1

Determine and manage scope of required report and associated risk.

1.1

Scope of the 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 are 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 the 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, codes, standards and premises owner or developer specifications.

2.3

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

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 relevant 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.

Required skills

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

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

language and literacy skills to:

exchange complex information with people from diverse backgrounds using relevant language and format, such as:

expert opinion on interpretation of standards

expert opinion reports

technical reports

interpret complex legal and technical documents regarding accessibility, for example:

Australian and international standards

National Construction Code (NCC)

legislation, including the Disability Discrimination Act

specifications for buildings

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

learning skills to:

maintain own knowledge base, including court, tribunal and panel protocols

participate in debate on interpretation of compliance requirements

undertake appropriate professional development

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 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

technical skills to:

analyse provided documentation against requirements specified in documentation provided to courts, tribunals and panels

develop and describe design solutions

Required knowledge

access and use compliance requirements, including but not restricted to:

codes

guidelines

legislation

local authority policies

protocols

regulations

standards

accessibility requirements relating to equipment used by people with disabilities, such as:

assistance animals

audio frequency induction loops

braille and tactile signage

long white canes

TTY telephones

walking frames

wheelchairs

advocacy, legislative and regulatory frameworks relating to access to and use of the built environment

building and construction industry processes, roles and terminology

court principles and practices relating to providing evidence

legal requirements for providing evidence, including accurate and fair data

gaps and trends in, interrelation of, and conflict between compliance requirements

principles of access to and use of the built environment, including:

adaptable design

best practice solutions to access and use requirements

principles of ergonomics and human geometry

principles of risk management and strategies for the management of risk associated with giving compliance advice

requirements of people with different disabilities, and the aids and solutions available to meet them, such as:

audio frequency induction loop systems to enhance communication for people with hearing impairment

passenger lifts for vertical access for people with mobility impairment

tactile ground surface indicators for vision orientation

scope of functions of the human body, including:

auditory and visual processing

cognitive functions

mobility

psychiatric conditions

types of disabilities and combinations of disabilities and related range of functional limitations, including:

auditory

cognitive

mobility

muscle wasting and weakness

psychiatric

vision

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.

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 the required skills and knowledge specified in this unit.

In particular, the person should demonstrate the ability to:

identify level of professional expertise and its relevance to the scope of operations of the court, tribunal or panel hearing

conduct a risk assessment to determine whether the level and type of professional expertise are appropriate to participate in the court, tribunal or panel hearing

conduct research into two different cases, including:

analyse documentation relating to the case

analyse applicable legislation, regulations, codes and standards

check facts

prepare for and appear in court, tribunal or panel hearings relating to two different cases.

Context of and specific resources for assessment

Assessment of essential underpinning knowledge may be conducted in an off-site context and is to comply with regulatory and Australian standards’ requirements.

Resource implications for assessment include access to:

relevant legislation, codes, standards and guidelines

case information to support appearances at two different court, tribunal or panel hearings

two different court, tribunal or panel hearings.

Method of assessment

Assessment methods must:

satisfy the endorsed Assessment Guidelines of the CPP07 Property Services Training Package

include direct observation of tasks in real or simulated work conditions, with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application

reinforce the integration of employability skills with workplace tasks and job roles

confirm that competency is verified and able to be transferred to other circumstances and environments.

Guidance information for assessment

This unit could be assessed on its own or in combination with other units relevant to the job function.

Reasonable adjustments for people with disabilities must be made to assessment processes where required. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support.

Assessment processes and techniques should, as far as is practical, take into account the language, literacy and numeracy capacity of the candidate in relation to the competency being assessed.

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, if used in the performance criteria, is detailed below. 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) may also be included.

Scope of the matters addressed by the court, tribunal or panel may include:

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.

Court, tribunal or panel may include:

Australian Human Rights Commission (AHRC) conciliations

AHRC hearings

local government appeals forums

state or territory government agencies

state-based administrative appeal tribunals

state-based anti-discrimination tribunals

federal court hearings.

Clients may include:

architects

builders

building designers

building surveyors

court or tribunal

developers

individuals seeking personal redress

lawyers

owners

planners

policy makers

users of premises, infrastructure or facilities

welfare rights and advocacy groups.

Legislation, codes and standards may include:

Australian and international standards

NCC

Disability (Access to Premises – Buildings) Standards, known as the Premises Standards (PS)

Disability Discrimination Act and regulations and amendments

Disability Standards for Accessible Public Transport (DSAPT)

Disability Standards for Education

state and territory Acts covering provision of evidence to courts

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