LML5001 Applied Migration Law

Question:

Task 1

Your workplace supervisor will complete an “Employer Apraisal”, which records the tasks that you completed as a trainee. It evaluates key workplace performance elements.

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To discuss your appraisal, and to identify areas for improvement, you will meet your supervisor.

Expectations are that high-performing elements such as presentation, co-operation and professionalism will be rated. However, it’s expected that students who work during placements will not receive very high ratings for technical aspects. This is because this is an ongoing learning process.

Task 2

Option

You can observe a new client interview if you are not able to.

Identify a client matter.

Follow the documentation and file establishment steps to create and draw an outline of the process.

Describe the action plan that will be followed with the client, and the administrative steps.

Include any timelines or deadlines.

Discuss this with your supervisor in your workplace and have it signed off or confirmed by him via email.

Answer:

Task – 1.

Career Professional Development Plan

Based on the Appraisal Report by the Supervisor, I have listed the following steps to enhance my skills and set new goals for my career improvisation.

Step One

How to Develop Your Skill Levels

My supervisor has given me an “Outstanding” rating for my skills in my field of Computer Operator.

His observation revealed that there are areas where I can improve, particularly in Report Preparing. Clark (2010).

This observation has given me the courage to improve my skills and knowledge in the following areas.

Operational skills. I’m determined to improve my Report Preparing ability and, in the next appraisal, will aim for an “Excellent.” rating.

Technical skills: This area is where I would like to be more proficient in technical aspects of my job.

Step two:

Assessing the Needs of My Department And Organization

My Professional Communication skills were evaluated and I was marked “Satisfactory”. I realize this is not good, and I need to improve on my professional conduct. assert Richard, (ed), 2014.

My supervisor agrees with me that my career path should match the needs of the organization.

The following goals are part of my professional development plan.

Aptitude: Develop my natural talents, and special abilities.

Attitude: I want to see a shift in my thinking and mind-set.

Step 3

Develop relationships with coworkers

This sector, which also deals with teamwork efforts, is one that I need to improve.

I must coordinate my Departmental and Team Goals.

I can improve my abilities by attending Workshops & Seminars that allow me to learn and organise development.

Gibson & Fraser (2014) has provided unique opportunities for me to volunteer.

Step Four

Problem Solving and Work Ethics

This section has given me high marks, but I still feel like I need to improve.

Latimer (2012): While my supervisor is encouraging in observing that I exhibit positive work ethics, I would rather focus on producing high quality work for my company, as well as my peers.

Step Five

Commitment to Company’s Mission, Vision & Values

My supervisor noticed that I had been consistently showing commitment to the organisation’s Mission, Vision and Values by my behavior, but his mark has not been very high.

This leads me to believe I need to demonstrate properly how I can represent the company’s mission, vision, and values through my interactions and interactions with the customers and suppliers as well as my coworkers.

Step Six

Everybody needs to continue to learn and to take corrective actions to fix any problems.

My future goal is actually to learn from my mistakes and turn them into opportunities and abilities that will improve my performance as well as the organization’s.

Ibp Inc. (2013) observed that I am engaged in tasks relevant to my professional acumen. This led my supervisor to suggest that I identify my long-term career goals.

Task – 2 : Option

A new client matter

Introduction

Effective File Management is a tool to ensure timely and efficient client service, and the management of client matters, in particular in the legal sector.

Implementing a File Management System allows for the maintenance of the key features of managing client matters. This also ensures that they comply with all regulatory requirements of the Registered Agent (RA), such as confidentiality and avoidance or conflicts.

According to Moens & Jones’ (2013) Code of Conduct, a better system is maintained by the RA. It allows for file opening and closure, conflicts checking, storage system, and storage system of data.

It is vital for the RA have systems, as detailed by MARA’s Code of Conduct Part-6.

You can retrieve and store information about your adversaries and clients.

All client files must be open and maintained.

Examine records for conflict.

You can check your records to see if there are any limitations.

Identify client’s property.

Clone, keep, or dispose-off closed documents, assertsLatimer. (2012)

Opening and maintaining the Active Client Files

A) Determining the Best Time to Open A File

Once a RA was retained, it must create a file as per Clause 6.1 of Code of Conduct to provide services for a new case pertaining to:

A new client.

The current clients.

The former clients.

This should be done by the RAs as soon as a new client contacts them. The RAs will then prepare a memorandum about their client. Gibson & Fraser (2014).

B) Naming and Coding Active Files

After receiving the retainer, RAs must create and maintain an information system for their clients.

As detailed in Clause 6.2 of the Code of Conduct, RAs should assign unique file names and numbers to every file.

This should include:

Name of the client.

A reference or matter number.

Storage of Active Client Files

RAs must keep separate storage systems for “Active Clients”, and “NonActive Clients” at all times for a minimum period not less than 7 years. See Clause 6.1A.

Clause6.4 says that it is easier than ever to create separate storage spaces for client files.

The RA must ensure that all documentation relating specifically to a client’s matter is kept in the client file. Richard (ed.) (2014).

If large firms have a separate department to handle this task, it is advisable that they implement training programmes for all office staff. This should emphasize the importance of client confidentiality.

Clark (2010) states that the RA should strictly enforce a Code of Confidentiality, as per Clause 6.2A. This is to avoid the inherent risk of not properly storing data or leaving files or diskettes which contain classified information openly on a desk.

According to Section 3 of the Rules for Code of Conduct, a RA or a large business is responsible for looking after a client’s property. The RA should act as a prudent owner in dealing with such property.

The RA or his staff must clearly identify the client’s property and label it. This will allow them to distinguish the property from their own or that of the firm.

Particular attention should be paid to clients’ property made up of

Original Wills

Powers of Attorney

Other valuable property of the client, such as Title Deeds and Securities. This information was provided by Ibp Inc. (2013).

Figure – 1 shows a flow chart that illustrates the steps needed to maintain a complete system of Client Matters.

Figure – 1: A flow diagram illustrating a complete system of maintaining client matters

Refer to

Cyber Law in Australia

Kluwer international law, Amsterdam

Gibson, A. and Fraser D. 2014. Business Law.

Pearson Higher Education AU French Forest, NSW.

Australia Business Law Handbook Volume 1, Strategic Information and Basic Laws.

Washington DC: Int’l Business Publications.

Australian Business Law 2012.

CCH Australia Limited Sydney (NSW).

Australian Government, Department of Immigration and Border Protection – Code of Conduct for Registered Migrant Agents

Moens, G. and Jones R. (eds) 2013. International Trade and Business Law Review Volume 10.

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