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Elements and Performance Criteria

  1. Check that trust funds are adequate
  2. Draw cheques against trust account
  3. Prepare documentation upon completion of legal matter

Required Skills

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

problemsolving 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

nondiscriminatory practice

conflict of interest

compliance with reasonable direction

Evidence Required

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 organisations 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 thirdparty workplace reports of onthejob performance by the candidate

review of completed requisition form

review of records of filerelated 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


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.

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.

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