Certificate IV in Legal Services

Transcription

1 Certificate IV in Legal Services BSB42215 Course Guidelines

2 General Information This document provides an overview of the Certificate IV in Legal Services (BSB42215) qualification offered via the Queensland Law Society (QLS) and its rules of administration. All students should thoroughly familiarise themselves with these guidelines before undertaking the course. Contents 1. Introduction Course completion Enrolment Supervisor Course fees Recognition of Prior Learning (RPL) Credit transfer Logistics Training Record Book Assessment Completion timeframe Cancellation and refund policy Confidentiality Academic misconduct Complaints handling and appeals Further information and queries Disclaimers Appendix A Unit Details Revision Information Version Date Description Author Dec 2011 Initial draft Josephine Webb Jan 2012 Revised Josephine Webb April 2012 Course fees updated Josephine Webb May 2012 GST information added Josephine Webb June 2012 Incentive payment information updated Josephine Webb July 2012 Cancellation and refund policy updated Josephine Webb Sept 2012 Cancellation and refund policy updated Josephine Webb Sept 2012 Federal funding details updated Josephine Webb May 2013 Part payment option removed Alanna Sinclair July 2013 Formatting, sections 1.6, 2.7, 4.3, 4.4, 13.1, 13.2 and 14 amended Kali Astill July 2013 Refund policy updated Kali Astill Aug 2013 Federal funding details updated Kali Astill Oct 2013 Formatting, include RPL fees and Credit transfer Kali Astill Dec 2013 Refund policy updated Kali Astill Jan 2014 Update RPL policy Kali Astill May 2014 Supervisor information added. Enrolment, Training Record Book, Complaint handling and appeals, Further information and queries, Assessment updated. Minor formatting. Lee Deutzmann November 2014 Electives information updated Lee Deutzmann November 2014 Tutorials information removed. Training plan information amended. Course fees information amended. Training Record Book information amended. Completion timeframe information amended. Helen Johannsen January 2015 Unique Student Identifier information inserted Helen Johannsen April 2015 Course code updated: BSB > BSB52215 Lee Deutzmann May 2015 Unit codes updated Lee Deutzmann July 2015 RTO changes Kali Astill October 2015 Formatting Lee Deutzmann V1.20 Last updated: 13-Oct-15

3 1. Introduction 1.1. Queensland Law Society (QLS), in a strategic partnership with the Australian Institute of Management Education and Training ABN (a registered training organisation, number 0049), provides training and assessment in the Certificate IV in Legal Services (BSB42215) The Certificate IV in Legal Services is a nationally accredited course under the Australian Quality Training Framework (AQTF). AQTF is the national set of standards which assures nationally consistent, high-quality training and assessment services for the clients of Australia s vocational education and training system The aim of the Certificate IV in Legal Services is to provide students with the skills and knowledge to provide support in a range of legal service settings. Completion of the Certificate IV qualification does not entitle an individual to provide legal advice or to hold themselves out as a paralegal There are no entry requirements for this qualification This qualification is appropriate to individuals in job roles such as: legal assistant legal secretary legal support officer assistant paralegal QLS recommends that this course is undertaken by legal support staff that are currently employed in a legal practice and have the support of their supervisor. 2. Course completion 2.1. The course is delivered in a self-study format, primarily in the form of reading materials with review exercises, plus formal assessment exercises In order to successfully complete the course and obtain a certificate qualification students are required to complete a total of twelve (12) units as follows: Complete eight (8) core learning units: BSBCMM402 Implement effective communication strategies BSBCOM406 Conduct work within a compliance framework BSBLEG413 Identify and apply the legal framework BSBLEG414 Establish and maintain a file in legal services BSBLEG418 Produce complex legal documents BSBLEG415 Apply the principles of contract law BSBLEG416 Apply the principles of the law of torts BSBRES404 Research legal information using primary sources V1.20 Last updated: 13-Oct-15 Page 2 of 15

4 Complete four (4) elective learning units. These units may be selected from the units listed below, or any currently endorsed Training Package or accredited course at the same qualification level. If not listed below, one unit may be selected from either a Certificate III or Diploma qualification (including the core and elective units from the Diploma of Legal Services offered by QLS). All units must be relevant to the work outcome, local industry requirements and the qualification level. BSBINN501 Establish systems that support innovation* BSBINN502 Build and sustain an innovative work environment BSBLEG403 Maintain trust accounts BSBLEG417 Apply the principles of evidence law BSBSUS201 Participate in environmentally sustainable work practices BSBSUS301 Implement and monitor environmentally sustainable work practices *not offered by QLS 2.3. There is no prescribed textbook for the course. For all units, learning materials and further readings will be provided Students must successfully complete all assessment tasks in the 12 chosen units Until a student completes all of the required units as outlined in section 2.2, the course will be deemed to be incomplete Once all assessments for the required core and elective units have been successfully completed, and the course fee paid in full (see section 4), a student will be awarded the Certificate IV in Legal Services If requested, a Statement of Attainment can be issued for completed units prior to full completion of the qualification. 3. Enrolment 3.1. The Certificate IV in Legal Services is open to application from any individual Students may enrol on a full-time or part-time basis, depending on their employment arrangements. Students may also enrol in an individual unit A student is considered to be enrolled for the course only upon completion of the required enrolment forms A Training Plan outlining all key details of the training to be completed will be prepared and provided to each student enrolled in the entire course. The Training Plan is tailored in consultation with the employer and student. The units chosen will be those best suited to the individual training needs From 1 January 2015 all students enrolling in the Certificate IV in Legal Services will be required to obtain a Unique Student Identifier (USI), which is a reference number that gives access to a personal USI account. Any nationally recognised Vocational Education and Training Course or unit that is undertaken from 1 January 2015 will be recorded in the USI account. V1.20 Last updated: 13-Oct-15 Page 3 of 15

5 3.6. A USI will allow students to have easier, more reliable online access to their record of training history and will also be able to produce a comprehensive transcript of training Students can create their own USI by providing one form of specified identification and following the steps on the following website: All students are required to provide QLS with their USI, upon or shortly after enrolment. Students who do not provide a USI will not be entitled to receive a training record or qualification. 4. Supervisor 4.1. QLS recommends that students undertake the course with the support of a supervisor QLS recommends that the supervisor is employed in legal practice or has sufficient knowledge of legal practice to be able to provide ongoing assistance to the student The supervisor s role includes: mentoring and guiding the student throughout their enrolment discussing the student s progress with the student regularly, at least every three months signing and dating the Training Record Book where appropriate to confirm competencies achieved reviewing the student s work from time to time when requested by the student The supervisor must sign a declaration on the Enrolment Form confirming that they understand their responsibilities and agree to abide by these and other relevant QLS policies and procedures for the duration of the student s enrolment The supervisor must sign a declaration on the Assessment Coversheet for every assessment submitted, confirming that to the best of their knowledge the student has completed the assessment of their own accord and in accordance with relevant policies and procedures at the workplace. 5. Course fees 5.1. The course fee for the Certificate IV in Legal Services is $4,000 plus GST per student Alternatively, students may enrol in an individual unit. Fees for individual units are shown below. All fees will have GST added. Unit Code Unit Name Fee BSBCMM402 Implement effective communication strategies $450 BSBCOM406 Conduct work within a compliance framework $450 BSBLEG413 Identify and apply the legal framework $450 BSBLEG414 Establish and maintain a file in legal services $450 BSBLEG418 Produce complex legal documents $450 V1.20 Last updated: 13-Oct-15 Page 4 of 15

6 Unit Code Unit Name Fee BSBLEG415 & BSBLEG416 Apply the principles of contract law / Apply the principles of the law of torts $675 BSBRES404 Research legal information using primary sources $450 BSBINN501 Establish systems that support innovation $375 BSBINN502 Build and sustain an innovative work environment $375 BSBLEG403 Maintain trust accounts $450 BSBLEG417 Apply the principles of evidence law $450 BSBSUS201 Participate in environmentally sustainable work practices $375 BSBSUS301 Implement and monitor environmentally sustainable work practices $ QLS will invoice the employer or student for course fees (full or unit) upon receipt of the enrolment form The course fees must be paid within 30 days of the date of the invoice The course material will be sent upon payment of the invoice A student will not be awarded a Statement of Attainment upon completion of the course until such time as the course fees are paid in full and receipted by QLS s Finance department. Please allow 3-5 working days for funds to clear and for QLS to process them Students may be eligible for federal funding where they have not received any previous funding nor completed a self-funded Certificate at level III or IV in any discipline in the previous seven (7) years and they are a new worker New workers are those who have been employed for less than 3 months full time or less than 12 months part time Federal funding is paid as follows to the employer s nominated bank account upon lodgement of a completed claim form: commencement incentive of $1,500 paid after 6 months completion incentive of $2,500 paid on successful completion Any student wishing to apply for federal funding may do so through QLS via the services of our preferred Apprenticeship Centre. On completion of appropriate forms, the Apprenticeship Centre will assess eligibility for funding and make arrangements with the student s employer The fees payable for an application for RPL are detailed in paragraph 6.8 below The fees payable for an application for credit transfer are detailed in paragraph 7.3 below. V1.20 Last updated: 13-Oct-15 Page 5 of 15

7 6. Recognition of Prior Learning (RPL) 6.1. Students may apply for Recognition of Prior Learning (RPL) under the conditions set out in the AQTF Standards. Those students with skills and knowledge gained through life and/or work experience or through a formal education program or appropriate training may apply to have those competencies recognised Recognition for these competencies will be granted upon substantiation of that claim in accordance with the requirements of the AQTF and training package or accredited course Students have options in how they wish to have their skills recognised that best meets their needs. The Trainer will discuss options and negotiate a suitable assessment plan with them Competencies already held by individuals can be formally assessed against the units of competency in this Training Package, and should be recognised regardless of how, when or where they were achieved In an assessment-only or RPL pathway, the student provides current, quality evidence of their competency against the relevant unit of competency. This process may be directed by the student and verified by the assessor, such as in the compilation of portfolios; or directed by the assessor, such as through observation of workplace performance and skills application, and oral and/or written assessment. Where the outcomes of this process indicate that the student is competent, structured training is not required As with all assessment, the assessor must be confident that the evidence indicates that the student is currently competent against the endorsed unit of competency. This evidence may take a variety of forms and might include certification, references from past employers, testimonials from clients, and work samples. The onus is on students to provide sufficient evidence to satisfy assessors that they currently hold the relevant competencies. In judging evidence, the assessor must ensure that the evidence of prior learning is: authentic (the student s own work) valid (directly related to the current version of the relevant endorsed unit of competency) reliable (shows that the student consistently meets the endorsed unit of competency) current (reflects the student s current capacity to perform the aspect of the work covered by the endorsed unit of competency) sufficient (covers the full range of elements in the relevant unit of competency) The assessment only or recognition of prior learning pathway is likely to be most appropriate in the following scenarios: students enrolling in qualifications who want recognition for prior learning or current competencies existing workers individuals with overseas qualifications recent migrants with established work histories people returning to the workplace. V1.20 Last updated: 13-Oct-15 Page 6 of 15

8 6.8. The fees payable for an application for RPL are as follows. These fees do not apply to students who have enrolled in the entire course. Unit code Unit name Fee BSBCMM402 Implement effective communication strategies $225 BSBCOM406 Conduct work within a compliance framework $225 BSBLEG413 Identify and apply the legal framework $225 BSBLEG414 Establish and maintain a file in legal services $225 BSBLEG418 Produce complex legal documents $225 BSBLEG415 & BSBLEG416 Apply the principles of contract law / Apply the principles of the law of torts $ BSBRES404 Research legal information using primary sources $225 BSBINN501 Establish systems that support innovation $ BSBINN502 Build and sustain an innovative work environment $ BSBLEG403 Maintain trust accounts $225 BSBLEG417 Apply the principles of evidence law $225 BSBSUS201 Participate in environmentally sustainable work practices $ BSBSUS301 Implement and monitor environmentally sustainable work practices $ Credit transfer 7.1. Students may apply for a credit transfer, which is a different process from RPL A credit transfer requires the student to supply evidence showing that you have successfully completed competency units or modules that can be matched directly to the competency units you have selected in your training plan An administrative fee of $100 per unit applies for each credit transfer application. This fee does not apply to students who have enrolled in the entire course. 8. Logistics will be the primary method of communication between QLS and the student regarding course matters. It is the responsibility of all enrolled students to provide a functional account and to check their account on a regular basis during their enrolment. 9. Training Record Book 9.1. Students enrolling in the full course will be issued with a Training Record Book, the purpose of which is to record progress and completion of units. It may also be used to show employers what training has been completed. V1.20 Last updated: 13-Oct-15 Page 7 of 15

9 9.2. The Training Record Book is an important document that must be kept by the student throughout the training and given to the supervisor or trainer, when requested, for inspection and to have entries updated Failure to maintain and produce this Training Record Book constitutes misconduct under the Vocational Education Training and Employment Act Students should regularly, at least every 3 months, discuss progress with their supervisor or employer and have them update the Training Record Book as appropriate to confirm competencies achieved. 10. Assessment All pages of the assessment are to be footnoted with student name, course code and page number All students will be required to sign a declaration for each unit, stating that the assessment is their own work. The student s supervisor will also be required to sign a declaration stating that they have sighted the student s work The submission of a false declaration, as referred to in section 10.2, will amount to academic misconduct and may be subject to the penalties as outlined under section 14 of these guidelines QLS will attempt to mark assessment within two (2) weeks of receiving it, and provide appropriate feedback to the student In the event of a student failing to achieve competency in any unit, they will be provided with remedial information and feedback and requested to resubmit the assessment tasks. 11. Completion timeframe Enrolled full-time students are expected to complete all requirements of the course within 24 months of the commencement of their enrolment. Part-time students are expected to complete the course within 48 months. These are nominal timeframes and students may complete the course sooner if they are able to demonstrate the required competencies It is expected that students will demonstrate reasonable progression through course units during their enrolment, in order to complete the course in the required timeframe As a general guide, it is expected that students will devote 3-4 hours per week to study during their enrolment period. Additional study may be completed in the student s own time as desired Any student who has not completed the course within the expected timeframes may submit a request for an extension. However the student must be able to demonstrate extenuating circumstances and a plan to complete the course in the requested timeframe. Any requests for extension must be forwarded to QLS in writing at least one month prior to the lapse of the expected enrolment period. V1.20 Last updated: 13-Oct-15 Page 8 of 15

10 12. Cancellation and refund policy The benefit of enrolment attaches to the enrolled student rather than any employer, regardless of who pays the fees. No transfers of enrolment will be granted Enrolment can be cancelled at any time by advising QLS in writing If a student has enrolled in the entire course, the amount of any refund of course fees will be calculated as follows: Student withdraws from the course 90 or less days from the date of confirmation of enrolment 90 or less days from the date of confirmation of enrolment 90 or less days from the date of confirmation of enrolment * including RPL AND the student has completed* Refund of total course fees No units 90% One unit 50% Two or more units 0% V1.20 Last updated: 13-Oct-15 Page 9 of 15

11 Student withdraws from the course More than 90 days from the date of confirmation of enrolment but less than 12 months from the date of confirmation of enrolment More than 90 days from the date of confirmation of enrolment but less than 12 months from the date of confirmation of enrolment 12 months or more from the date of confirmation of enrolment * including RPL AND the student has completed* Refund of total course fees One unit or less 50% Two or more units 0% N/A 0% If a student has evidence that an Apprenticeship Centre has undertaken a desktop assessment and found that the student is potentially eligible for funding but, upon making the application for federal funding within 30 days of enrolling in the course, the student is advised that they are not eligible for funding, QLS may refund the total course fees in full If a student has enrolled in a single unit, the amount of any refund of unit fees will be calculated as follows: If a student withdraws from the unit within 90 days from the date of confirmation of enrolment: 50% refund of total fees for the unit. If a student withdraws from the unit 91 or more days from the date of confirmation of enrolment: 0% refund of total fees for the unit. If the student has completed the assessment for the unit, no refunds are payable for the unit In the event that no fees have been paid at the time of cancellation, an administration fee of $400 may be invoiced Refunded amounts are calculated on total course fees due, not on amounts invoiced and/or paid to date. Where the amount of course fees paid to date is less than the amount that would be retained by QLS under section 12.3 or 12.5, QLS may, at its discretion, issue an invoice for the amount of shortfall No deferrals or transfers of credit will be granted for the course. 13. Confidentiality All content and performance issues relating to students undertaking the course remain confidential between the relevant QLS staff, third party training organisations and the respective student It is the responsibility of the individual student to notify QLS of any special requirements or any change of contact details. V1.20 Last updated: 13-Oct-15 Page 10 of 15

12 14. Academic misconduct All students must conduct their studies honestly, ethically and in accordance with accepted standards of academic conduct Whilst students may participate in group study situations, any final assessment item undertaken must be, in its entirety, the student s own work The following are examples of behaviours that will amount to academic misconduct: The submission of assessment tasks that have not been completed by the student personally. Any form of plagiarism QLS considers any degree of academic misconduct to be a serious matter The penalty for academic misconduct will be considered at the discretion of QLS and may include (but is not limited to): failure to achieve the requirements for the qualification. disqualification for a period of time from undertaking further units or repeating units. any other penalty that the QLS considers appropriate in the circumstance. 15. Complaints handling and appeals If a student or their supervisor is not satisfied with any aspect of the course, including assessment results, they may forward a complaint in writing to the Manager, Learning and Professional Development, QLS On receiving a complaint, QLS will investigate the matter in consultation with the student, their supervisor and the QLS trainer and make a determination as to whether there is any validity to the complaint. Any rectification deemed to be necessary will be documented and actioned and a response explaining what action has been taken sent to the complainant within 14 days. All documentation will be filed for future reference. 16. Further information and queries For further information or assistance in relation to any aspect of the course contact: 17. Disclaimers QLS Instructional Designer and Trainer Queensland Law Society, GPO Box 1785, Brisbane QLD 4001 Ph: (07) learning@qls.com.au The Certificate IV in Legal Services course is an educational program. The instruction given in the written materials and orally in the tutorials is in principle instruction, and is not given in the context of any specific set of facts pertinent to individual students. The instruction is not legal advice and should not be construed as such. V1.20 Last updated: 13-Oct-15 Page 11 of 15

13 17.2. QLS has the authority, without notice, to revoke, amend and discharge any section outlined under these guidelines when, to do so, would be in the interest of natural justice and educational equity. V1.20 Last updated: 13-Oct-15 Page 12 of 15

14 Appendix A Unit Details Unit Code Competency Summary of Elements Core or Elective Nominal Hours BSBCMM402 Implement effective communication strategies Receive enquiry Identify and apply appropriate communication techniques Determine action to be taken Review outcomes of communication Core 40 BSBCOM406 BSBLEG413 BSBLEG414 Conduct work within a compliance framework Identify and apply the legal framework Establish and maintain a file in legal services Identify individual compliance requirements Interpret individual compliance requirements Ensure individual compliance Identify and adapt to changes in compliance requirements Identify sources of law Identify and analyse relationships between the Australian federal government and the states and territories Differentiate between civil and criminal proceedings Examine elements of the adversary system of trial Examine elements of precedent Examine legislation Initiate preliminary file activities Carry out conflict of interest check Open file Contact other persons about the file Undertake legal process according to plan Facilitate file administration and closure BSBLEG418 Produce complex legal documents Establish document design and structure Develop precedents for document design Prepare to produce documents Prepare to print documents Save file and exit system Core 30 Core 60 Core 50 Core 80 V1.20 Last updated: 13-Oct-15 Page 13 of 15

15 Unit Code Competency Summary of Elements Core or Elective Nominal Hours BSBLEG415 Apply the principles of contract law Determine the nature and meaning of contract Determine the principles of contract law Enhance professional practice through application of relevant principles of contract law Distinguish between a contract being discharged or breached Core 60 BSBLEG416 BSBRES404 BSBINN501 BSBINN502 Apply the principles of the law of torts Research legal information using primary sources Establish systems that support innovation Build and sustain an innovative work environment Define nature and meaning of law of torts Identify principles of the law of torts Apply relevant elements of tort Identify remedies for breaches of law of torts Receive and process request for information Identify information sources Prepare to extract information Ensure information meets request Compose report or correspondence Prepare to format report or correspondence Finalise report or correspondence Research context for new system development Generate system concepts and options Develop a plan for the system Trial the system Lead innovation by example Establish work practices that support innovation Promote innovation Create a physical environment which supports innovation Provide learning opportunities BSBLEG403 Maintain trust accounts Check that trust funds are adequate Draw cheques against trust account Prepare documentation upon completion of legal matter Core 60 Core 40 Elective 50 Elective 50 Elective 50 V1.20 Last updated: 13-Oct-15 Page 14 of 15

16 Unit Code Competency Summary of Elements Core or Elective Nominal Hours BSBLEG417 Apply the principles of evidence law Define nature and meaning of evidence law Identify principles of evidence law Enhance professional practice through application of relevant principles of evidence law Elective 60 BSBSUS201 BSBSUS301 Participate in environmentally sustainable work practices Implement and monitor environmentally sustainable work practices Identify relevant and admissible evidence Identify current resource use Comply with environmental regulations Seek opportunities to improve resource efficiency Investigate current practices in relation to resource usage Set targets for improvements Implement performance improvement strategies Monitor performance Elective 20 Elective 40 V1.20 Last updated: 13-Oct-15 Page 15 of 15