AHCASW313
Apply knowledge of relevant legislation to Aboriginal sites work


Application

This unit of competency describes the skills and knowledge required to work within the constructs of relevant legislation when working with Aboriginal-sites, cultural materials and cultural landscapes.

This unit applies to Aboriginal sites workers working on Country or in other cultural and heritage contexts where legislative requirements are in place. The unit applies to working either as an autonomous sites worker or under the supervision and cultural authority of Traditional owners or Elders for specific Country.

This unit applies to all Aboriginal sites workers. However, cultural beliefs and practices vary across locations and communities and in some situations non-Aboriginal learners may not be able to access the cultural knowledge or materials required to achieve competency in this unit due to restrictions that are applied to non-Aboriginal people gaining access to cultural knowledge, material or sites. In these situations the Registered Training Organisation will be required to make alternative arrangements for learners that are still consistent with the delivery and assessment requirements for this unit.

No occupational licensing, legislative or certification requirements are known to apply to this unit at the time of publication.


Elements and Performance Criteria

Element

Performance criteria

Elements describe the essential outcomes.

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

1. Research the relevant legislation

1.1 Identify the legislative requirements that relate to Aboriginal sites work

1.2 Identify the purpose of legislation and environmental and sustainability requirements which apply to own work context

2. Identify relevant legislative provisions

2.1 Identify the laws that protect Aboriginal sites

2.2 Clarify compliance requirements with supervisor to confirm understanding and to ensure consistency of application across the organisation

2.3 Consult with experts to address any competing interests arising from different pieces of legislation with jurisdiction over the one Aboriginal cultural site, landscape or material

2.4 Carry out Aboriginal sites work within the constructs of relevant legislation

3. Identify stakeholder requirements

3.1 Communicate with clients and stakeholders to identify their needs in relation to relevant legislation

3.2 Provide referrals for stakeholders to expert advisors or advisory organisations

3.3 Recognise own limitations and professional boundaries

3.4 Conduct own Aboriginal sites work in accordance with legislative requirements and following Aboriginal cultural protocols and values

Evidence of Performance

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 that they can:

work within the constructs of relevant legislation in their work with Aboriginal sites, cultural materials and cultural landscapes

identify and apply relevant legislation to the circumstances appropriately and accurately

identify relevant compliance requirements affecting Aboriginal sites work in a specified jurisdiction

use referral options and other expertise to assist in interpreting and applying legislative requirements

communicate basic legal concepts and legislative language to Aboriginal clients and stakeholders in culturally appropriate way.


Evidence of Knowledge

The candidate must demonstrate knowledge of:

how Cultural and Heritage Legislation or relevant National Parks and Wildlife Service (NPWS) legislation applies to Aboriginal sites work

other legislation that may impact on Aboriginal sites work

organisations to which appropriate referrals can be made.


Assessment Conditions

Assessment must comply with Community protocols and be supported by Elders and Custodians of Country.

The assessor must satisfy the current standards for RTOs.


Foundation Skills

Foundation Skills essential to performance are explicit in the performance criteria of this unit of competency.


Range Statement


Sectors

Aboriginal Sites Work (ASW)