Application
This unit describes the skills and knowledge required to apply legal principles within the family law framework.
The unit applies to individuals who use well-developed skills and a broad knowledge base to provide support in a range of legal service settings. They apply solutions to a range of unpredictable problems and analyse and evaluate information from a variety of sources.
Its application in the workplace is determined by the job role of the individual and the legislation, rules, regulations and codes of practice relevant to different jurisdictions.
No licensing, legislative or certification requirements apply to this unit at the time of publication.
Elements and Performance Criteria
1. Prepare to apply principles of family law | 1.1 Identify task requirements 1.2 Identify key family law elements for analysis according to task requirements 1.3 Identify key provisions of legislation and common law, policies or procedures according to task requirements |
2. Apply principles of family law | 2.1 Analyse legal matter relevant to family law according to task requirements 2.2 Evaluate information according to task requirements 2.3 Prepare deliverable according to task and organisational requirements 2.4 Complete and present documentation for review |
3. Finalise deliverable | 3.1 Review deliverable with relevant organisational personnel 3.2 Amend and sign-off according to organisational policies and procedures 3.3 Despatch document according to organisational requirements |
Evidence of Performance
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:
apply legal principles in at least four different family law matters.
In the course of the above, the candidate must:
collect accurate and detailed facts from clients about property, support and parenting and interpret and communicate outcomes according to law
provide appropriate information and documentation to clients at appropriate stages of legal process
calculate and document relevant costing according to organisational requirements.
Evidence of Knowledge
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:
relevant court processes for family law matters
legal processes required in this role
family law matters including:
marriage dissolution
property settlement dealing with minors
family law as it applies to scope of workplace responsibilities
documentation required in family law matters
required organisational policies and procedures pertinent to this role.
Assessment Conditions
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:
appropriate legislation and regulations relevant to family law and common legal matters
background information on courts, their jurisdiction and behavioural requirements
workplace resources to fulfil performance criteria.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards.
Foundation Skills
Reading | Gathers, interprets and analyses complex textual information from a range of sources and identifies relevant and key information |
Writing | Uses clear, accurate and relevant language to organise, record and update information and complete workplace documentation |
Oral Communication | Clearly articulates requirements and explains legal procedures using language and features appropriate to the audience Employs active listening and questioning techniques to confirm understanding |
Numeracy | Interprets numerical information and makes mathematical calculations to determine maintenance obligations |
Initiative and enterprise | Monitors adherence to organisational policies and procedures Keeps up-to-date with relevant legislation or regulations in relation to own responsibilities and considers the implications of these when planning and undertaking work |
Planning and organising | Plans, sequences and completes tasks to achieve required outcomes, coordinating aspects with others, when required Analyses information to make decisions in relatively complex situations, taking a range of factors into account |
Sectors
Technical Skills – Legal Services