Office And Bailiff/indoor Training Regulations Kgav

Original Language Title: Kanzlei- und Gerichtsvollzieher/innen-Ausbildungsverordnung - KGAV

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374. Ordinance of the Federal Minister for Justice on the Basic Training for the Law Service of the Courts and Public Prosecutors as well as for the Judicial Enforcement Service (Registrar and Judicial Enforce/internal Training Ordinance-KGAV)

On the basis of § § 23 to 31 and 281 of the Civil Service Act 1979 (BDG 1979), BGBl. No. 333, as last amended by the Federal Law BGBl. I n ° 51/2012, and Section 67 of the Act of Law 1948 (VBG), Federal Law Gazette (BGBl). N ° 86, as last amended by the Federal Law BGBl. I No 35/2012, shall be arranged:

Section 1

General

Scope

§ 1. (1) This Regulation shall govern the basic training of

1.

the law service (remuneration group v4) in the offices (law firms) of the courts and prosecutors ' offices,

2.

the specialist service (remuneration group v3) in the offices (law firms) of the courts and public prosecutors ' offices,

3.

the bailiary/domestic service (remuneration group v4) and

4.

the courtrol/domestic service (remuneration group v3).

(2) In so far as the personal expressions used in this Regulation are not used in both forms, they shall include both women and men. The gender-specific form is also to be used in the application to certain persons.

(3) The references in this Regulation to other federal legislation are to be understood as references to the version in force in each case.

Objectives of basic training

§ 2. (1) The primary objectives of the basic training are to ensure that staff members, on the basis of the position of the judiciary in the state of the state, are

1.

to familiarist with the functions and functions of the judiciary in general, as well as with those of the courts and prosecutors in particular,

2.

To provide the necessary knowledge of the organisation and organisation of the courts and public prosecutors, as well as information technology applications in the judiciary (taking into account data security and data protection), and to as well as

3.

by integrating legal, social-communicative and practical content (including case studies) to provide the professional and practical knowledge, skills and skills as well as social skills, which are necessary for the quality of the tasks referred to in Article 1 (1) of this Regulation.

(2) With the greatest possible practical relevance in each case,

1.

the basic training for the v4 pay group as a priority to provide basic and basic knowledge, whereas

2.

the basic training of remuneration group v3 is to serve above all in deepening and broadening the knowledge of the principle and oversight.

(3) The training is based on a basic attitude of respect for human dignity, taking into account in particular the close connection between the conduct of judicial members in the context of personal, written or telephone contacts and the reputation of the judiciary; the training thus also contributes to the development of an "identity".

(4) The basic training courses are aimed at the teaching of technical and technical knowledge, as well as on the acquisition of methods and action knowledge in the sense of a practice-oriented as well as a service-and citizen-oriented approach. Education. In this context, taking into account scientific knowledge and methodologies, the professional skills and knowledge required for the performance of the tasks, which are of high quality, professional and responsible, and personal skills.

(5) The participants in the basic training courses are to be responsible for self-employment and cooperation; the aim is to promote personal learning management and self-employment in the acquisition of knowledge.

(6) The basic training is intended to promote the development of employees and to increase personal job satisfaction through action safety.

(7) Quality assurance must be carried out by means of regular evaluation.

Section 2

Organisation and design

Course Fulfillment

§ 3. (1) The training courses are provided by the President and/or to be set up by the President of the respective Higher Regional Court (in the law department, if necessary, also by the respective Chief Public Prosecutor's Office).

(2) In the interests of administrative simplification, the Federal Ministry of Justice can apply joint courses for both training courses and individual training modules for training participants from several Higher Regional Courts (Oberlandesgericht). or Order top prosecutors, each with their respective chairmen. a president of a Higher Regional Court or an upper prosecutor's office is charged.

(3) Even outside of joint courses referred to in paragraph 2, the allocation to a person by the President may, if necessary, be assigned with the consent of the Federal Ministry of Justice. take place by the President of another Higher Regional Court (from another Chief Public Prosecutor's Office).

(4) Admission requirements for a training course are in each case

1.

the planning, needs and appropriation of planning,

2.

the test and practice as defined in the following provisions:

Prerequisites.

(5) The basic training courses according to this Regulation are to be held in block form in principle; however, with the agreement of the Federal Ministry of Justice, training courses can be partially or completely also processed in modular form.

(6) The basic training courses shall be deposited within the time periods provided for in the provisions of § § 66 and 67 VBG.

(7) The trainees are obliged to take part in all courses of the respective training course. If a staff member has failed more than one third of the course hours, the admission to the respective course is to be revoked.

(8) Federal staff admitted to a basic training course shall be

1.

an employment ban under the maternity protection law 1979 (MSchG), BGBl. 221,

2.

a Karenz according to the MSchG, according to the Väter-Karenzgesetz (VKG-Karenzgesetz, VKG), BGBl. No. 651/1989, pursuant to Section 29b of the VBG in conjunction with Section 29b (4) (1), Section 29e (VBG) or Section 75 (1) BDG 1979 in conjunction with Section 10 (4) of the salary act 1956 (GehG), Federal Law Gazette (BGBl). 54,

3.

a part-time job according to the MSchG or the VKG,

4.

a reduction in the weekly service period in accordance with § 50b BDG 1979 or

5.

Early carency for fathers according to § 75d BDG 1979 or § 29o VBG

be prevented from taking part, they shall be admitted to the basic training course immediately following the completion of the periods of obstacle referred to in Z 1 to 5.

(9) The provisions of § § 11c and 11d of the Federal Equal Treatment Act, Federal Law Gazette (BGBl). No. 100/1993, and the Women's Promotion Plan for the Justice Department for the period ending 31 December 2016, BGBl. II No. 59/2012, in particular its § 7 on priority in education and training, is to be taken into consideration.

(10) With the consent of the Federal Ministry of Justice, in accordance with the conditions laid down by the Federal Ministry of Justice, the application for a free course of teaching and the economic, spatial and capacity conditions can be applied to their application.

1.

Judicial staff also outside basic training courses,

2.

Staff of other local authorities

to be allowed to participate in courses or parts of the courses provided for in this Regulation.

Number of hours and content of training

§ 4. (1) The order in which the Assets A list of the respective teaching and learning contents is merely a guideline, but no binding for the actual sequence of teaching, which is to be determined according to both didactical and practical aspects.

(2) With the agreement of the Federal Minister for Justice, the following can be obtained from pedagogical and didactical views:

1.

the reported number of hours

a)

in each subject and in each group of subjects by up to eight hours each,

b)

with regard to the total number of hours in each course by up to 10 vH

Above or below;

2.

In accordance with Z 1 new training contents are supplemented and training contents are modified.

(3) The total hourly dimensions shown in the annexes are to be available in an unbridled way and therefore do not include the time required for repeat courses, repeat blocks, preparatory course days as well as examinations, tests and examinations.

Workplace training

§ 5. As far as practical applications (training in the workplace) are put in place, the following:

1.

is responsible for the implementation of each of the the immediate supervisor;

2.

shall take account of periods of absence (such as holidays, sickness, employment, presence, training and civil service) in the calculation of the duration of each of the periods of no more than 15 working days;

3.

The period of part-time employment for the calculation of the duration of practical use in the extent of the respective level of employment is counted.

Pre-load

§ 6. (1) Special and pedagogically qualified staff of the Department of Justice, who also have the necessary personal and social competence, are to be used as presiders and trainers in the individual modules.

(2) The lecturers shall have written records of the achievements of the course participants and their cooperation during the course of the training course, which shall be recorded at the request of the President, or to the President of the Higher Regional Court (the Chief Prosecutor's Office).

(3) In accordance with the requirements of modern adult education, the lectures have to be developed regularly in accordance with the requirements of modern adult education, taking into account the current findings of adult pedagogy and learning psychology.

Didactics

§ 7. (1) The teaching of the teaching has to be done according to modern pedagogical and didactical aspects. The teaching material must be conveyed according to the state of the art in accordance with the practical requirements of the judicial service; it is necessary to take into account current developments in the field of pedagogy.

(2) The teaching is to be designed vividly and in the opposite direction and-as far as this is possible didactically and organisationally without endangering the security-is to be combined with practical exercises tunnically.

(3) Objects with information technology references (such as IT applications in the judiciary and justice-specific records) are-with special regard to the procedural rules applicable to procedural automation justice (VJ), as well as to teach the justice-specific layout specifications-using screen workplaces and usually in block form. Therefore, a training course is no longer to be assigned to participants than in the intended training facility for training purposes for training purposes.

(4) The training modules of the training course have to use all contemporary and practical forms of knowledge transfer.

(5) Insofar as this is appropriate, interactive teaching and learning methods (e-learning systems) can also be used in the design of the teaching. To the extent that the Federal Ministry of Justice in written form or by electronic means
(such as e-learning) training documents are to be made available, these are to be used.

(6) The content of training courses and curricula serves not only to impart knowledge but also in particular to deepen and prepare for examinations.

Section 3

Service Checks-General

Audit Commission

§ 8. (1) An examination board is to be set up for each Higher Regional Court (with regard to the Office of the Office, if necessary also with the respective Chief Public Prosecutor's Office).

(2) Chairperson of the Examination Committee is the President of the Commission. the President of the Higher Regional Court (or where appropriate, the head or the head of the Supreme Prosecutor's Office). The Federal Minister of Justice, after obtaining a proposal from the President, has of the President of the Higher Regional Court (the head of the The Head of the Public Prosecutor's Office) to appoint the alternate members and other members of the Examination Board for a period of five years, taking into account their professional and pedagogical qualifications.

(3) In addition to the judge/internal office, other members of the Examination Committee may also appoint qualified staff members of the Chairperson of the Board of Judges to appoint qualified staff members of the Board of Judges. A service or specialist service which has a number of years of professional experience in the field of justice, in particular in the area of training and further training.

(4) The membership of the Examination Committee ends with the departure from the personnel level of the judicial department. It rests on the day of the initiation of disciplinary proceedings pending its final conclusion, during the period of (provisional or provisional) proceedings (provisional or provisional). (a) suspension of the service, a leave of carence, the division of services to another office of the federal government outside the judicial department or in the case of an out-of-service position.

(5) In the event of a withdrawal of members, the Examination Committee may be supplemented by new members for the remainder of its function.

(6) The members of the Examination Committee shall be independent and independent in the performance of this Office.

Examination Senate

§ 9. (1) An examination senate (§ 29 BDG 1979) consists of three members of both sexes, namely:

1.

from the the Chairman of the Examination Commission or a Deputy and

2.

two other members, of whom at least one has to belong to the higher-level service or the specialist service.

(2) The selection of tasks for any practical tests shall be carried out by the respective person or the Chairman of the Examination Council or the Chairman of the Examination Council, -member of the Senate. The the chairman or the member appointed by him shall also ensure supervision in the case of practical tests and tests.

(3) The distribution of the test substance during the oral examination is the responsibility of the the Chairman of the Examination Council; the chairman can ask questions from the entire examination material, in each case in the scope of the course material.

Examination Rules

§ 10. (1) The knowledge and skills acquired in the respective basic training shall be demonstrated in the course of the official examinations.

(2) The oral examination parts of the service exams, except in the case of partial exams, are to be submitted in the form of an overall examination before the examination senate.

(3) For reasons of expediency, certain items (such as those relating to the information technology applications) may also be held as partial exams on the content of these training modules with the consent of the Federal Ministry of Justice. Such partial examinations can take place as a written examination, as a practical examination and/or as an oral examination and are in each case before a member of the examination board and/or the examination board. of the examination senate as a single examiner.

(4) The course of partial exams shall be one of the examiners. protocol to be prepared by the auditor, which is the is to be sent to the Chairman of the Audit Council. The test protocol shall indicate whether the partial examination is to be qualified as "passed", "passed with distinction" or "not passed".

(5) The assignment to the service examination shall be carried out by the President on the grounds of his/her own motion. the President of the Higher Regional Court, or by the respective Chief Public Prosecutor. The prerequisite for admission is the completion of all provided training modules and practical times by no later than the examination procedure.

(6) Admission to the oral part of the service examination can only take place after successful completion of all partial exams of the practical test.

(7) The service examination shall then be deemed to be successful if the oral examination, any practical tests, online tests and examination papers and, where appropriate, the partial exams have been passed.

(8) No overall exams, partial exams or tests can be repeated twice in each case. The reprobational period is to be around four weeks each. The second repetition of an overall or partial examination has to be carried out before an examination senate, under the chairmanship of the of the Chairman of the Commission on the Verification of Credentials.

(9) It is necessary to ensure that the practical test parts (online test, written examination) are also handled under appropriate supervision.

(10) After the successful completion of the service examination, the respective basic training is completed.

Benotung

§ 11. (1) The assessment and benotung of the respective service examination shall be carried out, including the results of any partial examinations. The overall result is to be assessed with "passed" (possibly with distinction from certain subject groups) or with "not passed".

(2) An assessment with the overall result "passed" requires that all online tests, written examinations, examinations and, where appropriate, partial examinations-in all subject groups-have been successfully completed.

Certificate

§ 12. (1) The passing of the service examination shall be carried out by the to issue a certificate from the Chairman of the Examination Commission ( Appendix 5 ), in which all groups of subjects are to be broken down in the service examination and any partial tests should be carried out. If necessary, the words "passed with distinction" are to be added to the subject group in question (Section 31 (5) BDG 1979). Any invoices (§ 30 BDG 1979) must be recorded; any practical uses shall be described in the following manner.

(2) The original of the certificate is the to be handed over to the training participant. A second copy of the certificate is to be taken together with all partial examination protocols and the results of any practical examination work in the personnel act.

Section 4

Design of the individual basic training

1. Subsection-Law Firm

Training course for the law office

§ 13. (1) The basic training for the law office (remuneration group v4) is by the President, respectively. The President of the Oberlandesgericht (Oberlandesgericht) (if necessary by the Public Prosecutor's Office) to set up and organise training courses.

(2) It is in principle to be completed by all v4 employees who are to be included in the courts and public prosecutors within the framework of a one-month service relationship on the sample (Section 4 (3) second sentence VBG). In these cases, the assignment to the training course takes place at the beginning of the service relationship on the sample. Place of service in the sense of travel fee rule 1955, BGBl. N ° 133, is the respective training place.

(3) If capacity problems arise during the completion of the training courses, the completion of the training can also take place in a later period, but at the latest within the one-year training phase (§ 66 para. 2 Z 3 VBG).

(4) In the training course, the Appendix 1 -from the point of view of the work in the law office-to the extent of the number of hours reported there, with the respective training objectives listed.

(5) The end of the course-before the final examination-forms a part of the teaching hours after Appendix 1 Non-recurring repetition rate of three training days.

Registral

§ 14. (1) The graduates of the training course are from the President and/or by the President of the Higher Regional Court (from the Chief Public Prosecutor's Office), which has organised the training course, in such a way as to ensure that such training is carried out in such a way as to ensure that the

1.

still within the service relationship on the sample in accordance with § 4 (3), second sentence, VBG or

2.

At the latest within the one-year training phase

can be stored.

(2) The examination shall be held as a practical and oral examination, and the practical and oral examination shall not, if possible, take place on the same day.

(3) The practical test must be taken as an online test and written examination at a work station; the examination should not take longer than two hours, and if possible six of the Appendix 1 shall include practical tasks.

(4) The oral examination shall include those in the Appendix 1 enumerated objects in the scope of the teaching material and the training objectives. It is to be held simultaneously with a maximum of five candidates.

(5) In accordance with the service requirements, parts of the oral examination may be filed in partial examinations.

2. Subsection-Law Firm Service

Training course for the law firm

§ 15. (1) The basic training for the law firm (v3) is

1.

as a training course (as far as this is didactically appropriate and organisationally possible, also in the form of a modular curriculum) and

2.

as practical use (training in the workplace)

in the form of

(2) It begins in principle with the first part of the training course, is continued with practical use and ends with the second part of the training course.

(3) At the end of the first part, the candidate in the course of the practical examination is an IT-based test (online test) and a written examination of the training contents of the Appendix 2 to complete.

(4) In so far as this is appropriate and in the interest of the service and the didactic interest, in coordination with the Federal Ministry of Justice for a course of study, a classification and sequence deviating from (2) and (3) may, if necessary, also be on the market.

(5) The practical use (training in the workplace) has to take about 180 working days. It shall, as far as possible, cover approximately a quarter in civil, ex-post, non-dispute and criminal divisions, where:

1.

the use in a criminal court shall be consistent with the use of a public prosecutor's office;

2.

before admission to the training course in a court or a public prosecutor's office, the (subordinated) service authority can be included in the practical use up to the maximum of 55 working days.

(6) For the first part, two repeat days are available, which are not included in the total number of hours.

(7) The contents of the course in the second part of the course of training serve not only to impart knowledge, but also, in particular, to deepen and prepare for the exam ("preparatory course"). The repetition of the IT content takes place within the framework of the preparatory course days for the respective subject matter. The time of this usually three-day repeating block is not to be included in the total number of hours.

(8) The training courses shall be established as necessary and in any case in such a way as to ensure that any contract staff member who has undertaken to complete the basic training provided for in this Regulation in the contract of employment shall within the agreed time limit can be set back.

(9) The prerequisite for admission to the training course is a successful completion of the training course.

1.

basic training for the v4 remuneration group in accordance with this Regulation; or

2.

Basic training according to the ordinances of the Federal Minister of Justice on the basic training for the law office (remuneration group v4) in the offices (law firms) of the courts and public prosecutors, BGBl. II No 124/2005; or

3.

Basic training according to the ordinances of the Federal Minister of Justice on the basic training for the use group D in the offices (law firms) of the courts and public prosecutors, BGBl. No 183/1987; or

4.

'First Law Firm' according to the rules of the German Law Gazette, RGBl. No 170/1897; or

5.

Basic training, which is regarded as equivalent by the (subordinated) service authority with the approval of the Federal Ministry of Justice (§ 30 BDG 1979).

(10) In detail, the training course is the one in the Appendix 2 shall be informed in accordance with their meaning for the technical service and in the extent of the number of hours shown there for the parts of the course, together with the above-mentioned training objectives.

Registral's examination

§ 16. (1) Requirements for admission to the examination of the law-conducting examination are:

1.

practical use on a fixed scale, and

2.

the completion of the training course.

(2) The graduates of the training course are from the President and/or To be assigned to the law-conducting examination by the President of the Higher Regional Court (from the Chief Public Prosecutor's Office), who (who) has organised the training course.

(3) The examination is to be considered as a practical and as an oral examination.

(4) The practical examination must be taken as an online test and as a written examination; the written examination should not take longer than two hours and shall have as five as possible in the Appendix 2 shall be included in the practical tasks. The examination tasks of the practical examination are to be distributed in such a way that all practical tasks enumerated are to be made at every examination date (with at least three candidates).

(5) The oral examination shall include those in the Appendix 2 enumerated objects in the scope of the teaching material and the training objectives. It is to be held simultaneously with a maximum of five candidates.

(6) In accordance with the service requirements, part of the oral examination may be filed in a partial examination.

3. Subsection-Jurisdiction and internal service

Training course for the courtrol/domestic service

§ 17. (1) The basic training for the Judicial Enforcement (v4) is divided into two
-about the same length of courses, between which the practical use (par. 4) is to be completed.

(2) The end of the second part of the course is a repetition rate of three days prior to the Commission's examination.

(3) Insofar as this is appropriate and in the interest of the service and didactic interest, in coordination with the Federal Ministry of Justice for a course, a classification and sequence deviating from (1) and (2) may also be determined. .

(4) The practical use (training in the workplace) has to take 150 working days. It is to be returned to about a third in an executive branch of a district court and to about two-thirds in the bailift/domestic service; prior to admission to the training course in an executive branch of a district court Service periods completed may be included in the (subordinated) service authority up to the maximum of 60 working days.

(5) The training courses shall be established as necessary and in any case in such a way as to ensure that any contract staff member who undertakes to complete the basic training provided for in this Regulation in the contract of service shall, within the Take a one-year training period provided for in the service.

(6) A prerequisite for admission to the training course is a successfully completed

1.

basic training for the v4 remuneration group (the law service) in accordance with this Regulation; or

2.

Basic training according to the ordinances of the Federal Minister of Justice on the basic training for the law office (remuneration group v4) in the offices (law firms) of the courts and public prosecutors, BGBl. II No 124/2005; or

3.

Basic training according to the ordinances of the Federal Minister of Justice on the basic training for the use group D in the offices (law firms) of the courts and public prosecutors, BGBl. No 183/1987; or

4.

'First Law Firm' according to the rules of the German Law Gazette, RGBl. No 170/1897; or

5.

Basic training, which is considered equivalent by the subordinated service authority with the approval of the Federal Ministry of Justice (§ 30 BDG 1979).

(7) In the training course, the Appendix 3 -to the extent that they are of importance for the court-enforcement service-to the extent of the number of hours shown there, together with the above-mentioned training objectives.

Court enforcator/internal audit

§ 18. (1) The graduates of the training course are from the President and/or by the President of the Higher Regional Court, the who has organized the training course, to be assigned to the court-enforcement/internal audit.

(2) The court-enforcement/internal examination must be carried out as a multi-tier examination, consisting of an online test, a written examination and an oral examination. The first part of the course is to be completed with an intermediate-level course on the subjects taught. The online test and the written examination are to be completed at the latest at the end of the second part of the course and before the oral examination, which is to be completed at the end of the second part of the course.

(3) The practical test parts (online test and written examination) must be completed at workstations and should not last longer than three hours; the examination should, as far as possible, be four to five of the following: Appendix 3 shall include practical tasks.

(4) Immediately before the oral court-enforcement/internal examination, the respective President shall be responsible for the to hold a three-day repetition rate (repeat block) from the respective President of the Higher Regional Court, in which all the graduates of the training course assigned to the oral examination are to participate.

(5) Requirements for admission to oral court-enforcement/internal examination are:

1.

the completion of the practical examination,

2.

the completion of practical use on a fixed scale; and

3.

the completion of the training course.

(6) The oral examination shall include those in the Appendix 3 enumerated objects in the scope of the course material. It is to be held simultaneously with a maximum of four candidates.

(7) The service examination shall then be deemed to be successful if all the parts of the examination of the first and second parts of the course have been passed.

4. Subsection-Jurisdiction and Internal Service

Training course for the Courts of Courts/Internal Services

§ 19. (1) The basic training for the Judicial Enforcement (v3) is to be designed as a practical application (training in the workplace) and as a training course (as far as this is possible and appropriate, in the form of a modular curriculum).

(2) It begins with a practical use (paragraph 1). 4), will continue with the training course and end with the mission examination. The end (prior to the Commission examination) forms a repeat course not to be calculated in the training hours, to the extent of three training days.

(3) Insofar as this is appropriate and in the interest of the service and didactic interest, in coordination with the Federal Ministry of Justice for a course, a classification and sequence deviating from (1) and (2) may also be determined. .

(4) The practical use (training in the workplace) has to last at least one year. It shall be returned to the BDG 1979 as a practical use within the meaning of Z 3.20 of Annex 1 to the Coursecare Service. The statutory requirements for the transfer of information, in particular according to the cited provision, remain unaffected by this.

(5) The training courses are to be set up as required in such a way that each bailier/bailiar in the remuneration group v4, the which is authorised by the service authority for the basic training provided for in this Regulation, can be completed within the framework of the two-year training period required by law for the professional service.

(6) A prerequisite for admission to the training course is a successfully completed

1.

basic training for the v4 pay group (course/domestic service) in accordance with this Regulation (including the practical use required thereafter); or

2.

Basic training according to the regulation of the Federal Minister of Justice, BGBl. II n ° 93/2007, on the basic training of the judicial service (remuneration group v4; including the practical use required thereafter); or

3.

Basic training following the instructions of the Federal Minister for Justice, JOJ L 327, 28.4.2002, p. No 1/1924, on the examination of the execution of a service post of the foreclosure service; or

4.

Basic training, which is in the period of 1. Jänner 2005 to 30 April 2007 with the appropriate application of the service directive JOJ L 327, 28.04.2007, p. No 1/1924 was filed (§ 9 para. 3 BGBl. II No 93/2007); or

5.

Basic training, which was recognized by the following service authority with the approval of the Federal Ministry of Justice as equivalent (§ 30 BDG 1979).

(7) In the training course, the Appendix 4 , to the extent of the specified number of hours, with the above-mentioned training objectives and, in accordance with their importance, to inform the Courts of Courts and Internal Services.

Court enforcator/internal examination

§ 20. (1) The court-enforcement/internal examination is to be considered as a practical and as an oral examination.

(2) The graduates of the training course are from the President and/or by the President of the Higher Regional Court, the who has organized the training course, to be assigned to the court-enforcement/internal examination.

(3) Requirements for admission to the Courts of Courts/Examination of the Courts are:

1.

the practical use in the specified minimum amount; and

2.

the completion of the training course.

(4) The practical test is to be taken as an online test and as a written examination at a work station. It should not last longer than five hours and has to be taken from the Appendix 4 include a task after Z 1, and shall include three to five of the other tasks. The examination tasks of the practical examination are to be distributed in such a way that all practical tasks enumerated are to be made at every examination date (at least three candidates).

(5) Immediately before the oral examination of the oral court, the respective President of the Court of Justice shall be responsible for the examination of the proceedings. to hold a repeat course (repeat block) from the respective President of the Higher Regional Court, in which all the graduates of the training course assigned to the oral examination have to participate.

(6) The oral examination shall include those in the Appendix 4 enumerated objects in the scope of the course material. It is to be held simultaneously with a maximum of five candidates.

(7) The service examination shall be deemed to be successful if the practical examination (online test and written examination) as well as the oral examination were passed.

Section 5

Other provisions

Training controlling and quality assurance

§ 21. (1) The actual training has to be checked by the service authorities for their effectiveness. The results of this review shall be documented.

(2) The training controlling also includes the evaluation of the work of the members. In addition to the evaluation by means of questionnaires, suitable measures for this purpose are, for example, the observation and documentation of the training steps.

Credits

§ 22. (1) For reasons of expediency, it is also possible, with the consent of the Federal Ministry of Justice, to use training modules organized by other federal services or by facilities outside the federal government.

(2) The successful visit of such training modules can be credited to the basic training in accordance with the principles of § 30 BDG 1979. The bill is subject to approval by the Federal Ministry of Justice. Before taking any account, the respective service authority shall carry out an equivalence and expediency assessment.

Special arrangements for staff from other planning areas

§ 23. Staff of the Supreme Court and the General Procurature, as well as, where applicable, the planning offices of the BMJ Central Management and the Courts of Justice are one of the President's by the President of a Higher Regional Court (or to assign training courses organized by an upper prosecutor's office.

Basic training for staff in other areas of administration

§ 24. (1) Staff from other areas of the administration who have completed a basic training in connection with their previous use and, furthermore, the service examination of the basic training

1.

for the law service (remuneration group v4) in accordance with this Regulation; or

2.

according to the ordinances of the Federal Minister of Justice on the basic training for the law office (remuneration group v4) in the offices (law firms) of the courts and prosecutors, BGBl. II No 124/2005; or

3.

according to a training scheme which is regarded as equivalent in coordination with the Federal Ministry of Justice (§ 30 BDG 1979)

, the provisions of the second sub-section of this Regulation shall be applied in accordance with the conditions laid down in the following:

-

the practical use for the law-management service has to last at least 80 working days, with as much as possible before the beginning of the training course to be completed and the respective practical training stations with regard to the training courses in question the view to be used;

-

the training course can be carried out in one piece or in a modular way;

-

the examination of the service is to be carried out in partial examinations and an authorisation can already be carried out before the practical use is completed;

-

the basic training and the (partial) exams at least those in the Appendix 2 In the case of Z 2, 3, 4, 9 and 11 as well as-but only with regard to the specific provisions-Z 12, the content of the training and examination shall be included and, in addition, the specific uses defined for the envisaged use content of training and examination;

-

the tasks of the practical examination ( Appendix 2 ) be subject to the appropriate use of the envisaged use;

-

the certificate of service ( Appendix 5 ) only to contain the actual content of training and examination.

(2) Other accounting possibilities (§ 30 BDG 1979) in coordination with the Federal Ministry of Justice remain unaffected.

(3) If staff who have completed a field-specific basic training as referred to in paragraph 1 are to be assigned in another business division a use in the specialist service of the offices (law firms) of the courts and public prosecutors to complete a corresponding additional training and additional examination under the appropriate application of paragraph 1.

6.

Closure and transitional provisions

§ 25. (1) This Regulation shall enter into force on 1 December 2012.

(2) The entry into force of this Regulation shall be repealing:

1.

the Federal Minister of Justice's regulation on basic training for the law service (remuneration group v4) in the offices (law firms) of the courts and public prosecutors, BGBl. II No 124/2005, as amended by the BGBl Regulation. II No 177/2008;

2.

the Federal Minister of Justice's regulation on basic training for the specialist service (remuneration group v3) in the offices (law firms) of the courts and prosecutors ' offices, BGBl. II No 482/2005, as amended by the BGBl Regulation. II No 200/2010;

3.

the Ordinance of the Federal Minister of Justice on the Basic Training for the Judicial Enforcement Service in the remuneration group v4 (Court of Enforcement Training Ordinance-v4), BGBl. II No 93/2007;

4.

the Regulation of the Federal Minister of Justice on the Basic Training for the Judicial Enforcement Service in the remuneration group v3 (Court vollzieher-Ausbildungsverordnung-v3), BGBl. II No 94/2007.

(3) Replace it with the following successfully completed basic training (without prejudice to any further possibilities of credit according to § 30 BDG 1979), the basic training according to the present Regulation:

1.

Law Service (v4):

a)

Basic training according to the ordinances of the Federal Minister of Justice for the law office (remuneration group v4) in the offices (law firms) of the courts and prosecutors, BGBl. II No 124/2005, as amended by the BGBl Regulation. II No 177/2008; or

b)

Basic training according to the regulation of the Federal Minister of Justice for the use group D in the offices (law firms) of the courts and prosecutors ' offices, BGBl. No 183/1987; or

c)

'First Law Firm' according to the rules of the German Law Gazette, RGBl. No. 170/1897.

2.

Registral's Service (v3):

a)

Basic training according to the ordinances of the Federal Minister of Justice for the Specials Service (remuneration group v3) in the offices (law firms) of the courts and public prosecutors, BGBl. II No 482/2005, as amended by the BGBl Regulation. II No 200/2010; or

b)

Basic training according to the regulation of the Federal Minister of Justice on the basic training for the use group C in the offices (law firms) of the courts and prosecutors ' offices (BGBl. No 182/1987); or

c)

'Grundbuchsführerprüfung' according to the rules of the German law, RGBl. No. 170/1897.

3.

Court enforcator/domestic service (v4):

a)

Basic training according to the ordinance of the Federal Minister of Justice for the Judicial Enforcement Service in the remuneration group v4 (Court of Enforcement Training Ordinance-v4), BGBl. II No 93/2007; or

b)

Examination of the Court of Justice following the instructions issued by the Federal Minister of Justice for the examination of the execution of a service post of the Enforcement Service, JOJ L 327, 30.4.2004, p. No 1/1924; or

c)

in the period of 1. Jänner 2005 to 30 April 2007 with the appropriate application of the service directive JOJ L 327, 28.04.2007, p. No. 1/1924. Basic training laid down (§ 9 para. 3 BGBl. (II) No 93/2007).

4.

Court enforcator/internal service (v3):

a)

Basic training according to the ordinance of the Federal Minister of Justice for the Judicial Enforcement Service in the remuneration group v3 (Court Enforcement Training Ordinance-v3), BGBl. II No 94/2007; or

b)

Basic training according to the regulation of the Federal Minister of Justice, BGBl. No. 507/1973, which regulates the training of the Court of Enforcement Examination and the Court of Enforcement Examination.

(4) Practised periods, partly or fully completed before the entry into force of this Regulation, as well as training courses, course parts and training modules, shall be in consultation with the Federal Ministry of Justice, on the basis of the present Regulation provided for in-practice periods and training (§ 30 BDG 1979). There is no change in legal requirements (such as the provisions of Z 3.20 of Appendix 1 to the BDG 1979). Basic training courses that have already begun before the entry into force of this Regulation can be concluded in accordance with the provisions which have been applied to date, in consultation with the Federal Ministry of Justice.

(5) Insofar as examination commissions have been set up in accordance with the regulations referred to in paragraph 1, they shall be deemed to have been appointed as examination commissions in accordance with this Regulation until the end of the intended term of office.

Karl