Assessor Resource

CPPDSM4020
Present at tribunals

Assessment tool

Version 1.0
Issue Date: April 2024


This unit of competency specifies the outcomes required to appear effectively before a tribunal. It includes preparing for tribunal hearings, using tribunal etiquette, acting as a witness, participating in conciliation hearings, and presenting a case.

The unit supports the work of property industry professionals, including licensed real estate agents, stock and station agents, strata managers and their authorised representatives involved in preparing and presenting cases at tribunals relating to property industry 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.

Prepare for tribunal.

1.1.

Process for making an application to relevant tribunal is followed.

1.2.

Documentation required for application to relevant tribunal is accurately completed.

1.3.

Evidence and other documentation required for tribunal are prepared and reviewed.

1.4.

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.

1.5.

Pre-tribunal hearing briefings are participated in as appropriate and required.

1.6.

Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.

2.

Participate in conciliation processes for grievances and disputes.

2.1.

Purpose and role of conciliation are clarified within particular tribunal and case context.

2.2.

Opportunities are explored to resolve grievances and disputes through conciliation.

2.3.

Conciliators are provided with complete and accurate information regarding grievance or dispute.

2.4.

Clear and concise formal case statements are prepared and provided for conciliator.

2.5.

Opportunities are taken to obtain relevant information from other parties during conciliation process.

2.6.

Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.

3.

Use appropriate tribunal etiquette.

3.1.

Appropriate manner of entering and departing tribunal is used.

3.2.

Appropriate manner of addressing tribunal is used.

3.3.

Relevant legal and industry language is used where appropriate.

4.

Present case before tribunal.

4.1.

Rules and procedures of tribunal are applied.

4.2.

Case is outlined in a clear and concise manner.

4.3.

Evidence is given and routine examination of witnesses is undertaken appropriately.

4.4.

Relevant decisions and precedents are referred to appropriately.

4.5.

Respondent submissions are responded to appropriately.

4.6.

Questions and directions from tribunal are responded to appropriately.

4.7.

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

5.

Act as a witness.

5.1.

Pre- and post-tribunal briefings and debriefings are participated in as required.

5.2.

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

5.3.

Requirements of tribunal processes and proceedings are observed while acting as witness.

5.4.

Liaison with appropriate legal representatives is maintained.

5.5.

Appropriate and required documentation and reporting are completed and stored according to agency practice.

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 appear effectively before a tribunal on three separate occasions as follows:

prepare and present a case before a tribunal on a property-related matter

participate in a conciliation process to resolve a property-related grievance or dispute

act as a witness at a tribunal on a property-related matter.

In doing the above, the person must:

apply knowledge of the role and jurisdiction of tribunals that hear matters relating to property operations

prepare and lodge applications for a tribunal

complete and store documentation relating to the above matters according to agency or organisation requirements.

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

protocols to follow when acting as a witness

purpose and role of conciliation in the property industry

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

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

leases

privacy

property sales and management

work health and safety (WHS)

role and jurisdiction of tribunal that hear matters relating to property operations

key features of the rules of evidence

powers and role of tribunals in property-related hearings

tribunal procedures, including:

documentation required for applications to tribunal

procedure to be followed for presenting a case to a tribunal

procedure to be followed where a matter has been settled prior to hearing

process for making an application to a tribunal

role of witnesses

tribunal etiquette.

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

equipment:

computer system with internet, email and printing facilities

tribunal environment

specifications:

checklist for identifying tasks to be completed in preparing for a hearing

guides for acting as a witness, tribunal processes, and presenting a case at a tribunal

federal, and state or territory legislation and local government regulations relating to property 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.

Prepare for tribunal.

1.1.

Process for making an application to relevant tribunal is followed.

1.2.

Documentation required for application to relevant tribunal is accurately completed.

1.3.

Evidence and other documentation required for tribunal are prepared and reviewed.

1.4.

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.

1.5.

Pre-tribunal hearing briefings are participated in as appropriate and required.

1.6.

Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.

2.

Participate in conciliation processes for grievances and disputes.

2.1.

Purpose and role of conciliation are clarified within particular tribunal and case context.

2.2.

Opportunities are explored to resolve grievances and disputes through conciliation.

2.3.

Conciliators are provided with complete and accurate information regarding grievance or dispute.

2.4.

Clear and concise formal case statements are prepared and provided for conciliator.

2.5.

Opportunities are taken to obtain relevant information from other parties during conciliation process.

2.6.

Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.

3.

Use appropriate tribunal etiquette.

3.1.

Appropriate manner of entering and departing tribunal is used.

3.2.

Appropriate manner of addressing tribunal is used.

3.3.

Relevant legal and industry language is used where appropriate.

4.

Present case before tribunal.

4.1.

Rules and procedures of tribunal are applied.

4.2.

Case is outlined in a clear and concise manner.

4.3.

Evidence is given and routine examination of witnesses is undertaken appropriately.

4.4.

Relevant decisions and precedents are referred to appropriately.

4.5.

Respondent submissions are responded to appropriately.

4.6.

Questions and directions from tribunal are responded to appropriately.

4.7.

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

5.

Act as a witness.

5.1.

Pre- and post-tribunal briefings and debriefings are participated in as required.

5.2.

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

5.3.

Requirements of tribunal processes and proceedings are observed while acting as witness.

5.4.

Liaison with appropriate legal representatives is maintained.

5.5.

Appropriate and required documentation and reporting are completed and stored according to agency practice.

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.

Purpose and role of conciliation must include:

giving parties a chance to settle a matter on their terms

giving parties the opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation.

Evidence must include information that:

is descriptive

is devoid of assumptions or judgemental statements

represents details and facts of evidence pertinent to the case.

Examination of witnesses must include:

cross-examining respondent witnesses

questioning own witnesses

re-examining own or respondent witnesses.

Pre- and post-tribunal briefings and debriefings must include:

details of the case

outcomes and consequences of tribunal decisions

presentation of evidence

rules of evidence

tribunal protocol.

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 appear effectively before a tribunal on three separate occasions as follows:

prepare and present a case before a tribunal on a property-related matter

participate in a conciliation process to resolve a property-related grievance or dispute

act as a witness at a tribunal on a property-related matter.

In doing the above, the person must:

apply knowledge of the role and jurisdiction of tribunals that hear matters relating to property operations

prepare and lodge applications for a tribunal

complete and store documentation relating to the above matters according to agency or organisation requirements.

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

protocols to follow when acting as a witness

purpose and role of conciliation in the property industry

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

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

leases

privacy

property sales and management

work health and safety (WHS)

role and jurisdiction of tribunal that hear matters relating to property operations

key features of the rules of evidence

powers and role of tribunals in property-related hearings

tribunal procedures, including:

documentation required for applications to tribunal

procedure to be followed for presenting a case to a tribunal

procedure to be followed where a matter has been settled prior to hearing

process for making an application to a tribunal

role of witnesses

tribunal etiquette.

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

equipment:

computer system with internet, email and printing facilities

tribunal environment

specifications:

checklist for identifying tasks to be completed in preparing for a hearing

guides for acting as a witness, tribunal processes, and presenting a case at a tribunal

federal, and state or territory legislation and local government regulations relating to property 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
Process for making an application to relevant tribunal is followed. 
Documentation required for application to relevant tribunal is accurately completed. 
Evidence and other documentation required for tribunal are prepared and reviewed. 
Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required. 
Pre-tribunal hearing briefings are participated in as appropriate and required. 
Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements. 
Purpose and role of conciliation are clarified within particular tribunal and case context. 
Opportunities are explored to resolve grievances and disputes through conciliation. 
Conciliators are provided with complete and accurate information regarding grievance or dispute. 
Clear and concise formal case statements are prepared and provided for conciliator. 
Opportunities are taken to obtain relevant information from other parties during conciliation process. 
Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body. 
Appropriate manner of entering and departing tribunal is used. 
Appropriate manner of addressing tribunal is used. 
Relevant legal and industry language is used where appropriate. 
Rules and procedures of tribunal are applied. 
Case is outlined in a clear and concise manner. 
Evidence is given and routine examination of witnesses is undertaken appropriately. 
Relevant decisions and precedents are referred to appropriately. 
Respondent submissions are responded to appropriately. 
Questions and directions from tribunal are responded to appropriately. 
Statement of reasons for tribunal decision is requested in line with tribunal and agency practice. 
Pre- and post-tribunal briefings and debriefings are participated in as required. 
Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives. 
Requirements of tribunal processes and proceedings are observed while acting as witness. 
Liaison with appropriate legal representatives is maintained. 
Appropriate and required documentation and reporting are completed and stored according to agency practice. 

Forms

Assessment Cover Sheet

CPPDSM4020 - Present at tribunals
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

CPPDSM4020 - Present at tribunals

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: