This unit may be applied in the social housing context of community services work

ELEMENT

PERFORMANCE CRITERIA

1. Formulate terms and conditions of contract or transfer agreement element

1.1 Formulate draft contract/transfer agreement terms and conditions to protect client's interests

1.2 Issue instructions to legal consultants to prepare draft contract where appropriate

1.3 Formulate draft contracts and/or agreements to meet relevant industry, company and legislative requirements

1.4 Convey draft contract/agreement terms and conditions to the relevant party or its agent before negotiations are undertaken

2. Negotiate contract/agreement terms and conditions

2.1 Hold discussions with interested parties to enable agreement to be reached on form and contents of contract/agreement

2.2 Ensure contract/agreement is signed by all parties once agreement has been reached on the form and content

3. Confirm acceptability of contract

3.1 Issue instructions to relevant consultants to enable the property inspection to be effected

3.2 Liaise with relevant parties regarding upgrades or maintenance requirements of identified properties

3.3 Convey decision to interested parties in a timely manner and in writing

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

Essential knowledge:

The candidate must be able to demonstrate essential knowledge required to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include knowledge of:

Commercial and contract law

Due diligence processes

Economics as they relate to the property industry

Property appraisal methods and interpretation of findings

Feasibility studies

Essential skills:

It is critical that the candidate demonstrate the ability to:

Identify terms and conditions acceptable to all parties being determined

Successfully conduct due diligence review

Execute a contract which reflects the relevant positions of each party

In addition, the candidate must be able to effectively do the task outlined in elements and performance criteria of this unit, manage the task and manage contingencies in the context of the identified work role

These include the ability to:

Demonstrate the application of skills in:

collection and analysis of financial performance information

negotiating

communication both verbal and written

planning

instructing consultants

analysing

decision-making

The evidence guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for this Training Package.

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

The individual being assessed must provide evidence of specified essential knowledge as well as skills

Assessment of competency may be made through practical demonstration in the work environment or in a relevant simulated work environment

Access and equity considerations:

All workers in community services should be aware of access, equity and human rights issues in relation to their own area of work

All workers should develop their ability to work in a culturally diverse environment

In recognition of particular issues facing Aboriginal and Torres Strait Islander communities, workers should be aware of cultural, historical and current issues impacting on Aboriginal and Torres Strait Islander people

Assessors and trainers must take into account relevant access and equity issues, in particular relating to factors impacting on Aboriginal and/or Torres Strait Islander clients and communities

Context of and specific resources for assessment:

This unit can be assessed independently, however holistic assessment practice with other community services units of competency is encouraged

Method of assessment:

In cases where the learner does not have the opportunity to cover all relevant aspects of this unit in the work environment, the remainder should be assessed through realistic simulations, projects, previous relevant experience or oral questioning on 'What if?' scenarios

Assessment of this unit of competence will usually include observation of processes and procedures, oral and/or written questioning on Essential knowledge and skills and consideration of required attitudes

Where performance is not directly observed and/or is required to be demonstrated over a 'period of time' and/or in a 'number of locations', any evidence should be authenticated by colleagues, supervisors, clients or other appropriate persons

The Range Statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts.

This unit is relevant to activity within the following market sectors:

Not for profit rental housing

Retail

Commercial

Industrial

Residential

Hospitality

Infrastructure

Services

Contract may be initiated by:

The purchaser or

Vendor

Consultants may include:

Legal

Banking

Financial

Architectural

Engineering

Surveying

Environmental

Valuation

Planning

Insurance

Relevant legislation (Federal, State and Local) and industry codes of practice cover areas including:

The market sector

Financial transactions

Taxation

Environment

Construction

Land use

Zoning

Native title

Utilities use (water, gas, electricity)

This unit contains Employability Skills