Subject Code : BSB52215
Assignment Task:

Part A:

Scenario: Report:

You work for the Queensland Justice and Attorney-GeneralHuman Resources Department (‘Department’). In an effort to reduce bias and discrimination within the Department, it has been decided to trial blind job applications that remove names, ages and genders from all applications for vacant positions within the Department.

You have been requested by your supervisor to complete research and prepare a report to identify and ensure that the trial will be compliant with relevant legislation.  You have been asked to follow the following format for the report:
1. Title Page
2. Introduction that includes the need for the report
3. Explain the purpose of each piece of legislation and outline the relevant sections that will apply to the blind trial and why.
4. Benefits – outline any benefits to the Department and the potential employees
5. Detriments – outline any detriments to the Department and the potential employees
6. Conclusion – provide your conclusion to your supervisor after your research
7. Reference List
8. Legislation List

Part B:

Scenario: Short Answer Questions:

You have just commenced work as the administrative assistant in a small suburban law firm that provides general legal services. The firm has the Principle Solicitor (Jack Savage), a law clerk (still at Uni – Grant) and a book-keeper that comes in twice a week (Gaylene).  You have been employed on a full-time basis and this your first job in the industry after finishing the Diploma of Legal Services through TAFE.

A letter has arrived this morning by registered post .which is a notice from the Fair Work Commission that the person who held the administrative assistant position before you(Jenny Smith) has made an application for unfair dismissal.  You show your Principle (Jack), who apart from becoming stressed, admits he knows nothing about Employment Law and gives you a list of questions to answer before the end of the day and send them to him via email.

1. You are asked to find out what the National Employment Standards are and then list the ten entitlements that they cover.

2. You obtained Jenny’s staff file and you see that the date that she was dismissed was two months ago, but the correspondence from the Fair Work Commission it states that Jenny was dismissed three weeks ago. Outline to Jack why the discrepancy in the termination date is important and what the firm can do in response to the Fair Work Commission on this discrepancy alone.

3. Jack wants you to research if his firm falls under the definition of a ‘small business’ under the Fair Work Act 2009. Provide Jack with the results of your research.

4. Jack told you the main reason he sacked Jenny was due to Absenteeism. Being a small firm, with Jenny taking time off when not approved, saying she was sick with no proof and just not saying she was coming in, seriously affected the success and operation of the firm.  Jack admits he never looked up the proof that he could do this, but he had called the Law Society and they told him he could. He requests that you look up the circumstances when terminating an employee for being absent from work may be lawful and inform him if he was correct in doing this.

5. From Jenny’s file, you can see lots of notes that say she was ‘late’ for work and ‘sickie’ and these notes are a mixture from Jack, Grant and Gaylene.   You recognise from what you learnt at TAFE about having processes in place to assist in compliance, that this should be in a format that would provide evidence to support Jack’s decision to terminate Jenny.   Draft a table that reflects this evidence for Jack to include in his response to the Fair Work Commission (you are to create imaginary information for this table – you will be assessed on what elements you have in the table, not the information entered).  This is to be attached as a separate form to your email.

6. Jack wants to know as concise as possible, what the process is for him now that the notice about the complaint has been received.  You locate the process on the Fair Work Commission website (hint: refer to the Flowchart of the process) and provide Jack with the basic details of this process so that it does not overwhelm him.

7. Provide Jack with your recommended next step that he takes as the conclusion to the email.

8. Prepare a separate reference list and legislation list.

Part C:

Scenario: Activity:

You love your new position with Jack Savage and have been with him a few months now.  Jack rushes in one Friday morning after he finished a criminal matter in local Magistrates Court.  He is going to go straight to a client meeting on the other side of town but he puts a Trust Account Authority and a Court Attendance Sheet on your desk and says “can you organise the transfer from rust today as we need it to pay the rent which will come out automatically on Monday and do a final letter to the client”. You quickly write down what Jack told you to do.

Answer the following questions:

1. Trust Monies and Trust Accounts are controlled by the relevant sections in the Legal Profession Acts within your State/Territory.  The requirement to deal with trust money and to maintain trust accounting records is an INTEGRAL part of legal practice. Provide the definitions for the following terms, quoting the section and legislation:

a. Trust sums of money

b. Controlled money

c. Transit money

d. Power money

2. When can you destroy old records on Trust Money from Jack’s firm and where is the authority for you to do this (relevant section and legislation)?

3. Identify the two correct methods of withdrawing money from Jack’s Trust Account:

a. Cash
b. Electronic Funds Transfer (EFT)
c. Telephone banking
d. Cheque
e. ATM withdrawals

4. Law Practices may withdraw money from the Trust Account for payment of legal costs owing to the practice by the client if the required procedures are followed.   Identify the two methods that are prescribed to withdraw money from the Trust Account and provide the Section/Regulation and the name of the legislation that provided you with this information.

5. You have identified that ‘withdrawal with authority’ is an approved method for you to then organise the transfer as per Jack’s request. However, when you go to see Gaylene transfer the money, she tells you that this cannot be done unless an invoice has been sent to the client.   You want to know if Gaylene is correct so you complete research to see if the client must be given an invoice.   Research and provide evidence of what is required to complete the task that Jack gave you being “can you organise the transfer from Trust today”. 

6. Research and provide the name that the Trust Account Cheque has to be written in favour of so that Gaylene can write this cheque.

7. Draft a ‘final letter’ to the client from the File Note that Jack has provided you.  Normally, you would have a precedent letter, but the computer system is down, so you do the best you can with the details you have.  Create your own Letterhead.

8. Due to the computer system being down, you had to create the letterhead for the final letter and you were copying off an old one and the term ‘Liability Limited by a scheme approved under professional standards legislation” is at the bottom of the letterhead.  You have never noticed it before and then you look and see it is at the bottom of Invoices, Receipts, Jack’s email signature block.  Research and explain what this term means.


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  • Posted on : January 16th, 2019

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