Assessor Resource

CPCCBC5007A
Administer the legal obligations of a building or construction contract

Assessment tool

Version 1.0
Issue Date: April 2024


This unit of competency supports the needs of builders, senior managers within building and construction firms and other construction industry personnel responsible for administering the legal obligations of a building or construction contract for medium rise projects.

This unit of competency specifies the outcomes required to administer the legal obligations of a building or construction contract. It is concerned with licensing and/or builders' registration and other legislative matters as appropriate, and administering the systems through which the obligations of complying with legislation are fulfilled.

In order to achieve the outcomes for this unit, knowledge of relevant industry legislation, codes, standards, regulations, licensing, employee awards, agreements, OHS, taxation and insurance is required.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)

Prerequisites

Nil

Co-Requisites

Nil

Employability Skills

This unit contains employability skills.



Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

This unit of competency could be assessed by effective administration of legal obligations of a building or construction contract.

This unit of competency can be assessed in the workplace or a close simulation of the workplace environment, provided that simulated or project-based assessment techniques fully replicate construction workplace conditions, materials, activities, responsibilities and procedures.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of the ability to:

conform to the legal and financial obligations of the organisation

establish and maintain good human relations with contracted employees, subcontractors and other stakeholders

manage organisational taxation and insurance obligations successfully

effectively advise appropriate authorities and gain the necessary approvals or responses

promote and work in the best interest of clients.

Context of and specific resources for assessment

This competency is to be assessed using standard and authorised work practices, safety requirements and environmental constraints.

Assessment of essential underpinning knowledge will usually be conducted in an off-site context.

Assessment is to comply with relevant regulatory or Australian standards' requirements.

Resource implications for assessment include:

documentation that should normally be available in either a building or construction office

relevant codes, standards and regulations

copies of appropriate awards and workplace agreements

office equipment, including calculators, photocopiers and telephone systems

a suitable work area appropriate to the process.

Reasonable adjustments for people with disabilities must be made to assessment processes where required. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support.

Method of assessment

Assessment methods must:

satisfy the endorsed Assessment Guidelines of the Construction, Plumbing and Services Training Package

include direct observation of tasks in real or simulated work conditions, with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application

reinforce the integration of employability skills with workplace tasks and job roles

confirm that competency is verified and able to be transferred to other circumstances and environments.

Validity and sufficiency of evidence requires that:

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice, with a decision on competency only taken at the point when the assessor has complete confidence in the person's demonstrated ability and applied knowledge

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence.

Assessment processes and techniques should as far as is practical take into account the language, literacy and numeracy capacity of the candidate in relation to the competency being assessed.

Supplementary evidence of competency may be obtained from relevant authenticated documentation from third parties, such as existing supervisors, team leaders or specialist training staff.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

Required skills for this unit are:

communication skills to:

enable clear and direct communication, using questioning to identify and confirm requirements, share information, listen and understand

liaise with government agencies

provide information to employees

read and interpret:

contracts and regulations

industrial awards

legislation

use and interpret non-verbal communication

use language and concepts appropriate to cultural differences

manage compliance with a variety of legal obligations and administer various awards and agreements

management skills to effectively manage personnel

numeracy skills to apply measurements and calculations.

Required knowledge

Required knowledge for this unit is:

awards and agreements applying to employees and subcontractors

legislative requirements, including:

environmental legislation

fair trading legislation

taxation and insurance requirements

licensing and builders' registration requirements

local authority regulations

OHS and rehabilitation requirements

relevant licensing arrangements.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Licensing includes state laws, such as:

Builders Registration Act 1939

Home Building Contracts Act 1991 in Western Australia

Home Building Act and Regulations 1989 in New South Wales.

OHS, welfare, workers' compensation, noise abatement and working hours include:

state codes of practice applicable to the various regulations

state laws, such as:

Occupational Health and Safety Act 1983 in New South Wales

Occupational Health and Safety Act 1984 in Western Australia

Occupational Health and Safety Act 1985 in Victoria

Occupational Health and Safety Act 1986 in South Australia

WorkCover Queensland Act 1996

Workers Compensation and Rehabilitation Act 1981 in Western Australia

Workplace Injury Management and Compensation Act 1998 in New South Wales

state regulations such as the Occupational Health and Safety Regulations 1996 in Western Australia

various federal, state and territory industrial relations Acts and regulations.

Rehabilitation arrangements for employees returning to work include:

cooperation with rehabilitation agencies

light duties

normal duties under shorter working hours

suitable alternative duties.

Taxation and insurance requirements of state, territory and federal legislation include:

appropriate business and project insurances

Fringe Benefits Tax Act 1986

Goods and Services Tax Act 1999

Income Tax Assessment Act 1987

Insurance Contracts Act 1984

pay-as-you-go (PAYG) taxes

payroll tax

stamp duty

workers' compensation.

Environmental protection legislation includes:

federal, state and territory environmental legislation and regulations applicable to the building and construction industry.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Business registration of the organisation is secured in accordance with owner/operator preferences and legal requirements. 
Approval of licensing and registration as a contractor/supervisor is sought from appropriate government agency. 
Responsibilities of operating a construction business in accordance with legislation are met by the contractor. 
Legal documents and records are kept and carefully maintained. 
Relevant industrial awards are identified for the hiring of staff or labour. 
Contracts of employment are determined on a case-by-case basis and the principles and legalities of workplace agreements are implemented. 
Equal opportunity principles are applied in all aspects of recruitment and selection. 
Procedures for employment termination and redundancy are explained and followed. 
Dispute resolution processes are established, documented and implemented where necessary. 
OHS and Welfare Act provisions are identified and complied with, on and off the site. 
OHS authority is contacted to determine the necessary approvals or permits prior to work commencing. 
Provisions of Workers Compensation Act are complied with and the rights and responsibilities of workers are observed to ensure a safe workplace. 
Regulations relating to noise abatement and working hours are adhered to. 
Rehabilitation arrangements for employees returning from injury or illness are facilitated and implemented. 
Workers returning to work after injury or illness are assisted to regain full employment status as soon as practicable. 
Taxation payments are recorded, collected and made in compliance with Australian Taxation Office requirements, including GST obligations. 
Insurance policies are identified to provide appropriate cover for personnel, property and project works. 
Mandatory superannuation provisions are made for employees. 
Fair trading practice responsibilities are maintained effectively and efficiently. 
Best interests of clients are promoted and undertaken conscientiously in accordance with the agreed contract. 
Renewable materials are used as a primary aim wherever possible over non-renewable materials. 
Low energy materials are used in preference to high energy materials, where practical. 
Processes to ensure compliance with environmental protection legislation are implemented. 

Forms

Assessment Cover Sheet

CPCCBC5007A - Administer the legal obligations of a building or construction contract
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

CPCCBC5007A - Administer the legal obligations of a building or construction contract

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: