This unit applies to negotiators who work independently and work within cultural protocols. It includes a level of responsibility for communication with all stakeholders involved in the program.

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, select and define relevant issues related to the given area of country

1.1. Community, government and agency perspectives, and issues likely to impact on proposals are accurately identified.

1.2. The implications and impact of issues and perspectives on the given area of country are identified.

1.3. Priority areas for further research, assessment and clarification of issues are recommended.

1.4. Proposals for given area of country are defined in terms of context, issues to be addressed, expected outcomes, possible complications, precedents and key stakeholders.

1.5. With the support of elders and other key stakeholders, an outline of the scope and appropriate processes for conducting negotiated outcomes for that area of country are detailed.

2. Gather and analyse information on given area of country

2.1. Information required to support proposals is identified according to community protocols.

2.2. Information required to support proposals is gathered, analysed and interpreted according to community and agency guidelines and best practice procedures.

2.3. An analytical framework for the development of an appropriate approach to the proposal is developed.

2.4. Legislation, national and international protocols and conventions relevant to the given area of country are investigated and implemented, where appropriate.

2.5. The implications for own people from these examples are described in ways that stakeholders can understand.

3. Formulate and communicate proposals for given area of country

3.1. A range of options is developed for the proposal, including mechanisms for implementation, monitoring and evaluation.

3.2. The range of options is communicated in a timely and understandable way to those who are party to the negotiations.

3.3. Relevant people to be included in the negotiation are kept informed of progress of work and consulted as appropriate.

3.4. Recommendations are made for options based on likely effectiveness, implementation time frame and costs (including infrastructure), interaction with other proposals (existing or being developed), and consistency with government legislation and policy.

3.5. Examples of instances where other indigenous peoples have used international legal systems to support environmental issues in their own countries are collated.

4. Complete a proposal for a negotiated outcome for a given area of country

4.1. Proposal is documented according to community and agency guidelines and best practice procedures.

4.2. Possible alternatives to use are described ensuring compatibility with legal and administrative circumstances for the area of country.

4.3. Relevant people to be included in the negotiation are consulted on final draft proposal and implications for the community.

4.4. Proposal is completed following endorsement from key stakeholders for given area of country.

Required skills

identify, select and define relevant issues related to the given area of country

gather and analyse information on given area of country

formulate and communicate proposals for given area of country

complete a proposal for a negotiated outcome for a given area of country

use literacy skills to fulfil job roles as required by the organisation. The level of skill may range from reading and understanding documentation to completion of written reports

use oral communication skills/language competence to fulfil the job role as specified by the organisation including questioning, active listening, asking for clarification, negotiating solutions and responding to a range of views

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

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

Required knowledge

report preparation

consultation approaches

conflict resolution

cultural customs and heritage

relevant state land and resources acts/legislation

international environment forums

relevant international and national conventions and agreements

management and use of the resources of the specific area.

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 implications for an area of country for government agency and community

detail processes and proposals for resolving issues regarding access and use of land

gather and analyse information on a given area to develop an analytical framework for land use

formulate and communicate proposals for given area of country

document and seek endorsement for a proposal that seeks to negotiate an outcome for a given area of country.

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.

The following negotiated outcomes may apply to this standard:

co-existence agreements

heads of agreement

land use strategy agreements

sea use strategy agreements

contracts with government

joint management agreements

Memorandum of Understanding.

Unit sector

Indigenous land management

This unit contains employability skills.