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Elements and Performance Criteria
Range Statement
Performance Evidence
The candidate must be assessed on their ability to integrate and apply the performance requirements of this unit in a workplace setting. Performance must be demonstrated consistently over time and in a suitable range of contexts.
The candidate must provide evidence for and demonstrate:determining legislation and relevant cases applying to trees within specialist consulting areas of workreviewing and analysing the relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industryapplying detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practiceusing common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implicationsanalysing the jurisdiction of tree matters relevant to specific casesapplying knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needsseeking and reviewing relevant precedents in law and review published case studiesdetermining appropriate statutes and supporting precedent casesproviding arboricultural information based on the legal contextdetermining alternative courses of action, and legal and non-legal consequences, and discuss with clientproviding advice within the context of statutes and precedent casesanalyzing and reviewing policy documents in light of legislation and relevant casespreparing policy documents based on legislation and relevant cases determining areas of uncertainty in policy documents seeking appropriate legal advicedeveloping expertise and specialised knowledge in arboriculture following statutory framework to give advice as an expertconfirming status as independent and unbiased provider of expert evidence within witness code of conduct programsrecording all observations and test results with precisionstating assumptions underpinning policy documentssubstantiating opinions using external authorities where possiblepreparing and providing a detailed evidentiary report preparing for the particular jurisdiction and matter at handpreparing evidence based on factual data, documented observations and results and complying with the rules of evidenceproviding oral evidence and respond to questions impartiallyseeking and providing clarification on areas of uncertainty.
Knowledge Evidence
The candidate must demonstrate knowledge of:
relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industrycourt systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needsdetailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practicerelevant precedents in law and published case studiesarboricultural information based on the legal contextexpertise and specialised knowledge in arboriculture common legal terms associated with within the consultants area of practice with a clear understanding of their meaning and implicationspreparation of policy documents based on legislation and relevant cases preparation of detailed evidentiary reports.