CPPACC5005A
Interpret and apply building control legislation when assessing large-scale buildings for access

This unit specifies the competency required to research, interpret and apply building accessibility legislation for use when assessing the accessibility of large-scale residential and commercial buildings.It includes the evaluation of the Australian common law system and the various sources of law applicable to the accessibility of large-scale building developments and the analysis and application of the professional code of practice required for the assessment and inspection of buildings.This unit is based on BCGSV5008A Applying building control legislation to building surveying.

Application

This unit of competency supports a number of access consulting services where there is a breadth, depth and complexity of tasks and often the requirement to make decisions and provide recommendations involving non-routine situations. These access consulting services include conducting building access audits, assessing building plans, providing advice on building renovations and serving on a Building Code of Australia Access Panel.


Prerequisites

Not Applicable


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1Analyse the Australian administrative legal system.

1.1 Differences between common law, statute law, delegated legislation and local government law are analysed and documented.

1.2 Civil law and examples of civil action relevant to building accessibility of large-scale buildings are researched and analysed.

1.3 Administrative law relevant to building accessibility is researched and analysed.

2Evaluate administrative law applicable to building accessibility.

2.1 Individual elements of judicial review legislation are evaluated and documented.

2.2 Natural justice issues related to decision making through the building control process are identified and evaluated.

3Describe the procedures and benefits of enforcing the law.

3.1 Legislative benefits and examples of building accessibility enforcement are researched, analysed and documented.

3.2 Major regulatory enforcement strategies are identified and recorded.

3.3 The powers of entry of building certifiers are identified and analysed.

3.4 The legal considerations of a building certifier obtaining a warrant are identified and documented.

3.5 The types of evidence required to investigate and prove a breach of legislation are identified, gathered and documented.

3.6 Processes for addressing non-compliance issues are identified and appropriate documentation is prepared in a format suitable for review by a building certifier.

4Analyse the impact of any other legislation on state and territory legislation regarding building and development control and access.

4.1 Implications of commonwealth legislation on access upon state and territory building and development control legislation are examined and documented.

4.2 Implications of other state and territory legislation on building and development control legislation and access are examined and documented.

5Analyse the professional code of practice applicable to the assessment of accessible large-scale buildings.

5.1 The code of practice required by building industry regulators is analysed and evaluated in accordance with organisational requirements.

5.2 Concepts regarding working within own area of personal competence are evaluated and practised.

5.3 Concepts regarding duty of care as it relates to common law are evaluated and documented.

5.4 Concepts regarding conflict of interest as specified by relevant legislation are identified and managed appropriately.

6Analyse the responsibilities and liabilities of access consultants and building certifiers and develop effective working relationships.

6.1 Responsibilities and liabilities of access consultants are evaluated and documented.

6.2 The statutory duties, responsibilities and liabilities of building certifiers as specified by relevant legislation are evaluated and documented.

6.3 Strategies for establishing and building effective working relationships between access consultants and building certifiers are developed and implemented.

Required Skills

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

Required knowledge and understanding include:

Australian legal system

building and construction terminology and definitions

commonwealth, state and territory anti-discrimination legislation and regulations

disability awareness

industry codes of practice and ethics

legal terminology and definitions

limitations of work role, responsibility and professional abilities

networking and building relationships

organisational and professional procedures and business standards

processes and procedures used in standard court operations

processes for preparing and administering documentation

relevant commonwealth, state and territory building legislation, local government regulations and Australian standards

research methodologies and analytical processes

role, responsibilities and powers of building certifiers.

Required skills and attributes include:

analytical skills to:

analyse, evaluate and apply legislative requirements pertaining to disability access

analyse and evaluate the impacts of the full range of disabilities and the limitations that each disability places on the individual's ability to access the environment

analyse and evaluate how environmental barriers impact on people with disabilities

analyse and evaluate examples of civil action relevant to the provision of access

evaluate the responsibilities and powers of building certifiers as specified by legislation

application skills to:

apply relevant codes of practice and other legislative requirements to work processes

apply disability awareness to work processes

apply current Australian building codes, standards, regulations and practices

communication skills to:

explain clearly information on issues relating to the provision of access

explain clearly information on legislation relating to the provision of access, and the relationship between the various pieces of legislation

consult effectively with clients and colleagues

impart knowledge and ideas through oral, written and visual means

develop and maintain professional relationships and networks

use workplace equipment and communication methods

literacy skills to:

assess and use workplace information

locate and interpret legislation and legal cases on the provision of access

organisational skills to:

prepare and manage documentation

develop and implement organisational policies and procedures

interpersonal skills to:

adapt to new workplace situations

analyse own work practices and process outcomes critically

consult and provide advice in a sensitive and appropriate manner

facilitate change for greater awareness of disability access

relate to people from a range of social, cultural and ethnic backgrounds and with a range of physical and mental abilities

research and evaluation skills to:

source, analyse and evaluate building legislative requirements

source, analyse and evaluate legislative requirements for the provision of access.

Evidence Required

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.

Overview of assessment

This unit of competency could be assessed on its own or as part of an integrated assessment activity involving other competencies relevant to the job function.

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

A person who demonstrates competency in this unit must be able to provide evidence of:

recognising the needs and desires of people with disabilities to engage fully in all aspects of society, and their right to do so

interpreting accurately the impacts of the full range of disabilities and the limitations that each disability places on the individual's ability to access the environment

interpreting accurately how the full range of environmental barriers impact on any of the impairments that people with disabilities might have

researching, analysing and evaluating building and anti-discrimination legislation for the provision of access to large-scale buildings

analysing the industry codes of practice and applying them to personal work situation

gathering appropriate evidence on non-compliance issues and preparing the relevant documentation for review by a building certifier

researching and analysing the responsibilities of building certifiers to ensure the provision of access to large-scale buildings

applying organisational management policies and procedures, including quality assurance requirements.

Context of and specific resources for assessment

Resource implications for assessment include:

a registered provider of assessment services

competency standards

assessment materials and tools

suitable assessment venue/equipment

workplace documentation

candidate special requirements

cost and time considerations.

Validity and sufficiency of evidence requires that:

competency will need to be demonstrated over a period of time reflecting the scope of the role

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the person's competence

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence

where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.


Range Statement

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. 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.

Code of practice may relate to:

maintaining confidentiality

use of organisational property

duty of care

individual behaviour

non-discriminatory practices

ethical conduct

clear communication of services offered and fee for services

clear negotiation of fees.

Organisational requirements may be outlined and reflected in:

access and equity policy, principles and practices

business and performance plans

client service policies, procedures and standards

codes of conduct and codes of practice

communication channels and reporting procedures

communication of services offered

complaint and dispute resolution procedures

compliance with legislation, codes and workplace standards

continuous improvement processes and standards

defined resource parameters

duty of care

employer and employee rights and responsibilities

ethical standards

legal policies and guidelines

occupational health and safety policies, procedures and programs

organisational mission statement, goals, objectives, plans, systems and processes

policies and procedures relating to the setting of fees and the negotiation and management of contracts

policies and procedures relating to own role, responsibilities and delegation

quality assurance and procedures manuals

privacy and confidentiality policies and procedures

records and information management systems and processes

style guides and other guides used to prepare documents.

Responsibilities may include:

working within own areas of competence

working within the law

maintaining a duty of care at all times in professional dealings

providing contracted services to the standard specified in a timely and professional manner

adhering to and implementing relevant industry codes of practice and ethics

participating in continuous professional development programs.


Sectors

Unit sector

Access consulting


Employability Skills

This unit contains employability skills.


Licensing Information

Not Applicable