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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.

Required Skills

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

Required skills

ability to communicate with and relate to a range of people from diverse social economic and cultural backgrounds and with varying physical and mental abilities

analytical skills to interpret documents such as legislation regulations leases and contracts

application of risk management strategies associated with resolving disputes through recourse to a tribunal or court

computing skills to access agency databases send and receive emails and complete standard forms online

decision making and problem solving skills to analyse situations and make decisions consistent with legislative and ethical requirements

literacy skills to access and interpret a variety of texts including legislation regulations leases and contracts prepare general information papers formal letters reports and applications and complete standard forms

planning organising and scheduling skills to prepare a case for a tribunal

research skills to identify and locate documents and information relating to tribunal powers and procedures

Required knowledge and understanding

acting as a witness

purpose and role of conciliation

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

antidiscrimination and equal employment opportunity

consumer protection fair trading and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

leases

OHS

privacy

property sales and management

risks and risk management strategies

role and jurisdiction of tribunal and courts that hear matters relating to real estate operations

rules of evidence

tribunal powers and role

tribunal procedures including

documentation required for applications to tribunal

procedure for presenting a case to a tribunal or court

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

process for making an application to a tribunal or court

role of witnesses

tribunal etiquette

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 case studies and practical demonstration of preparing and presenting a case at a tribunal Targeted written including alternative formats where necessary or verbal questioning to assess the candidates underpinning knowledge would provide additional 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

acting as a witness at a tribunal

knowledge of the role and jurisdiction of tribunals and courts that hear matters relating to real estate operations

participating in conciliation processes for grievances and disputes

preparing a case for a tribunal

preparing and lodging applications for a tribunal

presenting a case at a tribunal

Context of and specific resources for assessment

Resource implications for assessment include

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services

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.

Assisting professionals may include:

accountants

advocates

auditors

building and property consultants

solicitors.

Legislative requirements may include:

relevant federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection, fair trading and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

leases

OHS

privacy

property sales and management.

Purpose and role of conciliation gives the parties:

chance to settle a matter on their terms

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

Evidence is:

descriptive

devoid of assumptions or judgemental statements

represents details and facts of the evidence that are pertinent to the case.

Examination of witnesses may involve:

cross-examination of respondent witnesses

questioning of own witnesses

re-examination of own or respondent witnesses.

Pre and post-tribunal briefings and debriefings may include:

details of the case

outcomes and consequences of tribunal decisions

presentation of evidence

rules of evidence

tribunal protocol.