Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

AHCARB605 Mapping and Delivery Guide
Provide consultation in a legal framework

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency AHCARB605 - Provide consultation in a legal framework
Description
Employability Skills
Learning Outcomes and Application This unit of competency describes the skills and knowledge required to provide consultation in a legal framework within an arboriculture context.This unit applies to individuals with broad theoretical and technical knowledge of a specific area or a broad field of work and learning and cognitive, technical and communication skills to demonstrate autonomy, judgement and defined responsibility in undertaking complex work within broad parameters to provide specialist advice and functions.The role involves the self-directed application of specialised knowledge in arboriculture with substantial depth in areas such as legislation, legal systems and processes and expert witness requirements.No occupational licensing, legislative or certification requirements are known to apply to this unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Assessment must be demonstrated consistently over time in a suitable range of contexts and have a productivity-based outcome. No single assessment event or report is sufficient to achieve competency in this unit.

Assessment may be conducted in a simulated or real work environment, however determination of competency requires the application of work practices under work conditions.

The mandatory equipment and materials used to gather evidence for assessment include:

equipment:

computer

word processing software

internet connection

materials:

expert witness report

glossary of legal terminology

Assessors must satisfy current standards for RTOs in the assessment of arboriculture units of competency.

Assessment must be conducted only by persons who have:

arboriculture vocational competencies at least to the level being assessed

current arboriculture industry skills directly relevant to the unit of competency being assessed
Prerequisites/co-requisites
Competency Field
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Analyse the legal context
  • Determine legislation and relevant cases applying to trees within specialist consulting areas of work
  • Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry
  • Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice
  • Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications
       
Element: Analyse precedent cases to determine advice outcomes
  • Analyse the jurisdiction of tree matters relevant to specific cases
  • Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs
  • Seek and review relevant precedents in law and published case studies
  • Determine appropriate statutes and supporting precedent cases
  • Provide arboricultural information based on the legal context
  • Determine alternative courses of action, and legal and non-legal consequences, and discuss with client
  • Provide advice within the context of statutes and precedent cases
       
Element: Reviewing developing and applying policy knowledge
  • Analyse and review policy documents in light of legislation and relevant cases
  • Prepare policy documents based on legislation and relevant cases
  • Determine areas of uncertainty in policy documents
  • Seek appropriate legal advice
       
Element: Prepare expert report
  • Developexpertise and specialisedknowledge in arboriculture
  • Follow statutory framework to give advice and work as an expert
  • Complete mandatory court requirements of specifications for content of expert reports
  • Record all observations and test results with precision
  • State assumptions underpinning policy documents
  • Substantiate all opinions using external authorities where possible
  • Prepare and provide a detailed evidentiary expert report
       
Element: Provide expert evidence
  • Confirm status as independent and unbiased provider of expert evidence consistent with professional practice
  • Read and comply with expert witness code of conduct
  • Prepare for the particular jurisdiction and matter at hand
  • Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence
  • Provide oral evidence and documented report as required
  • Assist the court impartially on matters relevant to the expert witness's area of expertise
  • Seek and provide clarification on areas of uncertainty
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

Element

Performance criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Analyse the legal context

1.1 Determine legislation and relevant cases applying to trees within specialist consulting areas of work

1.2 Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

1.3 Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

1.4 Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

2. Analyse precedent cases to determine advice outcomes

2.1 Analyse the jurisdiction of tree matters relevant to specific cases

2.2 Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

2.3 Seek and review relevant precedents in law and published case studies

2.4 Determine appropriate statutes and supporting precedent cases

2.5 Provide arboricultural information based on the legal context

2.6 Determine alternative courses of action, and legal and non-legal consequences, and discuss with client

2.7 Provide advice within the context of statutes and precedent cases

3. Reviewing developing and applying policy knowledge

3.1 Analyse and review policy documents in light of legislation and relevant cases

3.2 Prepare policy documents based on legislation and relevant cases

3.3 Determine areas of uncertainty in policy documents

3.4 Seek appropriate legal advice

4. Prepare expert report

4.1 Developexpertise and specialisedknowledge in arboriculture

4.2 Follow statutory framework to give advice and work as an expert

4.3 Complete mandatory court requirements of specifications for content of expert reports

4.4 Record all observations and test results with precision

4.5 State assumptions underpinning policy documents

4.6 Substantiate all opinions using external authorities where possible

4.7 Prepare and provide a detailed evidentiary expert report

5. Provide expert evidence

5.1 Confirm status as independent and unbiased provider of expert evidence consistent with professional practice

5.2 Read and comply with expert witness code of conduct

5.3 Prepare for the particular jurisdiction and matter at hand

5.4 Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence

5.5 Provide oral evidence and documented report as required

5.6 Assist the court impartially on matters relevant to the expert witness's area of expertise

5.7 Seek and provide clarification on areas of uncertainty

The candidate must be assessed on their ability to integrate and apply the performance requirements of this unit in a workplace setting. Performance must be demonstrated consistently over time and in a suitable range of contexts.

The candidate must provide evidence for and demonstrate:

determining legislation and relevant cases applying to trees within specialist consulting areas of work

reviewing and analysing the relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

applying detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

using common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

analysing the jurisdiction of tree matters relevant to specific cases

applying knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

seeking and reviewing relevant precedents in law and review published case studies

determining appropriate statutes and supporting precedent cases

providing arboricultural information based on the legal context

determining alternative courses of action, and legal and non-legal consequences, and discuss with client

providing advice within the context of statutes and precedent cases

analyzing and reviewing policy documents in light of legislation and relevant cases

preparing policy documents based on legislation and relevant cases

determining areas of uncertainty in policy documents

seeking appropriate legal advice

developing expertise and specialised knowledge in arboriculture

following statutory framework to give advice as an expert

confirming status as independent and unbiased provider of expert evidence within witness code of conduct programs

recording all observations and test results with precision

stating assumptions underpinning policy documents

substantiating opinions using external authorities where possible

preparing and providing a detailed evidentiary report

preparing for the particular jurisdiction and matter at hand

preparing evidence based on factual data, documented observations and results and complying with the rules of evidence

providing oral evidence and respond to questions impartially

seeking and providing clarification on areas of uncertainty.

The candidate must demonstrate knowledge of:

relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

relevant precedents in law and published case studies

arboricultural information based on the legal context

expertise and specialised knowledge in arboriculture

common legal terms associated with within the consultants area of practice with a clear understanding of their meaning and implications

preparation of policy documents based on legislation and relevant cases

preparation of detailed evidentiary reports.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Element

Performance criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Analyse the legal context

1.1 Determine legislation and relevant cases applying to trees within specialist consulting areas of work

1.2 Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry

1.3 Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice

1.4 Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications

2. Analyse precedent cases to determine advice outcomes

2.1 Analyse the jurisdiction of tree matters relevant to specific cases

2.2 Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs

2.3 Seek and review relevant precedents in law and published case studies

2.4 Determine appropriate statutes and supporting precedent cases

2.5 Provide arboricultural information based on the legal context

2.6 Determine alternative courses of action, and legal and non-legal consequences, and discuss with client

2.7 Provide advice within the context of statutes and precedent cases

3. Reviewing developing and applying policy knowledge

3.1 Analyse and review policy documents in light of legislation and relevant cases

3.2 Prepare policy documents based on legislation and relevant cases

3.3 Determine areas of uncertainty in policy documents

3.4 Seek appropriate legal advice

4. Prepare expert report

4.1 Developexpertise and specialisedknowledge in arboriculture

4.2 Follow statutory framework to give advice and work as an expert

4.3 Complete mandatory court requirements of specifications for content of expert reports

4.4 Record all observations and test results with precision

4.5 State assumptions underpinning policy documents

4.6 Substantiate all opinions using external authorities where possible

4.7 Prepare and provide a detailed evidentiary expert report

5. Provide expert evidence

5.1 Confirm status as independent and unbiased provider of expert evidence consistent with professional practice

5.2 Read and comply with expert witness code of conduct

5.3 Prepare for the particular jurisdiction and matter at hand

5.4 Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence

5.5 Provide oral evidence and documented report as required

5.6 Assist the court impartially on matters relevant to the expert witness's area of expertise

5.7 Seek and provide clarification on areas of uncertainty

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Determine legislation and relevant cases applying to trees within specialist consulting areas of work 
Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry 
Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice 
Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications 
Analyse the jurisdiction of tree matters relevant to specific cases 
Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs 
Seek and review relevant precedents in law and published case studies 
Determine appropriate statutes and supporting precedent cases 
Provide arboricultural information based on the legal context 
Determine alternative courses of action, and legal and non-legal consequences, and discuss with client 
Provide advice within the context of statutes and precedent cases 
Analyse and review policy documents in light of legislation and relevant cases 
Prepare policy documents based on legislation and relevant cases 
Determine areas of uncertainty in policy documents 
Seek appropriate legal advice 
Developexpertise and specialisedknowledge in arboriculture 
Follow statutory framework to give advice and work as an expert 
Complete mandatory court requirements of specifications for content of expert reports 
Record all observations and test results with precision 
State assumptions underpinning policy documents 
Substantiate all opinions using external authorities where possible 
Prepare and provide a detailed evidentiary expert report 
Confirm status as independent and unbiased provider of expert evidence consistent with professional practice 
Read and comply with expert witness code of conduct 
Prepare for the particular jurisdiction and matter at hand 
Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence 
Provide oral evidence and documented report as required 
Assist the court impartially on matters relevant to the expert witness's area of expertise 
Seek and provide clarification on areas of uncertainty 

Forms

Assessment Cover Sheet

AHCARB605 - Provide consultation in a legal framework
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

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Assessor name:

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Date:

Assessment Record Sheet

AHCARB605 - Provide consultation in a legal framework

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: