482. Ordinance of the Federal Minister for Justice on the basic training for the specialist service (remuneration group v3) in the offices (law firms) of the courts and public prosecutors

On the basis of § § 23 to 31 and 281 of the Civil Service Act 1979, BGBl. No. 333, as last amended by the Federal Law BGBl. I n ° 80/2005, and Section 67 of the Act on the Law of the Contract 1948, BGBl. N ° 86, as last amended by the Federal Law BGBl. I No 80/2005, shall be:

Scope

§ 1. (1) This Regulation governs the basic training of the specialist service (remuneration group v3) in the offices (law firms) of the courts and public prosecutors.

(2) The personal expressions used in this Regulation shall include both women and men. The gender-specific form is to be used in the application to certain persons.

Objectives of basic training

§ 2. The primary objectives of basic training are:

1.		to provide the knowledge required for the quality of the performance of the duties of the law-making service,
2.		to familiarize the staff with the service in the Department of Justice in general and in the field of professional service of the law firms of the courts and public prosecutors in particular; and
3.		to deepen the necessary knowledge of the establishment and the organisation of the courts and public prosecutors, including information technology applications.

Design of basic training

§ 3. (1) Basic training is to be designed as a training course in block form and as a practical application (training at the workplace).

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

(3) The training modules of the training course have to use all contemporary and practical forms of knowledge transfer, in particular also e-learning systems.

Pre-load

§ 4. (1) Special and pedagogically qualified staff of the Department of Justice, who have the necessary personal and social competence, shall be used as the presenter and trainer 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 submitted at the request of the President of the Oberlandesgericht.

(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.

Training course

§ 5. (1) The training courses shall be established by the President of the Higher Regional Courts as required and in any case in such a way that each contract staff member of a court or a public prosecutor's office who is in the service contract for the completion of the Basic training pursuant to this Regulation shall be able to cover it within the agreed time limit.

(2) The prerequisite for admission to the training course is

1.		the successfully completed 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 prosecutors, BGBl. II No 124/2005, or
2.		the successfully completed basic training according to the regulation 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
3.		the successfully completed 'first law audit' in accordance with the German law on the German law on the law of the law, RGBl. No. 170/1897.

(3) No more participants are to be assigned to a training course than in the intended training facility, screen workplaces are available for training purposes.

(4) If necessary, the Federal Ministry of Justice must have the approval of a training course organised by the President of another Higher Regional Court.

(5) In the course of the training course, the items listed in Appendix 1-to the extent that they are of importance to the specialist service-shall be in the scope of the hourly numbers shown separately for the first and second part of the training course, together with the in each of the above mentioned training objectives.

(6) If a staff member has failed more than one third of the course hours, the admission to the course shall be revoked.

Design of the lesson

§ 6. (1) The design of the course must be based on modern pedagogical and didactic points of view. To the extent that this is appropriate, e-learning systems are also to be used.

(2) The teaching is to be combined with practical exercises, at least in the items listed in Appendix 1, Z 2 and 4 to 11, in any case.

(3) The subject matter 'Information technology-applications of justice' (Annex 1, Z 9) is, with particular regard to the procedural rules applicable to procedural automation justice, exclusively using the It is possible to teach screen workstations in block form in a tunable manner.

(4) At the end of the first part, the candidates must undergo an IT-supported test (online test) and a practical examination of the training contents of the first part.

(5) The contents of the course in the second part of the training course are, in addition to the knowledge transfer, in particular also the deepening and the preparation of the exam ("preparation days"). The repetition of the IT content takes place within the framework of the preparation days for the respective subject matter.

Practical use

§ 7. (1) The practical use (training in the workplace) has to take 180 working days. It is to be returned to a quarter in civil, ex-repute, out-of-dispute and criminal divisions. Use in a criminal court shall be the same as being used with a public prosecutor's office.

(2) The training in the workplace shall be the responsibility of the immediate supervisor.

(3) absences (holidays, sickness, employment, presence, training and civil service and the like) shall be taken into account in the calculation of the duration of practical use to the extent of no more than 15 working days.

(4) The period of parttime employment shall be counted for the calculation of the duration of practical use in the extent of the respective level of employment.

(5) Prior to the admission to the training course in a court or a public prosecutor's office, the President of the Higher Regional Court can count on the practical use up to the maximum of 45 working days. .

Subject Service Review

§ 8. (1) Requirements for admission to the technical service examination are:

1.		practical use in the extent and in accordance with paragraph 7 of this Article; and
2.		the completion of the training course according to § 5.

(2) The graduates of the training course are to be assigned by the President of the Higher Regional Court, who has organized the training course, for the technical service examination.

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

§ 9. (1) The online test and the practical test shall be taken as written examination at a work station; the practical test shall not exceed two hours and shall include five of the tasks referred to in Appendix 2.

(2) The examination tasks of the practical examination shall be distributed in such a way that each examination date (with at least three candidates) shall be carried out in accordance with all the tasks listed in Appendix 2.

(3) The oral examination shall include the items listed in Appendix 1 to the extent of the teaching material and the training objectives. It may be held concurrently with a maximum of four candidates.

(4) According to the provisions of Section 13 (2), part of the oral examination may be filed in a partial examination.

Benotung

§ 10. The examination of the technical service is carried out with the inclusion of the results of an all-due partial examination. The overall result is to be assessed with "passed" (possibly with distinction from certain items) or with "not passed".

Audit Commission

§ 11. (1) Each Oberlandesgericht (Oberlandesgericht) is responsible for the establishment of an Examination Commission.

(2) Chairman of the Examination Board is the President of the Higher Regional Court. After having received a proposal from the President of the Higher Regional Court, the Federal Minister for Justice, the Federal Minister for Justice and the other members of the Examination Committee, has been appointed for their professional and pedagogical qualification. to the duration of five years.

(3) In addition to the judge's office, other members of the Examination Committee may also appoint officials of qualified staff to appoint qualified staff members of the Examination Board, who shall also be appointed officers of the Salary Service, who shall be responsible for the duties of the President. Several years of experience in the field of justice administration.

(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 karate leave, the division of the service to another federal office outside the department of justice 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

§ 12. (1) The Examination Senate (Section 29 (4) and (5) of the Official Services Act 1979, BGBl. No. 333) shall consist of the Chairperson of the Examination Commission or one of his/her alternates and two other members; the two other members may be members of the Remuneration Committee.

(2) The selection of the tasks for the practical examination shall be the responsibility of the chairman of the examination board or of the member of that senate who is responsible for the examination. The Chairman or the Member appointed by him shall also be responsible for supervising the practical examination.

(3) The division of the test material during the oral examination is the responsibility of the chairman of the examination board; the chairperson may, in each case in the scope of the teaching material, ask questions from the entire examination material.

Examination Rules

§ 13. (1) The knowledge and skills acquired in the basic training are to be demonstrated in the framework of the subject-specific examination (§ § 8 and 9). The oral examination part of the service examination (section 8 (3), section 9 (3)), except in the cases of para. 2, is to be deducted as an overall examination before the examination senate.

(2) For reasons of expediency, the subject 'Information Technology-Applications of Justice' may also be held as partial examination of the content of this training module with the consent of the Federal Ministry of Justice. This part-examination may take place as a written examination, as a practical examination and/or as an oral examination and must be submitted to a member of the examination board as a single examiner.

(3) A protocol to be submitted by the auditor shall be drawn up on the course of the partial examination, which shall be forwarded to the chairman of the examination board. The test protocol shall indicate whether the partial examination is to be qualified as "passed", "passed with distinction" or "not passed".

(4) The assignment to the service examination shall be carried out by the President of the Oberlandesgericht. The prerequisite for admission is the completion of all provided training modules.

(5) The service examination shall be deemed to be successful if the oral examination according to § 9 (3), the online test and the practical examination according to § 9 (1) and (2) and, if applicable, the partial examination according to paragraph 2 were passed.

(6) An unpassed overall examination or partial examination can be repeated twice. The reprobational period is to be around four weeks each. The second is to be held before an examination senate chaired by the Chairman of the Commission's Commission on the Verification of Credentials.

(7) After the successful completion of the technical service examination, the basic training is completed.

Certificate

§ 14. (1) A certificate must be issued by the Chairman of the Examination Board (Annex 3) on the passed service examination. In the certificate, all examination modules of the service examination must be called; a partial examination is to be carried out; if necessary, the words "passed with distinction" are to be added (Section 31 (5) second sentence BDG 1979). Any invoices (§ 16) shall be recorded. The practical uses in accordance with § 7 shall be described in the manner of an impact word.

(2) The original of the certificate shall be handed out to the trainee. A second copy of the certificate shall be deposited in the personnel act together with an all-due examination protocol and the results of the practical examination work (Section 9 (1) and (2), Appendix 2).

Training controlling and quality assurance

§ 15. (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.

Settlement provisions

§ 16. (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.

(3) Invoices as well as the success of the examination shall be recorded in the certificate.

Special arrangements for staff of the Supreme Court

§ 17. Staff of the Supreme Court are to be assigned to a training course organised by the President of a Higher Regional Court.

Closure and transitional provisions

§ 18. (1) This Regulation shall enter into force 1. Jänner 2006 in force.

(2) The Regulation of the Federal Minister of Justice, BGBl, shall enter into force with the entry into force of this Regulation. No 182/1987, on the basic training for use group C in the offices (firms 'offices) of the courts and public prosecutors' offices.

(3) Those according to the Law Personnel Regulation, RGBl. No 170/1897, the initial examination of the basic or the basic training successfully completed in accordance with the regulation referred to in paragraph 2 of this Regulation, replace the basic training provided for in this Regulation.

(4) Servants who, at the time of entry into force of this Regulation, use the practical use in accordance with the regulations of the Federal Minister of Justice, BGBl. No 182/1987 or 183/1987, on the basic training for use groups C and D in the offices (law firms) of the courts and public prosecutors have already completed or partially completed, these periods shall, by way of derogation from § 7 (5), be applied to the practical use provided for in this Regulation.

Gastinger