Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Determine and manage scope of required report and associated risk.

1.1.

Scope ofmatters of expert advice to be provided to the court, tribunal or panel hearing is reviewed.

1.2.

Own professional expertise is defined and capacity to conduct research and provide required report and evidence is determined by conducting a risk assessment.

1.3.

Potential for conflict of interest with the matter being heard is assessed.

1.4.

Ability to proceed with the hearing is determined according to legal requirements and with regard to professional ethics.

1.5.

Timeframes and commercial arrangements to support the preparation and giving of evidence are negotiated with client.

2.

Research and prepare evidence.

2.1.

Documentation relating to access and use issues is reviewed and facts are checked with client or other professionals as required.

2.2.

Detailed compliance requirements relating to access and use issues are researched and interpreted from applicable legislation, standards, codes, and premises owner or developer specifications.

2.3.

Professional network of subject matter experts is consulted on technically accurate interpretations of requirements, as required.

2.4.

Gaps in, and conflicts and interactions between, applicable compliance requirements are analysed, and interpretations are considered and noted.

3.

Prepare for appearance.

3.1.

Arrangements for own role and involvement in proceedings are confirmed.

3.2.

Documentation and exhibits are prepared according to legislation and court or tribunal protocols, policies and procedures.

3.3.

Solutions that could resolve access and use compliance issues are prepared and documented.

4.

Present evidence.

4.1.

Protocols and rules of evidence are followed throughout proceedings.

4.2.

Feedback from counsel and/or court or tribunal officer and comments by deciding authority are noted and addressed.

4.3.

Evidence is presented in a clear, concise, objective and articulate manner in line with professional standards.

4.4.

Considered expert evidence consistent with qualifications and expertise is provided on request.

This section describes the language, literacy, numeracy and employment skills essential to performance in this unit but not explicit in the performance criteria.

Skill

Performance feature

Learning skills to:

organise own professional development to maintain own knowledge base, including court, tribunal and panel protocols.

Numeracy skills to:

analyse case data against legislative and regulatory requirements, and develop hearing evidence based on that data.

Oral communication skills to:

exchange complex information with people from diverse backgrounds using language and format suited to the context and audience, such as:

expert opinions on interpretation of standards

expert opinion reports

technical reports

provide accurate, clear and high quality evidence to a court, tribunal or panel

interpret non-verbal communication, such as facial signs indicating lack of understanding.

Reading skills to:

interpret complex legal and technical documents regarding accessibility, such as:

legislation, including the Disability Discrimination Act (DDA), and Australian and international standards and codes relating to access

Building Code of Australia (BCA)

specifications for buildings.

Writing skills to:

produce detailed notes on research for court, tribunal or panel hearings, including adequate referencing of information sources.

Initiative and enterprise skills to:

apply knowledge of disabilities to access and use issues

conceptualise creative and practical access solutions

develop strategies for risk management.

Planning and organising skills to:

develop and manage business processes relating to the provision of advice and evidence

ensure completeness of compliance requirement analysis, including organising diverse personal references

provide accurate and timely opinion.

Self-management skills to:

apply diplomacy, professional judgement, empathy and patience to build and manage client relationships

manage the stress that may accompany participation in adversarial court, tribunal or panel hearings

maintain task orientation and focus on complex access and use issues

sustain objectivity when preparing and providing evidence.

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Matters must include at least one of the following:

applications for exemptions to provide access and use based on hardship

difficult or inaccessible access to and use of premises

employment discrimination

lack of accessible and appropriate facilities

less favourable treatment of people with disabilities in a venue or by a service provider.

Legislation, standards and codesmust include:

Australian and international standards relating to access

BCA

DDA and its regulations and amendments

DDA Premises Standards

DDA Transport Standards

DDA Education Standards

state and territory Acts covering provision of evidence to courts

state, territory and local authority legislation, regulations and planning requirements.