Elements and Performance Criteria
- Analyse the Australian administrative legal system.
- Differences between common law, statute law, delegated legislation and local government law are analysed and documented.
- Civil law and examples of civil action relevant to building accessibility of large-scale buildings are researched and analysed.
- Administrative law relevant to building accessibility is researched and analysed.
- Evaluate administrative law applicable to building accessibility.
- Describe the procedures and benefits of enforcing the law.
- Legislative benefits and examples of building accessibility enforcement are researched, analysed and documented.
- Major regulatory enforcement strategies are identified and recorded.
- The powers of entry of building certifiers are identified and analysed.
- The legal considerations of a building certifier obtaining a warrant are identified and documented.
- The types of evidence required to investigate and prove a breach of legislation are identified, gathered and documented.
- Processes for addressing non-compliance issues are identified and appropriate documentation is prepared in a format suitable for review by a building certifier.
- Analyse the impact of any other legislation on state and territory legislation regarding building and development control and access.
- Analyse the professional code of practice applicable to the assessment of accessible large-scale buildings.
- The code of practice required by building industry regulators is analysed and evaluated in accordance with organisational requirements.
- Concepts regarding working within own area of personal competence are evaluated and practised.
- Concepts regarding duty of care as it relates to common law are evaluated and documented.
- Concepts regarding conflict of interest as specified by relevant legislation are identified and managed appropriately.
- Analyse the responsibilities and liabilities of access consultants and building certifiers and develop effective working relationships.
- Responsibilities and liabilities of access consultants are evaluated and documented.
- The statutory duties, responsibilities and liabilities of building certifiers as specified by relevant legislation are evaluated and documented.
- Strategies for establishing and building effective working relationships between access consultants and building certifiers are developed and implemented.