Application
This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected. |
Prerequisites
Prerequisite Unit/s |
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Prepare material for court hearings | 1.1. Full and detailed evidence is collected and collated to ensure all aspects are covered. 1.2. Court proceedings and protocols are adhered to in accordance with jurisdiction involved. 1.3. A solicitor's brief is prepared, where required, that identifies all relevant facts, sections of appropriate legislation and detailed evidence. 1.4. A submission is prepared that supports and protects council's position and interests. |
2. Prepare staff for court hearings | 2.1. Briefings are held with solicitor and industrial officer as required. 2.2. Arrangements are made to ensure relevant employees are available for access and information. 2.3. Any negotiation parameters are clearly identified prior to court process. 2.4. Employees involved in the court process on council behalf are briefed. |
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Required Skills
This describes the essential skills and knowledge and their level, required for this unit |
Required Skills |
brief writing: coherent structure that shows connections between facts adapting spoken language to present a summary of facts and law points to employees, solicitor or industrial officer locating relevant sections and reading and interpreting legislation. |
Required Knowledge |
specialised legal terminology court proceedings and protocols relevant litigation relevant council procedures relevant legislation. |
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Evidence Required
Overview of assessment requirements | A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated. |
Critical aspects of evidence to be considered | Court protocols are adhered to. Solicitor's brief is prepared. Employee briefing is conducted. Materials for court are prepared. Negotiation parameters are identified. |
Context of assessment | On the job or in a simulated work environment. |
Relationship to other units(prerequisite or co-requisite units) | Prerequisite units: nil. Co-requisite units: nil. |
Method of assessment | The following assessment methods are suggested: observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies written and/or oral questioning to assess knowledge and understanding completion of workplace documentation third-party reports from experienced practitioners completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor. |
Evidence required for demonstration of consistent performance | Evidence will need to be gathered over time across a range of variables. |
Resource implications | Access to a workplace or simulated case study that provides the following resources: information on court requirements and protocols materials to be used for court copies of relevant legislation governing the offences resources to be used as evidence including reports, photos, surveys, minutes of meetings, relevant documents and examples of relevant solicitor's briefs. |
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 in the Performance Criteria is detailed below. | |
Litigation may include: | breaches of parking dog act health litter fire prevention planning and building environmental damages summary offences off-road vehicles industrial. |
Evidence may include: | reports photos surveys minutes of meetings relevant documents. |
Solicitor's brief may include: | use by council or solicitor. |
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Sectors
Unit Sector | Administration Units |
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Employability Skills
This unit contains employability skills. |
Licensing Information
Not applicable.