Elements and Performance Criteria
- Research the relevant legislation
- The scope and coverage of legislation for the relevant jurisdiction is identified
- An understanding of the purpose of legislation and amendments that comply with environmental and sustainability requirements is applied over time
- Roles and influences of key stakeholders as outlined in the applicable legislation are defined
- Identify and interpret relevant legislative provisions
- The provisions of the relevant and applicable legislation and case law precedents are identified and determined
- Compliance requirements are clarified to confirm understanding and to ensure consistency of interpretation and application
- Any competing interests arising from different pieces of legislation with jurisdiction over the one Aboriginal cultural site, landscape or material are interpreted
- Social justice principles are incorporated into interpretation of legislative provisions
- Terms and definitions in the legislation are interpreted correctly
- Identify stakeholder requirements
- Needs of clients and stakeholders in relation to relevant legislation are identified
- Client and stakeholder situation is analysed and legislative provisions that apply to the circumstances are identified
- Own Aboriginal-sites work is conducted in accordance with legislative requirements and following Aboriginal cultural protocols and values
- Own limitations and professional boundaries are recognised
- The need for assistance is recognised and referrals to expert advisors or advisory organisations are provided
- Identify strategies in response to the client's needs
- Strategies to apply legislative provisions to the factual circumstances of the case are identified and provided
- A range of legal and non-legal strategies is determined according to the needs of the client and stakeholders and taking into consideration all applicable legislative provisions and regulations
- Key concepts and understandings of legislative requirements are related to stakeholders in culturally appropriate ways
- Compliance requirements are communicated to clients and stakeholders
- Options and possible outcomes to clients and stakeholders are communicated clearly in culturally appropriate ways
- Clients and stakeholders are supported to achieve appropriate 'best possible' outcomes