| This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below. |
Legal framework must include: | common lawcontract lawequity lawstatute law. |
Components of statute law must include: | principal legislation, such as Actssubordinate legislation, such as:approvalsdeterminationsmandatory and non-mandatory administrative guidelinesordersregulations. |
Structureof property legislation and regulations must include: | endnotes, including:explanatory notesindextable of amendmentssection headings, margin notes and clause notesparts, sections, subsections, paragraphs, regulations, sub-regulations and clausestypes of provisions, including:approvalsdeeming provisionsdefinitions and interpretationsgeneral penaltiesobjectivesoffencesprescribed arrangements relating to regulations and orders. |
Common interpretation problems must include: | ambiguous wordsbroad phrasesneed for words to be impliedprinting and drafting errorsunforeseen developments, such as changes in technology or practice. |
Rules and techniques for interpreting property legislation and regulations must include: | aids to interpreting legislation, including:external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and previous judicial interpretationsinternal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, and margin noteslanguage conventions and expressions, including:and, orgenderhierarchyincludesmay, should and mustreading rules, including:contextgoldenliteralmischiefpurposiveexpress mention of one thing to the exclusion of anotherwords interpreted through their connection with other wordswords with the same meaning. |
Processes must include: | government agency approvalgovernor approvalminister approvalparliament. |
Source documents must include: | amendment Actsamendment regulationsBillsconsolidated or reprinted Acts. |
Techniques for tracking amendments must include: | government and industry newsletters and information sessionsuse of margin notes and tables of amendments. |
Appropriate people must include: | agency or organisation principalauthorised representativesbookkeepers, accountants and auditorslicensed real estate agentsproperty managerssales people. |
Industry codesof conduct must address at least two of the following: | ethical behaviourgeneral business operationsproperty sales and managementstrata community management. |
Records must include at least two of the following: | agency administrationproperty managementproperty salesstrata scheme administration. |