking referral• seeking information• someone seeking disclosable information |
Method of contact may include: | • in writing• in person• verbal• via third party• email |
Interaction with enquirer may be affected by factors such as: | • emotional state• state of mental/physical health• non-English speaking• communication issues for eg. hearing impaired- speech impediment |
Appropriate questioning techniques may include: | • sensitivity to enquirer’s emotional/physical state and cultural background• accommodating any communication difficulties• clarification of request or problem by summarizing and repeating back summaries to ensure that information gathered is reflective of the information that the enquirer wishes to communicate |
Appropriate advice may include basic information about: | • community legal centre• Attorney General’s department• Law society/institute• areas of law/practice firm handles• correct contact in firm• firm’s charges/schedule of fees |
Options available to enquirer may be limited by: | • financial situation• age• geographic location• physical/mental ability• nature of enquiry being outside scope of firm’s expertise |
Follow up action may include: | • not pursuing the matter• contacting Legal Aid on behalf of enquirer and/or designated person• referring enquirer to supervisor or appropriate authority within the firm• telephoning the enquirer after researching the appropriate information• referring the enquirer to the appropriate government department• referral to another law firm• referral to a community legal centre |
A firm’s policies and procedures may include: | • information sources• information specific to the firm• providing disclaimers• telephone protocol• protocol for handling enquiries which may bring no financial return• security/confidentiality/privacy procedures• handling contingencies• interviewing process• verifying and authorising information• recording information• protocol for accommodating special client needs, eg. case manager, social worker, parole officer, translator, interpreter• emergency procedures |
Legislative requirements may relate to: | • relevant State/Territory/Commonwealth legislation• the client and a firm (eg. Consumer Credit Code, Privacy Act, secrecy laws, Codes of Practice)• the area of law• the provision of legal advice by a person who is not a qualified legal practitioner as defined by the Legal Practice Act, The Judiciary Act |
The area of law may include*: | • commercial law• corporate law• criminal law• family law• industrial relations/employment law• property law• tax law• litigation• wills and probate* These are nine common areas of law. The area of law is not restricted to this list; other areas of law may be applicable. |
Suggested action/resolution may involve: | • informing caller of resolution• promptly contacting enquirer where appropriate• relaying information verbally and, if directed by legal practitioner, forwarding information to enquirer in writing• documenting and filing communication according to a firm’s procedures• notifying relevant department of enquiry• recording contact on database |