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Elements and Performance Criteria

  1. Analyse the legal context
  2. Analyse precedent cases to determine advice outcomes
  3. Reviewing developing and applying policy knowledge
  4. Prepare expert report
  5. Provide expert evidence

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 work

reviewing 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 industry

applying detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

using common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

analysing the jurisdiction of tree matters relevant to specific cases

applying knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

seeking and reviewing relevant precedents in law and review published case studies

determining appropriate statutes and supporting precedent cases

providing arboricultural information based on the legal context

determining alternative courses of action, and legal and non-legal consequences, and discuss with client

providing advice within the context of statutes and precedent cases

analyzing and reviewing policy documents in light of legislation and relevant cases

preparing policy documents based on legislation and relevant cases

determining areas of uncertainty in policy documents

seeking appropriate legal advice

developing expertise and specialised knowledge in arboriculture

following statutory framework to give advice as an expert

confirming status as independent and unbiased provider of expert evidence within witness code of conduct programs

recording all observations and test results with precision

stating assumptions underpinning policy documents

substantiating opinions using external authorities where possible

preparing and providing a detailed evidentiary report

preparing for the particular jurisdiction and matter at hand

preparing evidence based on factual data, documented observations and results and complying with the rules of evidence

providing oral evidence and respond to questions impartially

seeking 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 industry

court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

relevant precedents in law and published case studies

arboricultural information based on the legal context

expertise and specialised knowledge in arboriculture

common legal terms associated with within the consultants area of practice with a clear understanding of their meaning and implications

preparation of policy documents based on legislation and relevant cases

preparation of detailed evidentiary reports.