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Elements and Performance Criteria

Apply principles of Aboriginal and Torres Strait Islander customary law to performing arts practice
- Seek advice from relevant personnel where appropriate to establish how principles of customary law affect own dance practice
- Take guidance and direction from cultural mentors
Behave ethically and with respect for tradition
Identify copyright issues for the protection of cultural heritage
- Apply knowledge of copyright to products
- Seek advice where required, to ensure that copyright issues are fully addressed in terms of own rights and the rights of others
Liaise with Indigenous communities, groups and individuals in ethical and culturally appropriate ways
Follow cultural protocols, ethics and traditions when rehearsing and performing

Required Skills

Required skills

communication skills to

discuss customary law ethics and traditions with relevant personnel

respond appropriately to feedback on own skill development and performance

participate in mentoring arrangements with Aboriginal and Torres Strait Islander people

initiative and enterprise skills to

investigate and employ relevant cultural protocols and culturally appropriate communication such as obtaining permission consultation issues of ownership and custodianship

observe protocols appropriate to the Aboriginal and Torres Strait Islander community in dance performances

learning skills to liaise with other Indigenous people in ways that are culturally supportive and comply with relevant protocols

literacy skills to

identify read and understand relevant legal documents

complete relevant documentation

undertake research regarding copyright and interpret research findings

planning and organising skills to

consult with others in compiling a code of ethics

meet work requirements and make informed decisions

problemsolving skills to negotiate with others and achieve consensus and agreed outcomes

selfmanagement skills to seek and follow advice as required

teamwork skills to work collaboratively with others involved in dance classes and performances

technology skills to search for and download information from the internet

Required knowledge

own Aboriginal and Torres Strait Islander identity

traditions of ownership and protocols relating to created work and performance in Aboriginal and Torres Strait Islander cultures

common structures and operations in Indigenous communities

recognition respect and compliance with Indigenous laws

recognition and respect for ethical dealings in the performing arts

sections of Copyright Act and Copyright Amendment Act relevant to own arts practice

moral rights protection

Australian Indigenous cultural and intellectual property

difference between performing mechanical and synchronisation rights

function of organisations such as

National Indigenous Arts Advocacy Association Inc

Australian Copyright Council

Australasian Performing Right Association Limited

international copyright and collection societies

needs and rights of relevant parties

Evidence Required

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

Overview of assessment

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

Evidence of the ability to

integrate knowledge of cultural heritage moral rights and community ethics into communication with community mentors and performances

maintain the integrity of cultural heritage and cultural knowledge for communities

seek and follow advice in order to work as an Indigenous performing artist in culturally appropriate ways

advocate for and support cultural maintenance and renewal knowledge

understand protocols for the sharing of information and the expression of information pertaining to cultural works

comply with rules of customary laws and protocols in relation to the production presentation and distribution of works which express Aboriginal and Torres Strait Islander identity

comply with rules relevant to ideas and customs of the specific communities involved in the reproduction of heritage in the dance performance

commit to consultation with elders and other advisers in the construction of a code of ethics

liaise with other Indigenous people in culturally supportive ways that comply with relevant protocols

Context of and specific resources for assessment

Assessment may take place in communities on the job off the job or a combination of on and off the job

Assessment must ensure access to

Aboriginal and Torres Strait Islander elders custodians and other culturally knowledgeable people authorised by their communities to act as mentors in arts and culture and performance disciplines

appropriate performance areas or spaces including outdoor locations

sources of information needed to manage copyright including the Copyright Act

Assessors should be Aboriginal and Torres Strait Islander people validated by their communities and the Community Advisory Board set up to oversee implementation of the training They must ensure that the cultural and intellectual property rights of Aboriginal and Torres Strait Islander peoples are protected

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

direct questioning combined with review of portfolios of evidence

thirdparty workplace reports of onthejob performance

evaluation of authenticated samples of culturally appropriate choreographed dance performance

verbal or written questioning to test knowledge as listed in the required skills and knowledge section of this unit

case studies and scenarios as a basis for discussion of issues of copyright

analysis of a documented code of ethics

direct observation of candidate liaising with other Indigenous people in ways that are culturally supportive

Assessment methods should closely reflect workplace demands eg literacy and the needs of particular groups eg people with disabilities and people who may have literacy or numeracy difficulties such as speakers of languages other than English remote communities and those with interrupted schooling

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended for example

CUADANA Increase depth of Aboriginal and Torres Strait Islander dance technique

CUADAN302A Increase depth of Aboriginal and Torres Strait Islander dance technique

CUAINDA Develop and maintain relationships with Indigenous Australian performance mentors

CUAIND302A Develop and maintain relationships with Indigenous Australian performance mentors

CUFCMPA Implement copyright arrangements

CUFCMP301A Implement copyright arrangements.

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, if used in the performance criteria, is detailed below. 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) may also be included.

Relevant personnel may include:	choreographers community members custodians elders managers mentors performers supervisors.
Customary law may include:	rules, values, traditions and protocols governing behaviour in Aboriginal and Torres Strait Islander communities and contexts, which have been passed down generations and often refer to traditions that predate 1788 and that are accepted by members of those communities customs and protocols as required in particular locations and situations, such as: access to information kinship avoidance relationships ownership use of signs, symbols, movement or musical sequences obtaining permission from custodians before performing customary material communication protocols expected to be followed.
Code of ethics will include consideration of:	protocols permission for use of idea or material ways in which ideas or material are used social justice equal opportunity intellectual and cultural property rights copyright feedback to cultural owners and communities.
Cultural values and principles may include:	sensitive cultural values and principles, such as: acceptance within and by the community as an Aboriginal and Torres Strait Islander person understanding and maintenance of own lore, land and traditions (cultural identity issues) internal family and community construction politics levels of acknowledgement and respect for business connected with: extended family ceremonial events, such as funerals and cultural leave, tombstone openings, shaving ceremonies and initiation customs cultural values religious expression personal and group responsibility and dignity social and cultural differences, such as: structure of community representation and powers of delegation differing approaches to the concept of respect individuals’ and communities’ particular circumstances and histories: place or geographical location access to services, such as education, health and transport language, including Aboriginal English, Torres Strait Kriol and traditional languages.
Traditions means:	body of knowledge, values and practices that have been collected over time by Aboriginal and Torres Strait Islander communities.
Copyright may include:	Copyright Act 1968 Copyright Amendment Act 2006 moral rights protection Australian Indigenous cultural and intellectual property Australasian Performing Right Association Limited ownership of materials term of licence or assignment length of control period after expiration of term exploited reversion triggers non-exploited reversion triggers.
Products may include:	dramatic works protection against unauthorised use of own and other’s work commercial exploitation of own work under copyright, intellectual property and licensing legislation social and philosophical characteristics of Aboriginal and Torres Strait Islander creativity.
Liaison involves:	communicating and acting together and may include: contact visits to engage with individuals, organisations and communities telephone conversations letters meetings reasons for liaisons may include: research advice seeking feedback.
Cultural protocols may include:	rules of behaviour, which include: governing communication, access to and use of cultural information and practices that form the heritage of the diverse range of Aboriginal and Torres Strait Islander societies full set of protocols of a particular community or cultural grouping, which is likely to be unique, and may relate to: obtaining information and materials visiting individuals and communities forms and circumstances of communication obtaining permission from custodians before performing customary material communication protocols for effective and culturally appropriate communication, such as: plain speech avoiding use of jargon active listening use of interpreters and mediators common workplace strategies: identify barriers to effective cross-cultural communication and the causes of ineffective cross-cultural communication use of visual strategies, such as: diagrams, tables, graphs, pictures, flow charts and video images computer technology and other media strategies for individuals may include: non-verbal techniques, such as gestures display of positive regard and respect non-judgemental approaches ongoing personal and interpersonal skill development forming partnerships with cultural groups to achieve particular work goals monitoring and reflecting on own actions to ensure cultural values are not imposed on others.
Strategiesmay include:	developing understanding of own culture and history understanding key aspects and effects of Aboriginal and Torres Strait Islander culture and history on workplace issues understanding similarities to identify common ground of cultural groups in the workplace contextualising performance to cultural heritage and customary law.