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

FNSTPB505 Mapping and Delivery Guide
Apply legal principles in property law

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency FNSTPB505 - Apply legal principles in property law
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills and knowledge required to research, analyse and apply legal principles to provide advice on property law matters to clients.It applies to individuals whose job role involves the application of knowledge of property law in the workplace.Work functions in the occupational areas where this unit may be used are subject to regulatory requirements. This unit is designed to meet educational requirements of the Tax Practitioner Board (TPB). Refer to the FNS Implementation Guide Companion Volume or the relevant regulator for specific guidance on requirements.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

Assessment must be conducted in a safe environment where evidence gathered demonstrates consistent performance of typical activities experienced in the tax and legal fields of work and include access to:

office equipment, technology, software and consumables

relevant legislation, regulations and codes of practice.

Assessors must satisfy NVR/AQTF assessor requirements.

This unit is designed to meet the education requirements of the Tax Practitioner Board (TPB). Where registration with the TPB is sought, assessment must reflect the conditions described by the regulator which stipulate that a significant amount (at least 40%) must be completed under some form of independent supervision. Where recognition of prior learning (RPL) is used, it must also meet the requirements of the Board’s policy on RPL.

Details of requirements can be accessed on the TPB website at <http://www.tpb.gov.au>.
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: Research legal aspects of property law
  • 1.1 Identify client's circumstances that require advice on property law matters
  • Research relevant property law and related legislation, regulation and practice
  • Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose
  • Identify relevant legal principles applying to property matters that are relevant to client circumstances
       
Element: Analyse legal issues and risks associated with operation of a business
  • Identify areas of risk in application of law in property matters
  • Analyse how legal issues impact on different types of legal entities and business structures
  • Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures
       
Element: Apply knowledge of property laws to client circumstances
  • 3.1 Collect and collate client's available information for analysis
  • Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances
  • Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information
  • Provide advice to client based on client’s circumstances and relevant law
       
Element: Maintain legal knowledge
  • 4.1 Review client's circumstances and apply any changes in relevant aspects of property law
  • Review relevant legal sources regularly and apply any changes in daily work
  • Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law
       


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. Research legal aspects of property law

1.1 Identify client's circumstances that require advice on property law matters

1.2 Research relevant property law and related legislation, regulation and practice

1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose

1.4 Identify relevant legal principles applying to property matters that are relevant to client circumstances

2. Analyse legal issues and risks associated with operation of a business

2.1 Identify areas of risk in application of law in property matters

2.2 Analyse how legal issues impact on different types of legal entities and business structures

2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures

3. Apply knowledge of property laws to client circumstances

3.1 Collect and collate client's available information for analysis

3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances

3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information

3.4 Provide advice to client based on client’s circumstances and relevant law

4. Maintain legal knowledge

4.1 Review client's circumstances and apply any changes in relevant aspects of property law

4.2 Review relevant legal sources regularly and apply any changes in daily work

4.3 Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

Evidence of the ability to:

research for any changes to, or new, legislative requirements in relation to property law relevant to the client's circumstances

apply current statute, common law and equitable principles in relation to property law that are relevant to the client's circumstances

present a recommendation and advise clients after considering their circumstances and relevant property laws.

Note: If a specific volume or frequency is not stated, then evidence must be provided at least once.

To complete the unit requirements safely and effectively, the individual must:

explain the operation of the Australian legal systems and processes relevant to property law including:

basic principles, current statute, common law and equitable principles

roles and responsibilities of key organisations

constitutional considerations

separation of powers

basic principles of the law of torts, particularly relating to negligence and negligent misstatement

courts and regulatory bodies

outline how laws are enacted and their underlying policy aims

explain how those laws may be interpreted by existing common law and equitable rules and applied to property laws

outline legal aspects of real property law:

the Torrens system

native title

leases – commercial and residential

mortgages and securities

easements

restrictive covenants

co-ownership

strata and community title

outline legal aspects of personal property law:

intellectual property law

patents

copyrights

trademarks

personal property securities law.

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. Research legal aspects of property law

1.1 Identify client's circumstances that require advice on property law matters

1.2 Research relevant property law and related legislation, regulation and practice

1.3 Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose

1.4 Identify relevant legal principles applying to property matters that are relevant to client circumstances

2. Analyse legal issues and risks associated with operation of a business

2.1 Identify areas of risk in application of law in property matters

2.2 Analyse how legal issues impact on different types of legal entities and business structures

2.3 Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures

3. Apply knowledge of property laws to client circumstances

3.1 Collect and collate client's available information for analysis

3.2 Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances

3.3 Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information

3.4 Provide advice to client based on client’s circumstances and relevant law

4. Maintain legal knowledge

4.1 Review client's circumstances and apply any changes in relevant aspects of property law

4.2 Review relevant legal sources regularly and apply any changes in daily work

4.3 Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law

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
1.1 Identify client's circumstances that require advice on property law matters 
Research relevant property law and related legislation, regulation and practice 
Identify different types of appropriate property transactions and clearly outline their legal context, establishment procedures and purpose 
Identify relevant legal principles applying to property matters that are relevant to client circumstances 
Identify areas of risk in application of law in property matters 
Analyse how legal issues impact on different types of legal entities and business structures 
Evaluate relevance to client circumstances and implication of risks for structure, operation and performance of different types of legal entities and business structures 
3.1 Collect and collate client's available information for analysis 
Interpret, analyse and process available information to obtain required knowledge applicable to client circumstances 
Seek advice and guidance of specialist if required, to interpret, analyse and synthesise client and legal information 
Provide advice to client based on client’s circumstances and relevant law 
4.1 Review client's circumstances and apply any changes in relevant aspects of property law 
Review relevant legal sources regularly and apply any changes in daily work 
Access and use systems for keeping up with changes and maintain up-to-date knowledge about relevant legal aspects of property law 

Forms

Assessment Cover Sheet

FNSTPB505 - Apply legal principles in property law
Assessment task 1: [title]

Student name:

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

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Result: Competent Not yet competent

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Assessment Record Sheet

FNSTPB505 - Apply legal principles in property law

Student name:

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

(add lines for each task)

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Overall assessment result: Competent Not yet competent

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