Public Sector - Draft 2

PSPREV004 Interpret and assess contracts_validation

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Unit application and prerequisites

UNIT CODE

PSPREV004

UNIT TITLE

Interpret and assess contracts

APPLICATION

This unit describes the performance outcomes, skills and knowledge required to interpret and assess contracts to determine their legal effect, identifying the parties involved and the responsibilities of those parties in order to make decisions regarding liability or compliance.

 

This unit applies to those working to interpret and assess contracts within the public sector. Those undertaking this unit would work independently, performing complex tasks in a familiar context.

 

The skills in this unit must be applied in accordance with Commonwealth and State or Territory legislation, Australian standards and industry codes of practice.

 

No occupational licensing, certification or specific legislative or certificate requirements apply to this unit at the time of publication.

PREREQUISITE UNIT

Nil

COMPETENCY FIELD

Revenue administration

UNIT SECTOR

 

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Elements and performance criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element.

  1. Identify key features of contracts
    1. Analyse contracts and identify parties involved in each contract.
    2. Identify legal nature and elements of contracts, terms and obligations.
    3. Differentiate conditions, warranties and contingencies identified in the contract.
    4. Identify circumstances and consequences of terminating contracts.
    5. Confirm, if contractual rights have been assigned and if assignment as valid.
  1. Assess contracts for eligibility and liability
    1. Analyse contracts in accordance with criteria using a legislative decision-making process.
    2. Confirm or deny eligibility or liability of contracts.
    3. Make decisions and notify customers.

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Foundation skills

FOUNDATION SKILLS

Foundation skills essential to performance in this unit, but not explicit in the performance criteria are listed here, along with a brief context statement.

SKILLS

DESCRIPTION

Reading skills to:

  • read and analyse complex and formal documents and apply them to work situations.

UNIT MAPPING INFORMATION

Release 1: Supersedes and is equivalent to PSPREV004 Interpret and assess contracts.

LINKS

Companion Volume Implementation Guide

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Performance evidence

TITLE

Assessment Requirements for PSPREV004 Interpret and assess contracts

PERFORMANCE EVIDENCE

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and on at least one occasion:

  • communicate with others involving exchanges of complex information when gathering information and notifying customers of decisions relating to obligations that have arisen in relation to contracts
  • use technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes
  • apply environmental and work health and safety procedures to administrative work and when dealing with customers.

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Knowledge evidence

KNOWLEDGE EVIDENCE

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

  • sources of contract law
  • rules of construction of contracts
  • privacy doctrine of contracts
  • what may constitute a breach of contract
  • methods of termination of contract, including by consent, by frustration
  • legislative decision-making process
  • principles applicable to assignment of contractual rights
  • confidentiality provisions.

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Assessment conditions

ASSESSMENT CONDITIONS

 

 

 

Skills must be demonstrated at least once in either a:

  • workplace environment
  • simulated environment.

 

Simulated assessment environments must simulate the real-life working environment where the skills and knowledge within this unit would be utilised, with all the relevant equipment and resources of that working environment.

 

Assessment must ensure access to:

  • legislative decision making process
  • government legislation, regulations, rulings, Commissioner's practices and other applicable case law relating to contracts
  • organisational procedures and protocols relating to interpretation and assessment of contracts
  • scenarios and case studies to capture the range of situations likely to be encountered when interpreting and assessing contracts
  • access to relevant systems.

 

Assessors must satisfy the Standards for Registered Training Organisations’ requirements for assessors.

LINKS

Companion Volume Implementation Guide

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