The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

Critical aspects for assessment and evidence required to demonstrate this unit of competency:

The individual being assessed must provide evidence of specified essential knowledge as well as skills:

knowledge of the Family Law Act and system as it relates to specific job roles of the worker

establishing effective working relationships with other service providers and practitioners to provide best service provision for clients experiencing relationship difficulties

demonstrate an understanding of the dynamics of relationship conflict

established networks to facilitate effective referrals for clients

awareness of own limitations and biases which may impede worker impartiality when working with clients

Communication skillsincluding:

listening and understanding

speaking clearly and directly

negotiating responsively

empathising

interpreting the needs of internal and external clients

persuading effectively

being appropriately assertive

sharing information

Observation of workplace performance is essential for assessment of this unit

Consistency of performance should be demonstrated over a period of time in order to ensure consistency of performance across contexts applicable to the work environment

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment

Competency must be demonstrated in a real work environment

In cases where the learner does not have the opportunity to cover all relevant aspects in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios

Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed and/or is required to be demonstrated over a period of time and/or in a number of workplace settings, any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons

Method of assessment may include:

Observation in the workplace together with a possible combination of the following:

Written assignments/projects or questioning should be used to assess knowledge

Case study and scenario as a basis for discussion of issues and strategies to contribute to best practice

The assessment environment should not disadvantage the candidate

Assessment practices should take into account any relevant language or cultural issues related to Aboriginality, gender or language barriers other than English

Where the candidate has a disability, reasonable adjustment may be applied during assessment

Language and literacy demands of the assessment task should not be higher than those of the work role

This describes the essential skills and knowledge and their level required for this unit.

Essential knowledge:

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include:

Understanding of the provisions for children and property in the Family Law Act and Child Support (Assessment) Act as it relates to specific job role

Understand the relevant sections of the Family Law Act as it applies to individual work roles and organisation

Knowledge of where to seek expert clarification of family law

Understand Duty of Care requirements in the provision of information when working with families at pre and post separation and as it relates to specific job roles

Referral options and systems available to clients whose needs may best be met by other services

Confidentiality and privacy requirements under relevant legislation applicable to work context and job roles

Working knowledge of Parenting arrangements and property settlement requirements as per the Family Law Act and any other related legislation within the provision and requirements of the job role

Understand and apply relevant state child protection legislation as necessary

Understand working of family court, associated legal system and legal processes as relevant to job role

Understanding any implications of material collected through interviews with clients seeking relationship supports and/or interventions

Awareness of family dynamics in different cultures and how this may impact on or direct practices of relationship support services

Understand recording and reporting system requirements of the family law rules and regulations as they relate to own job role

Understanding the important role and responsibility of legal representatives in the Family Law context and multi party disputes and how this role impacts on own work with clients, including a focus on grandparents

Understanding the roles and responsibilities of the child consultant in the family law context

Understand the relevance of, and need for, referral to experts on range of matters

Working knowledge of the factors impacting upon and associated with working with children and young people in complex cases of high level parental conflict, for example:

grief and loss

separation anxiety

trauma

power and control dynamics

Essential skills:

It is critical that the candidate demonstrate the ability to:

Effectively and impartially collect and analyse information according to risk assessment frameworks or models

Implement confidentiality and privacy to client information obtained, recorded and maintained by the worker and organisation

Research both the systems and legislation relevant to the work role and Family Law context

Use solution focused interviewing techniques with clients

Remain impartial and objective when engaging with clients and assessing client needs

Ensure work practices that maintain the best interests of the child are paramount to all work in the Family Law context

Demonstrate awareness of own limitations and biases that may impact on workers capacity to remain impartial in work with couples and families

Identify when referral is best option for clients if worker biases impeded objectivity

Objectively engage and listen as children, young people and parents present their situations

Ensure client is clear about worker's role of being one of information provision not one of legal adviser

Challenge and contain behaviours where necessary

Interpret legalese into language understood by client and significant others

continued ...

Essential skills (contd):

In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

Apply and model communication skills including:

listening and understanding

speaking clearly and directly

negotiating responsively

empathising

interpreting the needs of internal and external clients

persuading effectively

being appropriately assertive

sharing information

Read and interpret workplace related documentation

Work effectively in culturally diverse environments and contexts using appropriate skills and protocols

Accept and provide constructive criticism

Modify language and communication skills to meet the needs of individual clients

Be transparent working with clients

Work effectively in a multidisciplinary team environment

Conceptualise and evaluate the laws and systems within the family law environment as required by job role

Work effectively with interpreters to ensure needs of specific cultural groups are met

Demonstrate appropriate and regular use of supervision and consultation

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any 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.

Clients may include:

Children and young people

Separating and divorced parents

Extended family members

Couples seeking counselling and supports as prevention to relationship breakdown

Voluntary and involuntary individuals or family groups

Specific client needs may include may include:

Prevention, interventions and support for relationship needs

Assistance and/or information on property disputes

Assistance with access to other services

Assistance with referral, and advocacy where appropriate

Assistance with matters relating to parenting arrangements and child's best interests

Information on service availability

Assessment and support for safety and family violence issues

Referral to legal assistance

Assistance with financial, housing or safety issues

Appropriate strategies and techniques to engage voluntary and/or involuntary clients may include but is not limited to:

Establishing rapport

Displaying empathy

Use simple and concise language when engaging with the client

Use negotiation skills when required

Use non threatening verbal and non-verbal communication skills

Remaining neutral and objective during engagement with the client

Observe specific cultural protocols when communicating with clients

Adopt client self determination principles where appropriate

Clarify service provision for the client

Clarify client expectations of the service in relation to client needs

Explain any legal or organisation boundaries and contexts for client worker relationship or service provision

Explain and clarify legal obligations of both the client and the agency

Child focused practices may include:

Appropriate use of language considering the age and developmental stage of the child/young person

Create child friendly environment

Use of toys, puppets, books, sand play and other child centred resources

Active listening

Narrative approaches

Advocating for the child's/young person's expressed and/or demonstrated needs

Options may relate to other sections/specialists within the family law system and those practitioners that may form part of the multidisciplinary team and may include:

Solicitors and barristers

Child representatives/consultants

Police

Court staff

Counsellors

Dispute resolution practitioners

Children's contact service staff

Child support agency

Family educators

Contact order program staff

Preventative support for relationship issues may include

Counsellors

Relationship educators

Dispute resolution practitioners

Family educators

Post separation referral options may include:

Lawyers and barristers

Child representatives

Police

Court staff

Counsellors

Dispute resolution practitioners

Children's contact service staff

Child support agency

Family educators

Contact order program staff

Domestic and family violence services

Housing services

Centrelink

Specified job role may include:

Lawyers and barristers

Child representatives

Child consultant

Court staff

Counsellors

Dispute resolution practitioners

Children's contact service staff

Family educators

Contact order program staff

Other family relationship centre staff

Family relationship support program staff

Information may include:

Verbal explanations of information to assist clients' understanding of services to be provided or clarification other information as a matter of client empowerment

Written materials, e.g. service information, contracts, case plans, court papers

Videos, DVDs and other electronic media

Organisation policy and/or legislation may include but are not limited to:

Child Protection legislation within State operating jurisdiction

Anti-discrimination legislation

Child Support (Assessment) Act

Family Law Act

Freedom of Information legislation

Superannuation legislation

Privacy legislation

De facto property legislation

Organisation policies:

worker and client safety

recording and storing client information

assessment and intake

referral and advocacy

supervision and professional development

case work

collaborative work practices

access and equity

cultural diversity

Reports and documentation may include:

Court reports

General assessment reports

Observational reports

Referral reports

Reports are required to be factual, clear and unambiguous and written within the organisation guidelines with due consideration for any legislative requirements.

Client case plans

Counselling agreements

Court applications and regulatory forms

Agreements reached as result of dispute resolution process

Parenting plans/arrangements

Documented contact arrangements

Correspondence relevant to client case

Intake and assessment documentation

Case file notes

Case work procedures may include but are not limited to:

Facilitating case planning meetings

Preparing case plans

Analysing information gathered

Preparing a case plan in collaboration with the client

Engaging the client to participate in planning processes

Facilitating and monitoring aspects of case plans

Reviewing case plans in collaboration with clients

Support systems for clients may include but are not limited to:

Advocacy and information services

Facilitate referrals to counselling, dispute resolution and/or children's contact services

Domestic and family violence services

Accommodation services

Child support agency

Family support services

Alcohol and other drugs services

Parent support and education groups

Referral to legal practitioners e.g. in matters of:

matrimonial and de facto property

taxation law

superannuation

company and business law

inheritance law

child related matters