This unit is likely to be under limited supervision with checking related to overall progress. Responsibility for the work of others may be involved. Some discretion is required in working within community protocols and guidelines.

Note: Delivery and assessment against this standard must comply with community protocols and guidelines and be supported by elders and custodians of country.

ELEMENT

PERFORMANCE CRITERIA

1. Identify the role of traditional customs in indigenous communities

1.1. Specific impacts of traditional customs on a local community are investigated.

1.2. The impact of role delineation of indigenous men and women on land management practices is defined according to community protocols.

1.3. Current customs are compared with those of pre-European settlement to determine any impacts on the management of country.

2. Outline impact of native title rights and interests recognised under non-Indigenous law

2.1. Implications of the potential conflict of interest between people exercising their native title rights, which are in contravention of non-indigenous law, are investigated.

2.2. Instances where people exercising their native title rights are contained within non-indigenous law are outlined.

2.3. The limitations placed on the exercise of native title rights and interests by other valid grants of title under non-indigenous law, and how these different rights and interests in land might coexist are determined.

2.4. The implications of the potential conflict of interest between the exercise of native title rights and interests and the rights of others with interests in land are assessed.

2.5. Ramifications of the outcomes of practicing traditional customs and native title are discussed.

3. Propose appropriate applications of traditional customs

3.1. Situations involving traditional customs or native title which result in ethical implications in carrying out responsibilities are identified.

3.2. The use of traditional customs as an alternative to or in conjunction with mainstream legal and management systems is outlined.

3.3. Advice for legal representatives regarding the integration of traditional customs and mainstream legal and management systems is outlined.

Required skills

discuss matters relating to traditional customs with the appropriate people according to community protocols

appropriately discuss gender roles in ways that do not offend any appropriate people

analyse general situations in regard to interaction of mainstream law and management with traditional customs

speak to persons with significant professional training in law

carry out basic investigative research on areas of use of traditional customs

observation of protocols for entry to traditional lands

use literacy skills to read, interpret and follow organisational policies and procedures, follow sequenced written instructions, record accurately and legible information collected and select and apply procedures for a range of tasks

use numeracy skills to estimate, calculate and record routine workplace measures

use interpersonal skills to work with and relate to people from a range of cultural, social and religious backgrounds and with a range of physical and mental abilities.

Required knowledge

cultural customs and heritage

relevant state land and resources acts/legislation

legal representative's roles.

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

Critical aspects for assessment and evidence required to demonstrate competency in this unit

The evidence required to demonstrate competency in this unit must be relevant to workplace operations and satisfy holistically all of the requirements of the performance criteria and required skills and knowledge and include achievement of the following:

identify the role of traditional customs in indigenous communities

outline impact of native title rights and interests recognised under non-indigenous law

propose appropriate applications of traditional customs.

Context of and specific resources for assessment

Competency requires the application of work practices under work conditions. Selection and use of resources for some worksites may differ due to the regional or enterprise circumstances.

The range statement relates to the unit of competency as a whole.

Areas of traditional customs may include:

indigenous rights to natural and cultural resources and their uses.

indigenous understandings about country for certain groups.

indigenous means for dealing with abuse of rights and understandings about country.

indigenous means for dealing with enforcement of the rights and understandings about country.

indigenous means for solving problems or issues associated with use of natural and cultural resources on country.

Unit sector

Indigenous land management

This unit contains employability skills.