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Elements and Performance Criteria

  1. Interpret and comply with legislative, financial and procedural requirements.
  2. Interpret and comply with ethical practices and rules of conduct.
  3. Interpret work role and responsibilities.
  4. Identify risks.
  5. Complete standard contractual documentation.
  6. Develop understanding of industry employment requirements.

Required Skills

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

Required skills

communication skills to follow financial requirements such as trust account procedures identify and complete appropriate documentation interpret and understand legal financial and procedural requirements and access and understand a variety of information

computing skills to access the internet and web pages prepare and complete online forms lodge electronic documents and search online databases

interpersonal skills to relate to people from a range of social cultural and ethnic backgrounds and varying physical and mental abilities and to respect individual differences

organisational skills to create a personal professional development plan and prioritise personal professional development needs

reflection skills to differentiate between professional and personal values

selfevaluation skills to evaluate own work practices in order to identify ways to improve performance or understanding

Required knowledge and understanding

foundation knowledge of handling trust monies and office processes

limitations of work role responsibility and professional abilities

OHS issues and requirements

organisational and professional procedures

social and ethical practices and business standards

relevant federal and state or territory legislation and local government regulations related to

antidiscrimination

consumer protection

environmental issues

equal employment opportunity EEO

financial probity

franchise and business structures

industrial relations

OHS

property sales leasing and management

risk factors relating to a variety of transactions

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 through demonstrating the completion of daily work activities associated with the property industry in line with legal and procedural requirements Targeted written including alternative formats where necessary or verbal questioning to assess the candidates underpinning knowledge would provide supporting evidence of competence The demonstration and questioning would include collecting evidence of the candidates knowledge and application of ethical standards and relevant federal and state or territory legislation and regulations This assessment may be carried out in a simulated or workplace environment

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

interpreting and complying with relevant legislative financial and procedural requirements and confirming own understanding and application with relevant people

interpreting and complying with ethical practices and codes of conduct and checking own understanding and application with relevant people

identifying a range of potential and existing risks using appropriate information collection techniques and discussing recommendations on strategies to minimise risks with relevant people

completing standard contractual documentation ensuring adherence to legislative and procedural requirements and securely maintaining property information

interpreting and using industry employment and professional development guidelines and benchmarks and seeking assistance from key industry and statutory organisations to ensure own continuous professional development

interpreting and verifying own role and responsibilities and demonstrating an understanding and respect of individual differences in carrying out work tasks

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 venue and equipment

workplace documentation

candidate special requirements

cost and time considerations

Where applicable physical resources should include equipment modified for people with disabilities

Access must be provided to appropriate learning andor assessment support when required

Assessment processes and techniques must be culturally appropriate and appropriate to the language and literacy capacity of the candidate and the work being performed

Validity and sufficiency of evidence require that

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

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

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions and will reflect the requirements of the competency and the work being performed


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.

Legislative, financial and procedural requirements may be outlined and reflected in:

Australian Securities and Investments Commission, Australian Competition and Consumer Commission, and Foreign Investment Review Board requirements

Australian standards

federal and state taxation requirements

consumer protection laws and guidelines

court and tribunal precedents

environmental and zoning laws affecting access security, access and property use

freedom of information

home building requirements

licensing requirements

privacy and confidentiality requirements and laws applying to owners, contractors and tenants

public health

quality assurance and certification requirements

relevant common law

relevant federal, and state or territory legislation and regulations affecting organisational operation, including:

anti-discrimination and diversity

environmental issues

EEO

industrial relations

OHS

relevant industry codes of practice, which may cover areas including market sector, financial transactions, taxation, environment, construction, land use, native title, zoning, utilities use (water, gas and electricity), and contract or common law

relevant local government policies and regulations

strata, community and company titles

tenancy agreements

trade practices laws and guidelines.

Services may relate to:

business broking

buyer's advocacy or agent

marketing, sale and leasing of a range of property types

on-site residential property management

property management for a range of property types

residential and commercial real estate

rural agency practice

strata and community title management.

Clients may include:

agents or third parties for purchasers and vendors

in-house staff and office contractors

other agency staff

owner corporations and community title groups

potential vendors

prospective and existing landlords

prospective and existing tenants

prospective purchasers

purchasers

vendors.

Client needs may relate to:

beliefs and values

conventions of gender and sexuality

cultural practices and observations

cultural stereotypes

disposable income and financial constraints

environmental considerations

language

physical and mental disabilities

religious and spiritual observances

social conventions

verbal and non-verbal communication.

Organisational requirements may be outlined and reflected in:

access and equity principles and practice guidelines

agency policies and guidelines

business and performance plans

complaint and dispute resolution procedures

ethical standards and codes of practice, such as:

acting in principal's best interests

misrepresentation

over-servicing

fixed charges rather than fee for service

declaration of beneficial interest

clear communication of services offered and fee for services

clear negotiation of fees

goals, objectives, plans, systems and processes

legal policies and guidelines

mission statements and strategic plans

OHS policies, procedures and programs

policies and procedures in relation to client service

quality and continuous improvement processes and standards

quality assurance and procedure manuals

sales, marketing and leasing or management procedure manuals.

Relevant people may include:

clients

colleagues

consumers

legal representatives

members of industry associations

supervisors.

Specialist advice may be sought from:

architects

bankers and financiers

builders

emergency personnel

government officials

industry professionals and members of industry associations

investment consultants

OHS representatives

planners

real estate agents

solicitors

subcontractors

supervisors and colleagues

technical experts

valuers.

Regulatory and industry standards may include:

industry standards

legislative and statutory requirements outlined in relevant legislation, such as licensing, property, tenancy, tribunal and court

OHS

rules of conduct and ethical practices.

Codes of ethics and conduct may relate to:

acting in principal's best interests

clear communication of services offered and fee for services

clear negotiation of fees

declaration of beneficial interest

declaration of conflict of interest

duty of care

individual behaviour

maintaining confidentiality

misrepresentation

non-discriminatory practices

over-servicing

fixed charges rather than fee for service

use of organisational property.

Work practices may relate to:

appraising for sale or lease

canvassing for relevant business

listing for sale or lease

managing property

negotiating and executing lease arrangements

negotiating and executing sales

preparing for sale by auction

promoting and marketing property

promoting, advertising and undertaking administrative duties

providing support within an agency

receiving and handling monies

undertaking routine functions within the organisation.

Specific needs may relate to:

beliefs and values

conventions of gender and sexuality

cultural stereotypes

dress

food and diet

religious and spiritual observances

social conventions

traditional practices and observations

verbal and non-verbal language.

Feedback may include:

formal and informal discussions, reviews and evaluations with:

existing and previous clients

peers, colleagues and managers

information provided by others involved in a professional capacity, both internal and external to the organisation.

Risks:

may relate to:

changes to regulations and legislation

client and staff satisfaction

competition

emergencies and disasters

fire and security

health and safety

market influences

physical, financial or human resources

project control and cash flow

suppliers and contractors

time constraints

may be identified through:

audits and review of audit reports

checking work area and equipment before and during work

ongoing training

regular housekeeping activities

regular formal and informal consultation and meetings with colleagues

review of OHS records, including registers of hazardous substances and dangerous goods

workplace inspections in area of responsibility.

Limitations may relate to:

industry requirements

job role and responsibilities

legal responsibilities

own competency level

own interpretation of legislation, regulations and procedures

own understanding of risk identification processes

quality processes.

Information collection techniques may include:

discussions with colleagues and clients

documentation, reports and risk management plans

group workshops and brainstorming

incident reporting systems

interviews and questionnaires

media, including newspaper, radio, television and industry magazines

observation checklists

organisational or industry-based surveys.

Standard documentation may include:

building codes

licences

maps

organisational, industry and other contracts

permits

plans

property marketing, sale and lease agreements or contracts

specifications

tenancy agreements.

Business equipment and technology may include:

computers

data storage devices

email

facsimile machines

internet, extranet and intranet

photocopiers

printers

scanners

software applications, such as databases and word applications.

Professional development strategies may include:

coaching, mentoring and supervision

formal and informal learning programs

identifying and establishing new career paths

involvement in community and industry activities

updating and maintaining knowledge base on current issues for work and professional practice

using existing strengths to focus future career development

work rotation to facilitate changing work priorities.

Competency standards and other relevant benchmarks may relate to:

benchmarks such as:

industry code of conduct and code of ethics

statutory and legislative requirements related to working in the property sector

personal and technical knowledge, skills and attitudinal aspects required to undertake day-to-day tasks and duties of the work function effectively and efficiently; specifically:

competency standards for the property industry

other relevant industry, cross-industry and enterprise competency standards.