CPPACC5018A
Provide expert access advice to a complainant or respondent

This unit specifies the competency required to work with individuals, the management and staff of organisations, and their legal advisers in providing advice on their rights and/or obligations under the Disability Discrimination Act (DDA) and the relevant state and territory anti-discrimination legislation.Access consultants must be able to interpret the DDA and relevant state and territory legislation's provisions relevant to complaint and response processes, together with the necessary information to substantiate such complaints or responses. Access consultants must also be able to interpret the commonwealth, state and territory legislation with regard to rules of evidence and prescribed formats for expert reports.The unit requires the ability to communicate effectively on service provision issues with individuals, the management and staff of organisations, and their legal advisers in a wide range of situations.

Application

This unit of competency supports the access consulting services of preparing expert witness reports, giving evidence in court and providing expert judgement, information and advice.


Prerequisites

Not Applicable


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1Identify client needs.

1.1 The legal identity of the client and other parties is confirmed in accordance with legislative and organisational requirements.

1.2 The parties' legal capacity to respond is determined in accordance with legislative and organisational requirements.

1.3 Authority to proceed is negotiated with the client and documented in accordance with legislative and organisational requirements.

1.4 A client brief providing the required level of detail is requested and obtained in accordance with legislative and organisational requirements.

2Review the legislation.

2.1 The specific legislation applicable to the circumstances of the case is determined.

2.2 The appropriate procedures, processes and protocols are determined in accordance with relevant legislation.

3Establish the existence of relevant documentation.

3.1 All available documentation relevant to the specific case is identified, sourced and accessed in accordance with legislative and organisational requirements.

3.2 Additional information requirements or missing documents are identified and listed and strategies for obtaining this information are developed in accordance with legislative and organisational requirements.

3.3 A staged process for exchanging and collating the required documentation is negotiated and agreed between the parties.

4Provide advice to client.

4.1 The extent of own competencies in relation to the case are recognised and examined in accordance with industry codes of practice and ethics.

4.2 Situations requiring specialist advice are identified and assistance is sought in accordance with legislative and organisational requirements.

4.3 Advice is provided to client using effective interpersonal skills and communication techniques and in accordance with legislative and organisational requirements.

5Complete and distribute the client report.

5.1 All case documentation is reviewed in accordance with legislative and organisational requirements.

5.2 The report for client is finalised in accordance with contractual arrangements, and legislative and organisational requirements.

5.3 The report is published and distributed to relevant parties in accordance with client, legislative and organisational requirements.

5.4 A copy of the report and associated documentation are recorded and retained for future reference in accordance with legislative and organisational requirements.

Required Skills

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

Required knowledge and understanding include:

anthropometric and ergonomic principles

commonwealth, state and territory anti-discrimination legislation and regulations

construction methodologies

current national and international literature on access issues

design, structural and construction principles of buildings

disability awareness

environmental issues impacting on material selection

industry codes of practice and ethics

international standards on building access

limitations of work role, responsibility and professional abilities

nature of building materials and effect of performance

processes for interpreting reports, working drawings and specifications

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

research methodology and analytical processes

relevant terminology and definitions in hazard identification.

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 all case documentation in order to prepare advice for client

interpret and analyse routine and non-routine situations to establish suitable methods of reporting

application skills to:

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

apply disability awareness to work processes

apply current Australian and international building codes, standards, regulations and practices

communication skills to:

use questioning and listening techniques to obtain relevant information about the case from the client

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

provide relevant advice about the case to the client clearly so that the client understands the implications of the advice provided

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:

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

consult and provide advice in a sensitive and appropriate manner

facilitate change for greater awareness of disability access

analyse own work practices and process outcomes critically

engage colleagues and share disability access knowledge

adapt to new workplace situations

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

interpreting and applying anti-discrimination legislation for the purposes of providing advice on issues relating to the provision of access for people with disabilities

interpreting and applying building legislation for the purposes of providing advice on issues relating to the provision of access for people with disabilities

applying a knowledge of the appropriate means of seeking a judicial or quasi-judicial hearing and providing appropriate advice to clients

applying disability awareness to the individual's circumstances when providing advice for people with disabilities

providing an access compliance report that complies with legislative requirements and is useable by the client for the intended purpose

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.

Client may include:

owner and manager

corporate body

small business tenant.

Legislative requirements may be outlined and reflected in:

relevant commonwealth, state and territory legislation that affects organisational operation:

occupational health and safety (OHS)

building

environmental

equal employment opportunity

industrial relations

anti-discrimination and diversity

Australian standards

codes of practice

international codes and standards

local government regulations and by-laws

privacy legislation

quality assurance and certification requirements

trade practices laws and guidelines.

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

privacy and confidentiality policies and procedures

quality assurance and procedures manuals

records and information management systems and processes

style guides and other guides used to prepare documents.

Client brief will include:

written instructions detailing requirements of the access consultant

any documentation related to the case.

Legislation may include:

Building Code of Australia

DDA

DDA Education Standard

DDA Premises Standard

DDA Transport Standard

commonwealth, state and territory anti-discrimination legislation and regulations

state and territory building legislation.

Documentation may include:

advertisements

contracts and leases

DDA Action Plan

disclaimers.

Interpersonal skills and communication techniques may include:

active listening to clarify and confirm understanding

control of tone of voice and body language

culturally aware/sensitive use of language and concepts

demonstrating flexibility and a willingness to negotiate

presenting options and consequences

providing constructive feedback

reflection

seeking feedback to confirm understanding of needs

summarising and paraphrasing to check understanding

using language that is:

accurate, articulate and concise

positive, confident and cooperative

verbal or non-verbal.


Sectors

Unit sector

Access consulting


Employability Skills

This unit contains employability skills.


Licensing Information

Not Applicable