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

LGALAND502A Mapping and Delivery Guide
Identify native title issues relevant to local government context and functions

Version 1.0
Issue Date: April 2024


Qualification -
Unit of Competency LGALAND502A - Identify native title issues relevant to local government context and functions
Description This unit covers assessing the implications for local government of native title rights and interests and the issues that require resolution.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Prerequisite Unit/s
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: Determine the scope of native title applications
  • Council database of land and water holdings is checked against the formal and informal registers of native title determinations, applications and agreements held by the National Native Title Tribunal (NNTT).
  • Details of any applications and determinations are obtained and mapped.
  • Discussions are held with native title holders/claimants and the relevant native title representative body about areas of land or waters included or excluded from any native title determination applications.
  • Mapping of applications and determinations is checked with claimants and NNTT.
       
Element: Identify native title issues for local government
  • Legal requirements to notify and consult or negotiate with applicants and/or native title holders are researched.
  • Native title holders/applicants are consulted on their rights and interests and how they expect to exercise those rights and interests.
  • Native title holders/applicants are consulted about council plans or other land use and development intentions in areas subject to a native title determination or are included in an application for a native title determination.
  • Relevant stakeholders and government agencies are consulted on likely impact of native title on existing and future land uses.
  • The impact on existing and future land uses and activities is assessed and issues for discussion with native title holders/applicants are identified.
  • The processes for obtaining validity for activities that will affect native title rights and interests are investigated.
  • Discussions are held with native title holders/applicants and the relevant native title representative body and outcomes are documented.
  • Requirements to notify and consult or negotiate with native title holders/applicants are integrated into council strategic, corporate and operational decision-making processes.
       


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.

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

The demonstrated ability to:

determine the scope and effect of native title determination applications on council's area and responsibilities

identify issues that arise from native tile determination applications and negotiate outcomes with native title holders/applicants and incorporate them into council's strategic, corporate and operational plans.

Context of assessment

Competency is demonstrated by the performance of all stated criteria, with particular attention to the critical aspects of evidence and the knowledge and skills elaborated in the Evidence Guide, and within the scope of the Range Statement.

Assessment must take account of the endorsed Assessment Guidelines in the Local Government Training Package.

Assessment of the performance requirements in this unit should be undertaken in an actual workplace or simulated environment.

Assessment should reinforce the integration of the key competencies for the particular AQF level. Refer to the key competency levels at the end of this unit.

Relationship to other units(prerequisite or co-requisite units)

To enable holistic assessment this unit may be assessed with other units that form the job role.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence should be collected over a set period of time that is sufficient to include dealings with an appropriate range and variety of situations.

Resource implications

The learner and trainer should have access to appropriate documentation and resources normally used in the workplace.

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.

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

Required Skills

oral and written communication

research

evaluation

decision making

consultation

mediation

negotiation.

Required Knowledge

origins and concepts of native title

Australian land tenure system

relevant commonwealth and state or territory legislation

primary cases on native title

Aboriginal and Torres Strait Islander laws and customs

system for considering native title determination applications

processes for mediation and litigation in native title matters

advice of local government peak bodies on native title

relevant agencies

cultural context

community control

location and resources

legal requirements

organisational policies, procedures and processes.

Hidden text

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.

Relevant stakeholders and government agencies may include:

Australian Local Government Association

relevant state and territory local government associations

state or territory government agencies

the relevant native title representative body

NNTT

the applicant's legal representative.

The processes for obtaining validity for activities may include:

a registered Indigenous land use agreement under the Native Title Act 1993 (Cth)

following the correct processes under the Native Title Act 1993 (Cth) or a state or territory regime, if existing.

Hidden text

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
Council database of land and water holdings is checked against the formal and informal registers of native title determinations, applications and agreements held by the National Native Title Tribunal (NNTT). 
Details of any applications and determinations are obtained and mapped. 
Discussions are held with native title holders/claimants and the relevant native title representative body about areas of land or waters included or excluded from any native title determination applications. 
Mapping of applications and determinations is checked with claimants and NNTT. 
Legal requirements to notify and consult or negotiate with applicants and/or native title holders are researched. 
Native title holders/applicants are consulted on their rights and interests and how they expect to exercise those rights and interests. 
Native title holders/applicants are consulted about council plans or other land use and development intentions in areas subject to a native title determination or are included in an application for a native title determination. 
Relevant stakeholders and government agencies are consulted on likely impact of native title on existing and future land uses. 
The impact on existing and future land uses and activities is assessed and issues for discussion with native title holders/applicants are identified. 
The processes for obtaining validity for activities that will affect native title rights and interests are investigated. 
Discussions are held with native title holders/applicants and the relevant native title representative body and outcomes are documented. 
Requirements to notify and consult or negotiate with native title holders/applicants are integrated into council strategic, corporate and operational decision-making processes. 

Forms

Assessment Cover Sheet

LGALAND502A - Identify native title issues relevant to local government context and functions
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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Assessment Record Sheet

LGALAND502A - Identify native title issues relevant to local government context and functions

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:

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