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Elements and Performance Criteria

  1. Prepare for tribunal.
  2. Participate in conciliation processes for grievances and disputes.
  3. Use appropriate tribunal etiquette.
  4. Present case before tribunal.
  5. Act as a witness.

Range Statement

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.

Purpose and role of conciliation must include:

giving parties a chance to settle a matter on their terms

giving parties the opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation.

Evidence must include information that:

is descriptive

is devoid of assumptions or judgemental statements

represents details and facts of evidence pertinent to the case.

Examination of witnesses must include:

cross-examining respondent witnesses

questioning own witnesses

re-examining own or respondent witnesses.

Pre- and post-tribunal briefings and debriefings must include:

details of the case

outcomes and consequences of tribunal decisions

presentation of evidence

rules of evidence

tribunal protocol.


Performance Evidence

A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.

The person must also appear effectively before a tribunal on three separate occasions as follows:

prepare and present a case before a tribunal on a property-related matter

participate in a conciliation process to resolve a property-related grievance or dispute

act as a witness at a tribunal on a property-related matter.

In doing the above, the person must:

apply knowledge of the role and jurisdiction of tribunals that hear matters relating to property operations

prepare and lodge applications for a tribunal

complete and store documentation relating to the above matters according to agency or organisation requirements.


Knowledge Evidence

A person demonstrating competency in this unit must demonstrate knowledge of:

protocols to follow when acting as a witness

purpose and role of conciliation in the property industry

key requirements of federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

leases

privacy

property sales and management

work health and safety (WHS)

role and jurisdiction of tribunal that hear matters relating to property operations

key features of the rules of evidence

powers and role of tribunals in property-related hearings

tribunal procedures, including:

documentation required for applications to tribunal

procedure to be followed for presenting a case to a tribunal

procedure to be followed where a matter has been settled prior to hearing

process for making an application to a tribunal

role of witnesses

tribunal etiquette.