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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Utilise selected skills in children's court matters 
SAQA US ID UNIT STANDARD TITLE
123219  Utilise selected skills in children's court matters 
ORIGINATOR
SGB Legal Education and Training 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 08 - Law, Military Science and Security Justice in Society 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard will enable court based learners to provide assistance in complicated children's court matters, ensure greater safety and protection of children in South Africa and establish capacity in the justice system to deal with child abduction, trafficking and inter-country adoptions.

Learners credited with this unit standard will be able to:
  • Demonstrate knowledge of provisions relating to inter-country adoptions.
  • Evaluate the implications of the Hague Convention on the civil aspects of international child abduction.
  • Analyse the implications of the UN Protocol to prevent trafficking in persons.
  • Facilitate proceedings in children's court. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
    Communication skills NQF Level 4. 

    UNIT STANDARD RANGE 
    This unit standard covers the Hague Convention on protection of children and co-operation in respect of inter-country adoption, the Hague Convention on the civil aspects of international child abduction and the UN Protocol to prevent trafficking in persons. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate knowledge of provisions relating to inter-country adoptions. 
    OUTCOME RANGE 
    Provisions relating to inter-country adoptions must include an analysis of section 18(4) of the Child Care Act no 74 of 1983, Fitzpatrick and others v Minister of Social Welfare and Pensions [2000] 1 All SA 581 (CC) and the Hague Convention on Inter-country Adoption. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Provisions of the Child Care Act relating to adoption are analysed in the context of the Constitution. 

    ASSESSMENT CRITERION 2 
    Legal requirements for inter-country adoptions are defined in the context of the Hague Convention. 
    ASSESSMENT CRITERION RANGE 
    The requirements to be covered are contained in Chapter II of the Convention.
     

    ASSESSMENT CRITERION 3 
    The purpose and role of central authorities are examined in the context of the Hague Convention. 
    ASSESSMENT CRITERION RANGE 
    The purpose and role of the central authority to be covered is contained in Chapter III of the Convention.
     

    ASSESSMENT CRITERION 4 
    Procedural requirements for intercountry adoptions contained in the Convention are defined in the context of the Hague Convention. 
    ASSESSMENT CRITERION RANGE 
    The procedural requirements to be covered are contained in Chapter IV of the Convention.
     

    SPECIFIC OUTCOME 2 
    Evaluate the provisions of the Hague Convention on the civil aspects of international child abduction. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Duties of the Family Advocate as the central authority in South Africa are evaluated in the context of child abduction. 
    ASSESSMENT CRITERION RANGE 
    The roles and duties of central authorities to be covered are contained in Chapter II of the Convention.
     

    ASSESSMENT CRITERION 2 
    Procedures to be followed to obtain the return of children by a party state are defined in order to inform court users. 
    ASSESSMENT CRITERION RANGE 
    The procedures to be covered are those contained in Chapter III of the Convention.
     

    ASSESSMENT CRITERION 3 
    The manner in which the Convention can be used to allow parent's access to their children is evaluated in the context of a given case study. 
    ASSESSMENT CRITERION RANGE 
    The rights of access to be covered are set out in Chapter IV of the Convention.
     

    ASSESSMENT CRITERION 4 
    Circumstances under which the removal or retention of a child will be regarded as wrongful are evaluated in the context of the Hague Convention. 
    ASSESSMENT CRITERION RANGE 
    Wrongful removal or retention to be covered is set out in article 3 of the Convention.
     

    SPECIFIC OUTCOME 3 
    Analyse the provisions of the UN Protocol to prevent trafficking in persons. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Methods to prevent trafficking of children are analysed in the context of the UN Protocol. 
    ASSESSMENT CRITERION RANGE 
    The prevention steps to be covered are contained in Chapter II of the Protocol.
     

    ASSESSMENT CRITERION 2 
    Powers and duties of party states to address child trafficking is analysed in the context of the children's court. 
    ASSESSMENT CRITERION RANGE 
    The powers and duties to be covered are set out in Chapter III of the protocol.
     

    ASSESSMENT CRITERION 3 
    Children's Court processes are identified in order to give effect to the requirements of the Protocol. 

    SPECIFIC OUTCOME 4 
    Facilitate proceedings in children's court enquiries. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The role of the children's court clerk is examined in the context of children's court enquiries. 

    ASSESSMENT CRITERION 2 
    Procedures and rules of evidence that apply in children's court enquiries are utilised in the context of the Child Care Act. 

    ASSESSMENT CRITERION 3 
    Reports and documents to be used in children's court enquiries are prepared to facilitate proceedings in the context of a given case study. 

    ASSESSMENT CRITERION 4 
    Procedures to be followed at children's court enquiries are utilised to facilitate proceedings in the context of a given case study. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this Unit Standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA, or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this Unit Standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Any institution offering learning that will enable achievement of this Unit Standard or assessing this Unit Standard must be accredited as a provider with the relevant ETQA or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA at its discretion. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The provision of the Hague Convention on protection of children and co-operation in respect of inter-country adoptions.
  • The provisions of the Hague Convention on civil aspects of international child abduction.
  • The provisions of the UN Protocol to protect trafficking in persons.
  • Methods to facilitate proceedings in children's court enquiries. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Learners have acquired the generic ability to diagnose complex children's court matters and to facilitate the resolution of more complex matters in the children's court. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to act as a resource to members of the children's court-based service delivery team who are dealing with complex children's court matters. 

    UNIT STANDARD CCFO ORGANISING 
    Learners have acquired the generic ability to organise and manage complex application processes. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to identify and analyse information in children's court matters and to support courses of legal action leading to more efficient outcomes. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain to court users legal remedies available to them in the children's court system. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the role of the children's court as part of a larger domestic and international family law system. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to use advanced skills in children's court matters to contribute to a more accessible and efficient children's court system in South Africa that is capable of complying with its international obligations. 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Terminology:
  • For the purposes of this unit standard, 'court-based family law practice' and 'family law-related matters' are understood to include the legal areas of maintenance, domestic violence, divorce and children's court matters at a lower court level.
  • For the purposes of this unit standard, 'court based staff' and 'court based learners' are understood to refer to administrative clerks working in the area of children's court at a lower court level. 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Core  90657   National Certificate: Prosecuting  Not Applicable  NQF Level 05  Reregistered  2023-06-30  SAS SETA 
    Elective  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2023-06-30  SAS SETA 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. JUSTICE COLLEGE 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.