This unit (FNSTPB503) describes the skills and knowledge required to research, analyse and apply legal principles to provide advice on contract and consumer law implications to clients. It applies to individuals whose job role involves the application of knowledge of contract and consumer law in the workplace.
Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. This unit is designed to meet educational requirements of the Tax Practitioner Board (TPB). Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
Unit details
Location:
Study level:
Vocational and further education (TAFE)
Unit code:
FNSTPB503
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Assessment
Assessment tasks will be designed to reinforce and extend knowledge and skill competence within set and controlled parameters in accordance with each competency unit's learning outcomes and performance criteria requirements, including the setting of project and work based practical application tasks designed to provide evidence of competence outcomes, within periodic and scheduled timelines.
Students will be expected to demonstrate the following required skills:
- research for any changes to, or new, legislative requirements in relation to contract or consumer law relevant to the client's circumstances;
- apply current statute, common law and equitable principles in relation to contract and consumer laws that are relevant to the client's circumstances, and;
- present a recommendation to the client after considering the client's circumstances and relevant aspects of contract and/or consumer laws.
Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.Students will also be expected to demonstrate the following knowledge:
- explain the operation of the Australian legal systems and processes relevant to contract and consumer law including:
- basic principles, current statute, common law and equitable principles;
- roles and responsibilities of key organisations;
- constitutional considerations;
- separation of powers;
- basic principles of contract law;
- basic principles of the law of torts, particularly relating to negligence and negligent misstatement;
- courts and regulatory bodies;
- explain how laws are enacted and their underlying policy aims, and how those laws may be interpreted by existing common law and equitable rules, and apply to property laws;
- examine legal concepts and scope of contract law with reference to:
- formation - agreement and intention to create legal relations;
- formation - consideration, form, legality and capacity;
- contents - express terms, exclusion clauses;
- contents - implied terms, common law and statute (Commonwealth and state competition and consumer legislation);
- vitiating elements - unconscionability, misrepresentation, capacity;
- discharge - remedies, including rescission for unconscionable conduct;
- agency;
- describe legal concepts and scope of consumer law;
- misleading and deceptive conduct:
- function of the Competition and Consumer Act, and;
- role and jurisdiction of the Australian Competition and Consumer Commission (ACCC).
Where to next?
As part of a course
This unit is studied as part of the following courses. Refer to the course page for information on how to apply for the course.
VU takes care to ensure the accuracy of this unit information, but reserves the right to change or withdraw courses offered at any time. Please check that unit information is current with the Student Contact Centre.
