Assessor Resource

CPPDSM4009
Interpret legislation to complete work in the property industry

Assessment tool

Version 1.0
Issue Date: April 2024


This unit of competency specifies the outcomes required to source and interpret legislation affecting operations in the property industry. It includes identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant property industry legislation and industry codes of conduct, and maintaining appropriate records.

The unit supports the work of professionals in the property industry, including licensed real estate and stock and station agents, strata managers and their authorised representatives, with regard to identifying, interpreting and applying legislation and industry codes of conduct affecting property operations.

Licensing, legislative, regulatory or certification requirements apply to this unit in some States and Territories. Relevant state and territory regulatory authorities should be consulted to confirm those requirements.

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


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.

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal principles and legislative requirements affecting property operations.

1.1.

Legal framework in which property organisations operate is identified.

1.2.

Components of statute law and their relationships are identified with respect to their application to practice in the property industry.

1.3.

Source documents for legislation and regulations relating to provision of property services are identified and accessed.

2.

Interpret legislative requirements affecting property operations.

2.1.

Structureof property legislation and regulations are identified.

2.2.

Common interpretation problems with property legislation and regulations are identified.

2.3.

Rules and techniques for interpreting property legislation and regulations are identified and applied.

3.

Identify changes to legislation and regulations affecting agency or organisation operations.

3.1.

Processes that lead to changes in property legislation and regulations are identified.

3.2.

Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.

3.3.

Techniques for tracking amendments to property legislation and regulations are identified and applied.

3.4.

Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.

3.5.

Strategies for identifying amendments to legislation and regulations are implemented.

3.6.

Changes to legislative and regulatory requirements are communicated to appropriate people.

4.

Comply with relevant industry codes.

4.1.

Industry codes of conduct are sourced and accessed.

4.2.

Relationship between industry codes of conduct and legislative requirements are identified.

4.3.

Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.

4.4.

Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.

5.

Maintain records of legislation and industry codes.

5.1.

Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.

5.2.

Records of changes to legislation and industry codes are maintained.

A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.

The person must also source and interpret legislation affecting operations in the property industry.

The person must demonstrate this performance by sourcing and documenting the latest legislative requirements for three aspects of property operations in either the real estate, stock and station agency, or strata community management sector; and communicating this information in an accessible manner to those engaged in agency or organisation operations.

In doing the above, the person must:

apply rules and techniques to interpret legislative provisions affecting operations in the property industry

apply techniques to track amendments to legislation in a timely manner

apply strategies to communicate legislative requirements and amendments to appropriate people in the agency or organisation in a timely manner

identify changes to legislation and industry codes of conduct affecting agency or organisation operations

apply general principles of legislation, regulations and industry codes of conduct affecting operations in the property industry

maintain accurate and up-to-date records of legislation and industry codes of conduct.

A person demonstrating competency in this unit must demonstrate knowledge of:

codes of conduct relating to property industry operations

common problems associated with interpreting legislation

principles and purpose of legislation

key requirements of federal, and state or territory legislation and local government regulations relating to the property industry:

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environment and sustainability

financial services

leases

privacy

property sales and management

strata community management

work health and safety (WHS).

The following must be present and available to learners during assessment activities:

equipment:

computer system with internet, email, printing facilities, and online access to relevant legislative databases

specifications:

agency or organisation policies and procedures for storing and retrieving documents

guidelines for interpreting property legislation and regulations, and tracking amendments to legislation

legislation, regulations and codes of conduct relevant to property industry operations

relationship with team members and supervisor:

member of a work team in a property industry context.

Assessor requirements

As a minimum, assessors must satisfy the assessor requirements in the Standards for Registered Training Organisations (RTOs) current at the time of assessment.

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.

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal principles and legislative requirements affecting property operations.

1.1.

Legal framework in which property organisations operate is identified.

1.2.

Components of statute law and their relationships are identified with respect to their application to practice in the property industry.

1.3.

Source documents for legislation and regulations relating to provision of property services are identified and accessed.

2.

Interpret legislative requirements affecting property operations.

2.1.

Structureof property legislation and regulations are identified.

2.2.

Common interpretation problems with property legislation and regulations are identified.

2.3.

Rules and techniques for interpreting property legislation and regulations are identified and applied.

3.

Identify changes to legislation and regulations affecting agency or organisation operations.

3.1.

Processes that lead to changes in property legislation and regulations are identified.

3.2.

Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.

3.3.

Techniques for tracking amendments to property legislation and regulations are identified and applied.

3.4.

Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.

3.5.

Strategies for identifying amendments to legislation and regulations are implemented.

3.6.

Changes to legislative and regulatory requirements are communicated to appropriate people.

4.

Comply with relevant industry codes.

4.1.

Industry codes of conduct are sourced and accessed.

4.2.

Relationship between industry codes of conduct and legislative requirements are identified.

4.3.

Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.

4.4.

Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.

5.

Maintain records of legislation and industry codes.

5.1.

Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.

5.2.

Records of changes to legislation and industry codes are maintained.

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Legal framework must include:

common law

contract law

equity law

statute law.

Components of statute law must include:

principal legislation, such as Acts

subordinate legislation, such as:

approvals

determinations

mandatory and non-mandatory administrative guidelines

orders

regulations.

Structureof property legislation and regulations must include:

endnotes, including:

explanatory notes

index

table of amendments

section headings, margin notes and clause notes

parts, sections, subsections, paragraphs, regulations, sub-regulations and clauses

types of provisions, including:

approvals

deeming provisions

definitions and interpretations

general penalties

objectives

offences

prescribed arrangements relating to regulations and orders.

Common interpretation problems must include:

ambiguous words

broad phrases

need for words to be implied

printing and drafting errors

unforeseen developments, such as changes in technology or practice.

Rules and techniques for interpreting property legislation and regulations must include:

aids to interpreting legislation, including:

external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and previous judicial interpretations

internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, and margin notes

language conventions and expressions, including:

and, or

gender

hierarchy

includes

may, should and must

reading rules, including:

context

golden

literal

mischief

purposive

express mention of one thing to the exclusion of another

words interpreted through their connection with other words

words with the same meaning.

Processes must include:

government agency approval

governor approval

minister approval

parliament.

Source documents must include:

amendment Acts

amendment regulations

Bills

consolidated or reprinted Acts.

Techniques for tracking amendments must include:

government and industry newsletters and information sessions

use of margin notes and tables of amendments.

Appropriate people must include:

agency or organisation principal

authorised representatives

bookkeepers, accountants and auditors

licensed real estate agents

property managers

sales people.

Industry codesof conduct must address at least two of the following:

ethical behaviour

general business operations

property sales and management

strata community management.

Records must include at least two of the following:

agency administration

property management

property sales

strata scheme administration.

A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.

The person must also source and interpret legislation affecting operations in the property industry.

The person must demonstrate this performance by sourcing and documenting the latest legislative requirements for three aspects of property operations in either the real estate, stock and station agency, or strata community management sector; and communicating this information in an accessible manner to those engaged in agency or organisation operations.

In doing the above, the person must:

apply rules and techniques to interpret legislative provisions affecting operations in the property industry

apply techniques to track amendments to legislation in a timely manner

apply strategies to communicate legislative requirements and amendments to appropriate people in the agency or organisation in a timely manner

identify changes to legislation and industry codes of conduct affecting agency or organisation operations

apply general principles of legislation, regulations and industry codes of conduct affecting operations in the property industry

maintain accurate and up-to-date records of legislation and industry codes of conduct.

A person demonstrating competency in this unit must demonstrate knowledge of:

codes of conduct relating to property industry operations

common problems associated with interpreting legislation

principles and purpose of legislation

key requirements of federal, and state or territory legislation and local government regulations relating to the property industry:

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environment and sustainability

financial services

leases

privacy

property sales and management

strata community management

work health and safety (WHS).

The following must be present and available to learners during assessment activities:

equipment:

computer system with internet, email, printing facilities, and online access to relevant legislative databases

specifications:

agency or organisation policies and procedures for storing and retrieving documents

guidelines for interpreting property legislation and regulations, and tracking amendments to legislation

legislation, regulations and codes of conduct relevant to property industry operations

relationship with team members and supervisor:

member of a work team in a property industry context.

Assessor requirements

As a minimum, assessors must satisfy the assessor requirements in the Standards for Registered Training Organisations (RTOs) current at the time of assessment.
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
Legal framework in which property organisations operate is identified. 
Components of statute law and their relationships are identified with respect to their application to practice in the property industry. 
Source documents for legislation and regulations relating to provision of property services are identified and accessed. 
Structureof property legislation and regulations are identified. 
Common interpretation problems with property legislation and regulations are identified. 
Rules and techniques for interpreting property legislation and regulations are identified and applied. 
Processes that lead to changes in property legislation and regulations are identified. 
Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed. 
Techniques for tracking amendments to property legislation and regulations are identified and applied. 
Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice. 
Strategies for identifying amendments to legislation and regulations are implemented. 
Changes to legislative and regulatory requirements are communicated to appropriate people. 
Industry codes of conduct are sourced and accessed. 
Relationship between industry codes of conduct and legislative requirements are identified. 
Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work. 
Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour. 
Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified. 
Records of changes to legislation and industry codes are maintained. 

Forms

Assessment Cover Sheet

CPPDSM4009 - Interpret legislation to complete work in the property industry
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Assessment Record Sheet

CPPDSM4009 - Interpret legislation to complete work in the property industry

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