Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

BSBCNV611 Mapping and Delivery Guide
Interpret a legal document and provide advice in a conveyancing transaction

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency BSBCNV611 - Interpret a legal document and provide advice in a conveyancing transaction
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills and knowledge required to read and interpret legal documents and provide advice to conveyancing clients within a range of contexts and environments. It includes defining the nature and function of documents in a transaction and advising the client about their rights, obligations and alternative courses of action, where required.The unit applies to individuals who apply specialised knowledge and exercise attention to detail when interpreting, analysing and providing advice to others on complex legal documentation for a conveyancing transaction. Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. Refer to the BSB Companion Volume Implementation Guide or the relevant regulator for specific guidance on requirements.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Skills in this unit must be demonstrated in a workplace or simulated environment where the conditions are typical of those in a working environment in this industry.

This includes access to:

assessment records showing the preparation of a variety of legal documents to support a conveyancing transaction.

Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.

Prerequisites/co-requisites
Competency Field
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities
Slides
PPT
Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Assess relevant legal principles
  • Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction
  • Identify and document rules governing construction and interpretation of contracts and other legal documents
  • Identify and document rules for use of precedents, standard form contracts, and statutory forms
  • Conduct legal research, as required
       
Element: Identify interests of client
  • Identify legal interests of the client in relation to subject matter of legal document
  • Identify terms essential to protect client’s interests
  • Identify non-legal interests and other needs of the client in relation to the subject matter of the document
  • Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant
  • Check annexures to the document are accurate and relevant
  • Check legal document or an annexure for compliance if it is required to comply with a procedural or formal requirement
  • Check legal document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form
  • Identify information to be obtained from or provided to third parties or other professionals in relation to legal document
  • Examine legal document and interpret and analyse relevant legal principles and key terms
  • Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in legal document
  • Identify conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language
  • Identify any non-compliance with legal requirements within legal document
  • Assess legal and non-legal issues and risks to the client arising from legal document
  • Interpret extent to which legal document does or does not protect interests of client
  • Interpret key terms or points for negotiation or referral with third parties or other professionals
  • Summarise and communicate rights, responsibilities and liabilities of all parties to client, including specific rights of client
  • Summarise and communicate legal and non-legal issues and risks arising from legal document to client
  • Determine and discuss alternative courses of action with client where it is considered legal document does not adequately protect interests of client, or meet client’s other requirements
  • Summarise and clearly communicate legal and non-legal consequences for each alternative to the client
  • Assist client in selecting a course of action
  • Refer client to other professionals for advice on appropriate course of action, where required
       
Element: Attend to signing legal document
  • Identify statutory and other rules governing signing and witnessing of legal documents
  • Apply relevant rules governing signing and witnessing of documents in the execution of legal document by client
  • Prepare file note recording the substance and details of the advice given to client and instructions received
  • Despatch correspondence to client confirming advice given in relation to legal document and instructions received
  • Provide concise instructions on signing and witnessing legal document, where required
       


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 candidate must demonstrate the ability to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including evidence of the ability to:

review and interpret legal documents correctly and explain meanings and implications to clients on at least three occasions.

In the course of the above, the candidate must:

compare legal requirements with client instructions

prepare written or verbal advice for clients

maintain accurate and thorough records.

The candidate must be able to demonstrate knowledge to complete the tasks outlined in the elements, performance criteria and foundation skills of this unit, including knowledge of:

principles of law applicable to reading and interpreting legal documents and transactions

nature of relevant legal documents

key features of:

transactions for personal, business or real estate conveyancing

contracts for the sale or lease of land and other documents used in conveyancing

current legislative, regulatory and industry practices, procedures and services

insurance requirements relevant to a conveyancing transaction, including title insurance

policies, procedures and business requirements of the practice

relevant consumer protection compliance requirements

rules and procedures related to:

precedents, templates and statutory forms

construction and interpretation of documents.


Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, 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.
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
Identify and document statutory and common law principles governing legal document and its function in conveyancing transaction 
Identify and document rules governing construction and interpretation of contracts and other legal documents 
Identify and document rules for use of precedents, standard form contracts, and statutory forms 
Conduct legal research, as required 
Identify legal interests of the client in relation to subject matter of legal document 
Identify terms essential to protect client’s interests 
Identify non-legal interests and other needs of the client in relation to the subject matter of the document 
Check parties, property, Certificate of Title/s, information and factual details are accurate and relevant 
Check annexures to the document are accurate and relevant 
Check legal document or an annexure for compliance if it is required to comply with a procedural or formal requirement 
Check legal document or annexure for compliance with statutory and practice requirements if it comprises a statutory or prescribed form 
Identify information to be obtained from or provided to third parties or other professionals in relation to legal document 
Examine legal document and interpret and analyse relevant legal principles and key terms 
Identify and assess rights, responsibilities and liabilities of all parties, expressed or implied in legal document 
Identify conformity with client’s initial instructions and any gaps, lack of certainty or ambiguity in the language 
Identify any non-compliance with legal requirements within legal document 
Assess legal and non-legal issues and risks to the client arising from legal document 
Interpret extent to which legal document does or does not protect interests of client 
Interpret key terms or points for negotiation or referral with third parties or other professionals 
Summarise and communicate rights, responsibilities and liabilities of all parties to client, including specific rights of client 
Summarise and communicate legal and non-legal issues and risks arising from legal document to client 
Determine and discuss alternative courses of action with client where it is considered legal document does not adequately protect interests of client, or meet client’s other requirements 
Summarise and clearly communicate legal and non-legal consequences for each alternative to the client 
Assist client in selecting a course of action 
Refer client to other professionals for advice on appropriate course of action, where required 
Identify statutory and other rules governing signing and witnessing of legal documents 
Apply relevant rules governing signing and witnessing of documents in the execution of legal document by client 
Prepare file note recording the substance and details of the advice given to client and instructions received 
Despatch correspondence to client confirming advice given in relation to legal document and instructions received 
Provide concise instructions on signing and witnessing legal document, where required 

Forms

Assessment Cover Sheet

BSBCNV611 - Interpret a legal document and provide advice in a conveyancing transaction
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

BSBCNV611 - Interpret a legal document and provide advice in a conveyancing transaction

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: