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SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD THAT HAS PASSED THE END DATE: 

Guide complainants involved in domestic violence matters 
SAQA US ID UNIT STANDARD TITLE
123227  Guide complainants involved in domestic violence 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  6 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Passed the End Date -
Status was "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 equip court-based learners with the knowledge and skills needed to provide legal guidance to parties involved in or affected by domestic violence, thereby enhancing the capacity of the justice system to provide effective services to people in domestic violence situations.

Learners credited with this unit standard will be able to:
  • Explain the procedural steps a complainant must undertake to apply for or enforce a protection order.
  • Guide complainants on the remedies available to them in terms of the Domestic Violence Act.
  • Explain the procedural steps a complainant must take to validate and or vary a protection order.
  • Refer domestic violence complainants to other service providers. 
    		•

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

    UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Explain the procedural steps a complainant must undertake to apply for or enforce a protection order. 
    OUTCOME RANGE 
    The procedural steps must include those contained in sections 4, 5, 6, 8 and 10 of the Domestic Violence Act no 116 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Assistance provided by the justice system in domestic violence situations is explained in order to inform court users. 

    ASSESSMENT CRITERION 2 
    The legal nature of a protection order and the difference between an interim and final protection order is explained in order to inform court users. 

    ASSESSMENT CRITERION 3 
    The nature and function of suspended warrants of arrest is explained in order to inform court users. 

    ASSESSMENT CRITERION 4 
    The purpose of a return date and the implications of both parties not attending court on that date are explained in the context of the Domestic Violence Act. 

    ASSESSMENT CRITERION 5 
    Methods of service of a protection order are explained by way of role play. 
    ASSESSMENT CRITERION RANGE 
    Different methods of service to include sheriffs, peace officers and clerks of the court.
     

    ASSESSMENT CRITERION 6 
    Procedural steps a person must take when a protection order is not obeyed are explained in a given case study. 

    SPECIFIC OUTCOME 2 
    Guide complainants on the remedies available to them in terms of the Domestic Violence Act. 
    OUTCOME RANGE 
    Remedies to be covered must include those contained in section 7 of the Domestic Violence Act no 116 of 1998. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Restrictions on contact that can be placed on the other party by a protection order are analysed in order to inform court users. 

    ASSESSMENT CRITERION 2 
    Remedies available if a complainant shares a residence with the other party are examined in order to inform court users. 

    ASSESSMENT CRITERION 3 
    Remedies to seize dangerous weapons from the other party are analysed in the context of domestic violence. 

    ASSESSMENT CRITERION 4 
    Financial arrangements, including emergency monetary relief, are explained in order to inform court users. 

    ASSESSMENT CRITERION 5 
    Specific provisions enabling the removal of personal belongings from a place of residence are explained in the context of protection orders. 

    ASSESSMENT CRITERION 6 
    Use of protection orders are analysed in relation to issues regarding children and other dependents. 

    SPECIFIC OUTCOME 3 
    Explain the procedural steps a complainant must take to validate and or vary a protection order. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    Steps to initiate the service of a protection order on another party are explained in order to facilitate legal service of documents. 

    ASSESSMENT CRITERION 2 
    The role of the warrant of arrest in ensuring personal safety is defined to inform court users. 

    ASSESSMENT CRITERION 3 
    Procedures to be followed on the return date in court, who may accompany court users and what will be expected of them during the proceedings, are examined in the context of the Domestic Violence Act. 

    ASSESSMENT CRITERION 4 
    Legal consequences of the non-appearance of the other party on the return date is defined in the context of the Domestic Violence Act. 

    ASSESSMENT CRITERION 5 
    Steps necessary to change or alter the contents of a protection order are explained in order to inform court users. 

    SPECIFIC OUTCOME 4 
    Refer domestic violence complainants to other service providers. 

    ASSESSMENT CRITERIA     

    ASSESSMENT CRITERION 1 
    The role of government departments and non-governmental service providers in addressing people's needs following exposure to domestic violence is analysed with examples. 
    ASSESSMENT CRITERION RANGE 
    People's needs include the need for acknowledgement, understanding, practical needs, emotional needs and the need for information and contact with the Criminal Justice System. Specific needs of vulnerable and marginalized groups such as mentally and physically disabled people should be highlighted.
     

    ASSESSMENT CRITERION 2 
    The concept of secondary victimisation is defined in order to identify strategies to reduce this occurrence in the criminal justice system. 
    ASSESSMENT CRITERION RANGE 
    Secondary victimisation refers to victimisation that occurs not a result of the crime but where people who have experienced a traumatic event are treated with disrespect by service providers, other helpers or the media.
     

    ASSESSMENT CRITERION 3 
    The role of the police in domestic violence matters is explained in order to inform court users on interaction with the police. 
    ASSESSMENT CRITERION RANGE 
    Advice to court users must include which police station to visit, what assistance can be requested at the police station and how to remain in contact with the police, if necessary.
     

    ASSESSMENT CRITERION 4 
    Methods to determine whether a protection order has been served on another party are applied in a given case study. 

    ASSESSMENT CRITERION 5 
    Available support services are reviewed in order to inform court users. 


    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 
  • Procedures to initiate or enforce protection orders.
  • Methods of referral to other service providers.
  • Methods to advise complainants on legal remedies in domestic violence.
  • Procedural steps to validate and or vary protection orders. 
    		•

    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 analyse domestic violence problems and to assist people in high-risk relationships to identify a legal course of action. 

    UNIT STANDARD CCFO WORKING 
    Learners have acquired the generic ability to understand the supporting roles of inter-sectoral service providers and to refer people with domestic violence problems for assistance. 

    UNIT STANDARD CCFO COLLECTING 
    Learners have acquired the generic ability to collect and organise information about court users' domestic violence problems and to facilitate an accurate diagnosis of their legal situation on the basis of this information. 

    UNIT STANDARD CCFO COMMUNICATING 
    Learners have acquired the generic ability to explain legal terms and concepts to members of the public with domestic violence queries and problems. 

    UNIT STANDARD CCFO DEMONSTRATING 
    Learners have acquired the generic ability to understand the delivery of domestic violence services as part of a larger system of state intervention to protect people in society. 

    UNIT STANDARD CCFO CONTRIBUTING 
    Learners have acquired the generic ability to explain legal concepts and terms in plain language to people facing domestic violence and to assist them to take legal action so as to improve the protection of vulnerable people in South Africa. 

    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 domestic violence 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  50265   National Certificate: Family Law Practice  Level 5  Level TBA: Pre-2009 was L5  Passed the End Date -
    Status was "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. Department Of Justice (head Office) 


    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.