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Elements and Performance Criteria

  1. Identify the potential contract parties.
  2. Determine contract requirements.
  3. Prepare contract document.
  4. Assemble contract documentation.
  5. Finalise contract.

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

Required knowledge and understanding include

commonwealth state and territory antidiscrimination legislation and regulations

construction methodologies

disability awareness

industry codes of practice and ethics

international codes standards regulations and practices

legal and process issues relating to contract law

limitations of work role responsibility and professional abilities

measurements and calculations

processes for interpreting reports working drawings and specifications

principles of design relating to accessible buildings and fitouts

principles of risk management

processes for preparing and administering documentation and reports

processes for reading and interpreting plans working drawings and specifications

relevant commonwealth state and territory building legislation local government regulations and Australian standards

relevant commonwealth state and territory consumer protection and trade practices legislation

research methodology and analytical processes

structural and construction principles of buildings

relevant terminology and definitions in hazard identification

Required skills and attributes include

analytical skills to

analyse evaluate and apply legislative requirements pertaining to disability access

analyse and evaluate the impacts of the full range of disabilities and the limitations that each disability places on the individuals ability to access the environment

analyse and evaluate how environmental barriers impact on people with disabilities

analyse the projects requirements for inclusion in contract documentation

analyse the contract documents lodged

application skills to

apply relevant codes of practice and other legislative requirements to work processes

apply disability awareness to work processes

apply current Australian and international building codes standards regulations and practices

communication skills to

explain clearly contract requirements and clauses

impart knowledge and ideas through oral and written means

use workplace equipment and communication methods

interpersonal skills to

relate to people from a range of social cultural and ethnic backgrounds and with a range of physical and mental abilities

provide impartial advice in a consistent and polite manner

facilitate change for greater awareness of disability access

analyse own work practices and process outcomes critically

engage colleagues and share disability access knowledge

adapt to new workplace situations

literacy skills to

assess and use workplace information

read and interpret consumer protection legislation and trade practices legislation in relation to preparing contract documentation

read and interpret plans and specifications

organisational skills to

prepare and manage documentation

collect store and retrieve data for inclusion in the contract documentation

prepare and collate the contract documentation

plan and facilitate the finalisation of the contract

distribute copies of contract documentation

develop and implement organisational policies and procedures

technical skills to

implement risk management strategies

adhere to legal requirements and process issues relating to contracts

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge the range statement and the Assessment Guidelines for this Training Package

Overview of assessment

This unit of competency could be assessed on its own or as part of an integrated assessment activity involving other competencies relevant to the job function

Critical aspects for assessment and evidence required to demonstrate competency in this unit

A person who demonstrates competency in this unit must be able to provide evidence of

recognising the needs and desires of people with disabilities to engage fully in all aspects of society and their right to do so

interpreting accurately the impacts of the full range of disabilities and the limitations that each disability places on the individuals ability to access the environment

interpreting accurately how the full range of environmental barriers impact on any of the impairments that people with disabilities might have

applying building legislation and contract legislation

incorporating accurately the requirements of plans and specifications into all contract documentation

finalising contracts for accessible building work within agreed timeframes

applying organisational management policies and procedures including quality assurance requirements

integrating risk management principles into the development of contracts

Context of and specific resources for assessment

Resource implications for assessment include

a registered provider of assessment services

competency standards

assessment materials and tools

suitable assessment venueequipment

workplace documentation

candidate special requirements

cost and time considerations

Validity and sufficiency of evidence requires that

competency will need to be demonstrated over a period of time reflecting the scope of the role

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the persons competence

all assessment that is part of a structured learning experience must include a combination of direct indirect and supplementary evidence

where assessment is for the purpose of recognition RCCRPL the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated projectbased activity and must include evidence relating to each of the elements in this unit


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording in the performance criteria is detailed below. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

Contract parties may include:

principal

builder

superintendent (where relevant).

Legislative requirements may include:

AS2421 for simple contracts between the principal and the builder

AS4000 for contracts between the principal and the builder where a third party (e.g. a superintendent), ensures that all agreements are met

BCA

DDA Education Standard

DDA Premises Standard

DDA Transport Standard

environmental protection

insurance

occupational health and safety (OHS)

privacy

trade practices

consumer protection

workers compensation insurance.

Organisational requirements may be outlined and reflected in:

access and equity policy, principles and practices

business and performance plans

client service policies, procedures and standards

codes of conduct and codes of practice

communication channels and reporting procedures

communication of services offered

complaint and dispute resolution procedures

compliance with legislation, codes and workplace standards

continuous improvement processes and standards

defined resource parameters

duty of care

employer and employee rights and responsibilities

ethical standards

legal policies and guidelines

OHS policies, procedures and programs

organisational mission statement, goals, objectives, plans, systems and processes

policies and procedures relating to the setting of fees and the negotiation and management of contracts

policies and procedures relating to own role, responsibilities and delegation

privacy and confidentiality policies and procedures

quality assurance and procedures manuals

records and information management systems and processes

style guides and other guides used to prepare documents.

Consultative processes may include:

face to face meetings

telephone conversations

written communication (e.g. facsimile and email).

Relevant people may include:

supervisors

colleagues

clients

parties to contract

legal representatives

government agencies

industry regulators

industry associations.

Required contract information may include:

date, name of principal, name of contractor, names of witnesses

work to be done, incorporating special instructions and reference to working documents and specifications

contract price and type of contract (e.g. fixed price, rise and fall, or cost plus)

earliest and latest dates for contractor to commence work

method of paying the contractor

statement that the contractor shall be responsible for the payment of all wages to workers before a progress claim is made

provisions for variations to the contract

hours of work

payment of fees to statutory bodies

payment of required insurances e.g. statutory building insurance, workers compensation, public liability and professional indemnity

default protection clauses for protection of the principal and the contractor

clause defining responsibilities regarding scaffolding

provisions for sending and receiving formal notices between the principal and the contractor

clause requiring agreement with the principal before the contractor appoints any subcontractor

provision for the removal of incompetent or misbehaving workers

provision requiring the contractor to meet all conditions in any industrial award or industrial agreement relevant to the work

clause requiring contractor to maintain a clean and tidy site that complies with the requirements of environmental protection legislation

provision requiring each contractor or subcontractor to indemnify each other against damage caused to their work

a statement of quality of required workmanship and finish

a defined defects liability period

provision defining access to the contractor's work by third parties e.g. statutory authorities, lending authorities and the principal

provision for settling unresolved disputes.

Resources may include:

tools and equipment

materials

personnel

training

transport.

Risks may relate to:

failure of a contracted party to comply with contract terms and conditions

loopholes in contracts

physical, financial or human resources

competition

market influences

client/staff dissatisfaction (e.g. complaints)

health and safety

fire and security

project control and cash flow

suppliers and contractors

changes to regulations and legislation

time constraints

emergencies and disasters.

Appropriate person may include:

law firm

business partner or colleague

staff member

professional association.

Specialist advicemay be sought from:

solicitors/legal representatives

supervisors and colleagues

technical experts

government officials

industry professionals and associations.