• CPCCSV6011A - Apply legal procedures to building surveying

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

CPCCSV6011A Mapping and Delivery Guide
Apply legal procedures to building surveying

Version 1.0
Issue Date: March 2024


Qualification -
Unit of Competency CPCCSV6011A - Apply legal procedures to building surveying
Description This unit of competency specifies the outcomes required to advise on building control activities in a court of law and present evidence in accordance with rules of evidence for civil and criminal trials.It includes the identification and application of the rules of statutory interpretation as they relate to building control legislation.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit of competency supports the attainment of the understanding and skills to apply legal procedures to building surveying within the context of common law, relevant legislation, the Building Code of Australia (BCA) and Australian standards.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Nil Nil
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: Distinguish between common law, judicial precedent and legislation.
  • Common law in the Australian legal system is analysed and documented.
  • Binding and persuasive precedent is analysed and interpreted.
  • Relationship between common law and statute law is analysed and documented.
  • Delegated legislation and authorities' allocated specific powers are documented.
  • Legal practice of reading case law and law updates are appraised and noted.
       
Element: Identify and interpret the court hierarchy and the civil/criminal jurisdictions of each court.
  • Civil/criminal court hierarchy is analysed and documented.
  • Details of the types of courts for civil/criminal jurisdiction of each court are analysed and documented.
  • System of civil/criminal appeals is identified and documented.
  • Jurisdiction that the coroner's court has in regulatory practice and its role in legislative reform are identified and documented.
  • Role of legal personnel in the court system is identified and documented.
       
Element: Identify and interpret courtroom procedures.
  • Court examination procedures are identified and documented.
  • Role of a judge and jury in a civil/criminal trial and eligibility to attend for jury service are identified and documented.
  • Format of a prosecution brief is identified and documented.
  • Appropriate manner of entering in to and departing courts or tribunals is adhered to.
  • Appropriate manner of addressing courts or tribunals is adhered to.
  • Relevant legal language is applied.
       
Element: Identify types of offences and defences within criminal law.
  • Presumption of innocence in a criminal case and the burden of proof are analysed and documented.
  • General principles of criminal liability are determined.
  • Differences between summary and indictable offences are analysed and documented.
  • Types of defences are analysed and documented.
       
Element: Detail types of evidence admissible in a civil/criminal trial.
  • Types of evidence are analysed and documented.
  • Differences between types of evidence in a court of law are defined and outlined.
  • Evidence rules are identified and documented.
       
Element: Identify the rules of statutory interpretation.
  • Acts of parliament and subordinate legislation as a source of law are analysed and documented.
  • Extrinsic and intrinsic material as they relate to federal, state or territory Interpretation Acts are identified and documented.
  • Syntactical presumptions are analysed and documented.
  • General approaches to statutory interpretation are identified and analysed.
       


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.

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

This unit of competency could be assessed in the workplace or a close simulation of the workplace environment, provided that simulated or project-based assessment techniques fully replicate construction workplace conditions, materials, activities, responsibilities and procedures.

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 the ability to:

comply with OHS regulations applicable to workplace operations

apply organisational management policies and procedures, including quality assurance requirements where applicable

perform research, interpretation and analysis together with attendance and involvement in at least one civil law case and at least one criminal law case impacting on building control legislation, all in accordance with the professional code of conduct and ethics applicable to building control

provide reports to appropriate body/individual as determined by the project brief.

Context of and specific resources for assessment

This competency is to be assessed using standard and authorised work practices, safety requirements and environmental constraints.

Assessment of essential underpinning knowledge will usually be conducted in an off-site context.

Assessment is to comply with relevant regulatory or Australian standards' requirements.

Resource implications for assessment include:

an induction procedure and requirement

realistic tasks or simulated tasks covering the mandatory task requirements

relevant specifications and work instructions

tools and equipment appropriate to applying safe work practices

support materials appropriate to activity

workplace instructions relating to safe work practices and addressing hazards and emergencies

material safety data sheets

research resources, including industry related systems information.

Reasonable adjustments for people with disabilities must be made to assessment processes where required. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support.

Method of assessment

Assessment methods must:

satisfy the endorsed Assessment Guidelines of the Construction, Plumbing and Services Training Package

include direct observation of tasks in real or simulated work conditions, with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application

reinforce the integration of employability skills with workplace tasks and job roles

confirm that competency is verified and able to be transferred to other circumstances and environments.

Validity and sufficiency of evidence requires 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 on competency only taken at the point when the assessor has complete confidence in the person's demonstrated ability and applied knowledge

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence.

Assessment processes and techniques should as far as is practical take into account the language, literacy and numeracy capacity of the candidate in relation to the competency being assessed.

Supplementary evidence of competency may be obtained from relevant authenticated documentation from third parties, such as existing supervisors, team leaders or specialist training staff.


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.

Required skills

Required skills for this unit are:

ability to respond to change and contribute to workplace responsibilities, such as current work site environmental and sustainability frameworks or management systems

communication skills to:

address courts/tribunals

enable clear and direct communication, using questioning to identify and confirm requirements, share information, listen and understand

read and interpret:

legislation

other relevant documentation

use language and concepts appropriate to cultural differences

use and interpret non-verbal communication

written skills to record relevant information.

Required knowledge

Required knowledge for this unit is:

Australian legal system and applications of law and legal principles in building surveying

building policy and legislation

legal terminology, definitions, processes and procedures used in standard court operations

processes for the administration and preparation of documentation

relevant federal, state or territory legislation and local government policy and procedures

research processes and strategies.

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.

Australian legal system includes:

Australian common law system

laws applicable to building surveying

professional code of ethics.

Statute law includes:

common law

judicial precedent

legislation.

Types of courts include:

civil and criminal jurisdictions.

Types of evidence include:

admissible and inadmissible evidence

direct

documented

hearsay

oral

real

secondary.

Federal legislation includes:

Disability Discrimination Act.

State or territory legislation includes:

environmental health, planning, OHS and local government by-laws.

Syntactical presumptions include:

ejusdem generis

noscitur a sociis.

Statutory interpretation includes:

golden rule

literal rule

mischief rule.

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
Common law in the Australian legal system is analysed and documented. 
Binding and persuasive precedent is analysed and interpreted. 
Relationship between common law and statute law is analysed and documented. 
Delegated legislation and authorities' allocated specific powers are documented. 
Legal practice of reading case law and law updates are appraised and noted. 
Civil/criminal court hierarchy is analysed and documented. 
Details of the types of courts for civil/criminal jurisdiction of each court are analysed and documented. 
System of civil/criminal appeals is identified and documented. 
Jurisdiction that the coroner's court has in regulatory practice and its role in legislative reform are identified and documented. 
Role of legal personnel in the court system is identified and documented. 
Court examination procedures are identified and documented. 
Role of a judge and jury in a civil/criminal trial and eligibility to attend for jury service are identified and documented. 
Format of a prosecution brief is identified and documented. 
Appropriate manner of entering in to and departing courts or tribunals is adhered to. 
Appropriate manner of addressing courts or tribunals is adhered to. 
Relevant legal language is applied. 
Presumption of innocence in a criminal case and the burden of proof are analysed and documented. 
General principles of criminal liability are determined. 
Differences between summary and indictable offences are analysed and documented. 
Types of defences are analysed and documented. 
Types of evidence are analysed and documented. 
Differences between types of evidence in a court of law are defined and outlined. 
Evidence rules are identified and documented. 
Acts of parliament and subordinate legislation as a source of law are analysed and documented. 
Extrinsic and intrinsic material as they relate to federal, state or territory Interpretation Acts are identified and documented. 
Syntactical presumptions are analysed and documented. 
General approaches to statutory interpretation are identified and analysed. 

Forms

Assessment Cover Sheet

CPCCSV6011A - Apply legal procedures to building surveying
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

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:


Assessment Record Sheet

CPCCSV6011A - Apply legal procedures to building surveying

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: