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Elements and Performance Criteria

  1. Analyse the Australian administrative legal system
  2. Evaluate administrative law applicable to building control activities
  3. Describe the procedures and benefits of enforcing the law
  4. Analyse the impact of other legislation on State and Territory building/development control legislation
  5. Analyse the professional code of conduct and ethics applicable to building control
  6. Analyse the concepts of liability and responsibility of building practitioners as detailed in legislation

Evidence Required

The Evidence Guide identifies the critical aspects knowledge and skills to be demonstrated to confirm competency for this unit This is an integral part of the assessment of competency and should be read in conjunction with the Performance Criteria and Range Statement

What critical aspects of evidence are required to demonstrate competency in this unit

Compliance with occupational health and safety regulations applicable to workplace operations

Application of organisational management policies and procedures including quality assurance requirements where applicable

Performance of research interpretation analysis and reporting of findings for at least one administrative law case relating to building control activities at least one Commonwealth legislation case impacting on buildingdevelopment control legislation at least one other legislation case impacting on buildingdevelopment control legislation all in accordance with the professional code of conduct and ethics applicable to building control

Provision of reports to appropriate bodyindividual as determined by the project brief

Application of strategic plans workplace policies and procedures

Are there any other units which should be assessed with this unit or which relate directly to this unit

There are no specified relationships

Holistic assessment should be applied where appropriate to form a complete work function

What specific knowledge is required to achieve the performance criteria

Building policy and legislation

Australian legal system

Relevant national StateTerritory legislation and local government policy and procedures

Codes of conduct and ethics

Research processes and strategies

Consultation methods including cultural considerations

Applications of law and legal principles in building surveying

Legal terminology definitions processes and procedures used in standard court operations

Processes for the administration and preparation of documentation

What specific underpinning skills are required to achieve the performance criteria

These include a number of processes that are learned throughout work and life which are required in most jobs Some of these are covered by the national key competencies although others may be added The questions below highlight how these processes are applied in this competency unit The number in brackets indicates the level to which the key competency needs to be demonstrated where working within set conditions and processes management or facilitation of conditions or processes are exercised and design andor development of conditions or process are required

How will the candidate apply the following key competency in this unit

The candidate will need to

Collect analyse and organise information

Research analyse evaluate interpret and report information related to building control legislation and how it impacts on building surveyors Level

Communicate ideas and information

Communicate and negotiate ideas and information to enable interpretation of building control legislation and how other laws and legislation impact upon it Level

Plan and organise activities

Plan and organise activities including the planning of analytical processes the establishment of research criteria and the interpretation of building control legislation in respect of common law and other impacting legislations Level

Work with others and in a team

Work with others and in a team by recognising dependencies and using cooperative approaches to optimise satisfaction and productivity Level

Solve problems

Establish analytical processes including diagnostic processes which anticipate and allow for risks cater for both direct and indirect evidence avoid or minimise reworking and avoid wastage Level

Use mathematical ideas and techniques

Use mathematical ideas and techniques to correctly complete measurements calculate analytical requirements establish realistic sample criteria quantify survey and present analytical results Level

Use technology

Use workplace technology related to information gathering and analysis diagnosis information research report writing administration and management procedures Level

In what context should assessment occur

Competency is demonstrated by performance of all stated criteria including paying particular attention to the critical aspects and the knowledge and skills elaborated in the Evidence Guide and within the scope defined by the Range Statement

Assessment must take account of the endorsed assessment guidelines in the Construction Training Package

What methods of assessment should apply

Assessment of this competency is most likely to be project related under real or simulated conditions and require portfolios or other forms of indirect evidence of process Direct evidence may include certification of compliance on the final outcome or authorisation for commencement by a competent authority

Assessment must confirm the inference that competency is able not only to be satisfied under the particular circumstance but is able to be transferred to other circumstances

Assessment should reinforce the integration of the key competencies

What are the specific resource requirements for this unit

A situation real or realistically simulated requiring research analysis evaluation interpretation and reporting of building control legislation activities relating to building projects

The learner and trainer should have access to appropriate documentation and resources normally used in the workplace

The Evidence Guide identifies the critical aspects knowledge and skills to be demonstrated to confirm competency for this unit This is an integral part of the assessment of competency and should be read in conjunction with the Performance Criteria and Range Statement

What critical aspects of evidence are required to demonstrate competency in this unit

Compliance with occupational health and safety regulations applicable to workplace operations

Application of organisational management policies and procedures including quality assurance requirements where applicable

Performance of research interpretation analysis and reporting of findings for at least one administrative law case relating to building control activities at least one Commonwealth legislation case impacting on buildingdevelopment control legislation at least one other legislation case impacting on buildingdevelopment control legislation all in accordance with the professional code of conduct and ethics applicable to building control

Provision of reports to appropriate bodyindividual as determined by the project brief

Application of strategic plans workplace policies and procedures

Are there any other units which should be assessed with this unit or which relate directly to this unit

There are no specified relationships

Holistic assessment should be applied where appropriate to form a complete work function

What specific knowledge is required to achieve the performance criteria

Building policy and legislation

Australian legal system

Relevant national StateTerritory legislation and local government policy and procedures

Codes of conduct and ethics

Research processes and strategies

Consultation methods including cultural considerations

Applications of law and legal principles in building surveying

Legal terminology definitions processes and procedures used in standard court operations

Processes for the administration and preparation of documentation

What specific underpinning skills are required to achieve the performance criteria

These include a number of processes that are learned throughout work and life which are required in most jobs Some of these are covered by the national key competencies although others may be added The questions below highlight how these processes are applied in this competency unit The number in brackets indicates the level to which the key competency needs to be demonstrated where working within set conditions and processes management or facilitation of conditions or processes are exercised and design andor development of conditions or process are required

How will the candidate apply the following key competency in this unit

The candidate will need to

Collect analyse and organise information

Research analyse evaluate interpret and report information related to building control legislation and how it impacts on building surveyors Level

Communicate ideas and information

Communicate and negotiate ideas and information to enable interpretation of building control legislation and how other laws and legislation impact upon it Level

Plan and organise activities

Plan and organise activities including the planning of analytical processes the establishment of research criteria and the interpretation of building control legislation in respect of common law and other impacting legislations Level

Work with others and in a team

Work with others and in a team by recognising dependencies and using cooperative approaches to optimise satisfaction and productivity Level

Solve problems

Establish analytical processes including diagnostic processes which anticipate and allow for risks cater for both direct and indirect evidence avoid or minimise reworking and avoid wastage Level

Use mathematical ideas and techniques

Use mathematical ideas and techniques to correctly complete measurements calculate analytical requirements establish realistic sample criteria quantify survey and present analytical results Level

Use technology

Use workplace technology related to information gathering and analysis diagnosis information research report writing administration and management procedures Level

In what context should assessment occur

Competency is demonstrated by performance of all stated criteria including paying particular attention to the critical aspects and the knowledge and skills elaborated in the Evidence Guide and within the scope defined by the Range Statement

Assessment must take account of the endorsed assessment guidelines in the Construction Training Package

What methods of assessment should apply

Assessment of this competency is most likely to be project related under real or simulated conditions and require portfolios or other forms of indirect evidence of process Direct evidence may include certification of compliance on the final outcome or authorisation for commencement by a competent authority

Assessment must confirm the inference that competency is able not only to be satisfied under the particular circumstance but is able to be transferred to other circumstances

Assessment should reinforce the integration of the key competencies

What are the specific resource requirements for this unit

A situation real or realistically simulated requiring research analysis evaluation interpretation and reporting of building control legislation activities relating to building projects

The learner and trainer should have access to appropriate documentation and resources normally used in the workplace

Range Statement

The Range Statement provides advice to interpret the scope and context of this unit of competency allowing for differences between enterprises and workplaces. It relates to the unit as a whole and facilitates holistic assessment. The following variables may be present for this particular unit:

Unit scope

Input to the research, interpretation and analysis of building control legislation is to include but not be limited to domestic scale buildings and structures.

Investigation of laws is to include but not be limited to the Australian common law system, laws applicable to building surveying and the professional code of ethics required for the assessment and inspection of buildings.

Types of evidence may include but not be limited to oral, documented, real, direct, secondary, hearsay and admissible and inadmissible evidence.

Implications of Commonwealth legislation may include but not be limited to the Disability Discrimination Act.

Implications of other State and Territory legislation may include but not be limited to environmental health, planning, occupational health and safety and local government by-laws.

Reporting systems must be in accordance with organisational and legislative quality assurance procedures and may include desk and site based assessment.

Unit context

Competency requires the demonstration of research, interpretation, analysis, evaluation and reporting skills within the context of common law, relevant legislation, the Building Code of Australia and Australian Standards.

The Range Statement provides advice to interpret the scope and context of this unit of competency allowing for differences between enterprises and workplaces. It relates to the unit as a whole and facilitates holistic assessment. The following variables may be present for this particular unit:

Unit scope

Input to the research, interpretation and analysis of building control legislation is to include but not be limited to domestic scale buildings and structures.

Investigation of laws is to include but not be limited to the Australian common law system, laws applicable to building surveying and the professional code of ethics required for the assessment and inspection of buildings.

Types of evidence may include but not be limited to oral, documented, real, direct, secondary, hearsay and admissible and inadmissible evidence.

Implications of Commonwealth legislation may include but not be limited to the Disability Discrimination Act.

Implications of other State and Territory legislation may include but not be limited to environmental health, planning, occupational health and safety and local government by-laws.

Reporting systems must be in accordance with organisational and legislative quality assurance procedures and may include desk and site based assessment.

Unit context

Competency requires the demonstration of research, interpretation, analysis, evaluation and reporting skills within the context of common law, relevant legislation, the Building Code of Australia and Australian Standards.