Change The Office And Bailiff/indoor Training Regulation

Original Language Title: Änderung der Kanzlei- und Gerichtsvollzieher/innen-Ausbildungsverordnung

Read the untranslated law here: http://www.ris.bka.gv.at/Dokumente/BgblAuth/BGBLA_2013_II_203/BGBLA_2013_II_203.html

203. Regulation of the Minister of Justice, with the Office of bailiff/indoor training regulation change the

On the basis of sections 23 to 31 and 281 of the official service law in 1979, BGBl. No. 333, as last amended by Federal Law Gazette I no. 120/2012, and of section 67 of the contract staff Act 1948, BGBl. No. 86, as last amended by Federal Law Gazette I no. 120/2012, is prescribed:

The regulation of the Minister of justice through the basic training for the law firm service of courts and public prosecutor's offices changed as well as for the bailiff/Office (Office and bailiff/indoor training regulation KGAV), Federal Law Gazette II No. 374/2012, as follows:

1. According to article 16, the following article 16a and heading is inserted:

"Additional training for use in the judicial service centre

section 16a. (1) a permanent use relies on a workstation in a judicial service center (JSC) - in addition to the appropriate professional and personal suitability - the successful completion



1 professional service quality basic education under the present regulation or after equal program provisions for the law firm professional service (§ 25 paragraph 3 No. 2) as well as 2 of the following closer-regulated additional training curriculum (ZAC) covering a) communication and customer contacts, b) practical issues in customer-oriented areas, c) information technology applications in the judiciary, d) authority structure and responsibilities, as well as e) foreign language ahead.

(2) the staff of the technical service, aspiring not merely temporary use in a JSC, have a ZAC amounting to a total of 16 training days (including the repeat examination and reflection days) with eight hours before an entrustment to a workplace in a JSC in accordance with the following provisions to complete.

(3) the ZAC can be performed modular or in block form, if necessary, as well as for participants from different behavior or upper prosecution districts.

(4) in particular, the ZAC includes more detail in the following listed items and training content to the extent of the designated hours aiming to training to deepen the knowledge acquired in the course of training for the law firm professional service and capabilities with regard to the specific requirements in a JSC:



1. communication and customer contacts (3 days of training, 1 repeat - and reflection day) a) communications with parties and party representatives, b) communication disorders and their management, c) behave in conflict situations, d) behavior with stress, e) de-escalation and de-escalation strategies, as well as f) time management and classification;

2. practical issues in customer-oriented areas (3 days of training, 1 repeat and test day) a) except military and family law, b) civil and execution law, c) land and companies register as well as d) criminal and penitentiary law.

3. information technology applications in the judicial system (3 days of training, 1 repeat and test day) a) network justice and procedures automation justice, b) more detailed information from each IT application of Justice, c) current technical developments and new applications in the information and communications technology, as well as d) data protection and data security;

4. authority structure and responsibilities (one and a half days of training, a half of re and exam day) a) structure and organisation of the courts and Prosecutor authorities, b) roles and responsibilities of justice institutions in the survey, c) roles and responsibilities of the Federal Ministry of Justice in the overview, d) tasks of the administration of Justice in the overview, e) gave up the administrative authorities outside the judicial overview, f) tasks of administrative courts in the overview and g) examples of jurisdiction boundaries between these areas;

5. foreign language (one and a half days of training, a half of re and reflection day) a) settlement discussions with non-German speaking people and b) justice-specific terms in English.

(5) the training shall, unless this is organizationally feasible and viable while maintaining the personal sphere of the training participants to perform with maximum practical relevance.

(6) over the in para 1 subpara 2 lit. b to d (or in subsection 4 Z 2-4) indicated areas of ZAC are to acquire three exams in accordance with the provisions of this regulation and of the Federal Ministry of Justice as a whole, with oral examinations as well as practical tests (in paper form or online test) into account. With regard to the training content according to para 1 subpara 2 lit. a and e (or according to par. 4 Z 1 and 5) are to hold a half repeat and reflection days instead of tests together. In addition the provisions of this Regulation shall apply for the Organization and conduct of the ZAC mutatis mutandis, not before tests take place, but inspecting parts each, be removed from the or the speakers (or suitable persons designated by the Ministry of Justice for this purpose). If necessary, supplementary provisions to meet are from the Federal Ministry of Justice.

(7) the ZAC is considered as successfully completed, if



1. all three tests have been successfully completed and 2. with regard to the areas referred to in para 1 subpara 2 lit. a and e (or paragraph 4 Nos. 1 and 5) in total one and a half repeat and reflection days were visited.

Exams can be repeated twice after no. 1 with the second repetition of a test Senate to take place (section 31, paragraph 7 BDG 1979). An examination Senate for the registry examination is responsible in this case. The successful completion of the entire ZAC it must be stated in a certificate.

(8) as noted in the framework of general education is to take into account in particular the requirements of the judicial and Prosecutor practice, the educational requirements and the principles of economy, efficiency and expediency in the Organization and implementation of ZAC.

(9) for the purposes of paragraph 8 is in particular by appropriate education and training



1. the other areas of the position of Justice and 2 the Federal Government outside of Justice (how about the Management Academy of the Federal Government) to the maximum extent possible use to make; on this aspect, especially careful is also in the selection of lecturers to take.

(10) with the approval of the Federal Ministry of Justice BDG can be applied by the service authority in accordance with of article 30 1979 wholly or partly on the respective areas of the ZAC:



1 training successfully completed. outside basic education for the remuneration groups v4 and v3 training parts or other training experience, and 2. in the context of seminars and other training events (within or outside the justice, as, for example, at the Management Academy of the Federal Government) successfully completed additional training, and even if they were visited before the start of basic training for the remuneration group v3.

This is to determine whether and to what extent this replaces elements of the ZAC. The contents of the charged part area not to subject of a part of examination to make is in the case of a credit transfer.

The following paragraph 6 is added to § 2. 25:

"(6) § 16a in the version of regulation BGBl. II Nr 203/2013 1 September 2013 with the proviso into force, for staff who are directly involved, there is no obligation to take the ZAC, to the date of application with a weighted workplace in a JSC but if necessary a participation and completion of parts thereof within the framework to to enable the training."

Karl