Application
This unit of competency specifies the outcomes required to source and interpret legislation affecting operations in the property industry. It includes identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant property industry legislation and industry codes of conduct, and maintaining appropriate records.
The unit supports the work of professionals in the property industry, including licensed real estate and stock and station agents, strata managers and their authorised representatives, with regard to identifying, interpreting and applying legislation and industry codes of conduct affecting property operations.
Licensing, legislative, regulatory or certification requirements apply to this unit in some States and Territories. Relevant state and territory regulatory authorities should be consulted to confirm those requirements.
Elements and Performance Criteria
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. | Identify legal principles and legislative requirements affecting property operations. | 1.1. | Legal framework in which property organisations operate is identified. |
1.2. | Components of statute law and their relationships are identified with respect to their application to practice in the property industry. | ||
1.3. | Source documents for legislation and regulations relating to provision of property services are identified and accessed. | ||
2. | Interpret legislative requirements affecting property operations. | 2.1. | Structureof property legislation and regulations are identified. |
2.2. | Common interpretation problems with property legislation and regulations are identified. | ||
2.3. | Rules and techniques for interpreting property legislation and regulations are identified and applied. | ||
3. | Identify changes to legislation and regulations affecting agency or organisation operations. | 3.1. | Processes that lead to changes in property legislation and regulations are identified. |
3.2. | Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed. | ||
3.3. | Techniques for tracking amendments to property legislation and regulations are identified and applied. | ||
3.4. | Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice. | ||
3.5. | Strategies for identifying amendments to legislation and regulations are implemented. | ||
3.6. | Changes to legislative and regulatory requirements are communicated to appropriate people. | ||
4. | Comply with relevant industry codes. | 4.1. | Industry codes of conduct are sourced and accessed. |
4.2. | Relationship between industry codes of conduct and legislative requirements are identified. | ||
4.3. | Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work. | ||
4.4. | Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour. | ||
5. | Maintain records of legislation and industry codes. | 5.1. | Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified. |
5.2. | Records of changes to legislation and industry codes are maintained. | ||
Evidence of Performance
A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.
The person must also source and interpret legislation affecting operations in the property industry.
The person must demonstrate this performance by sourcing and documenting the latest legislative requirements for three aspects of property operations in either the real estate, stock and station agency, or strata community management sector; and communicating this information in an accessible manner to those engaged in agency or organisation operations.
In doing the above, the person must:
apply rules and techniques to interpret legislative provisions affecting operations in the property industry
apply techniques to track amendments to legislation in a timely manner
apply strategies to communicate legislative requirements and amendments to appropriate people in the agency or organisation in a timely manner
identify changes to legislation and industry codes of conduct affecting agency or organisation operations
apply general principles of legislation, regulations and industry codes of conduct affecting operations in the property industry
maintain accurate and up-to-date records of legislation and industry codes of conduct.
Evidence of Knowledge
A person demonstrating competency in this unit must demonstrate knowledge of:
codes of conduct relating to property industry operations
common problems associated with interpreting legislation
principles and purpose of legislation
key requirements of federal, and state or territory legislation and local government regulations relating to the property industry:
anti-discrimination and equal employment opportunity
consumer protection and trade practices
employment and industrial relations
environment and sustainability
financial services
leases
privacy
property sales and management
strata community management
work health and safety (WHS).
Assessment Conditions
The following must be present and available to learners during assessment activities:
equipment:
computer system with internet, email, printing facilities, and online access to relevant legislative databases
specifications:
agency or organisation policies and procedures for storing and retrieving documents
guidelines for interpreting property legislation and regulations, and tracking amendments to legislation
legislation, regulations and codes of conduct relevant to property industry operations
relationship with team members and supervisor:
member of a work team in a property industry context.
Assessor requirements
As a minimum, assessors must satisfy the assessor requirements in the Standards for Registered Training Organisations (RTOs) current at the time of assessment.
Foundation Skills
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: | maintain current knowledge of legislative requirements and amendments affecting work in the property industry. |
Oral communication skills to: | ask questions to clarify legislative requirements affecting operations relating to the sale, lease and management of residential property. |
Reading skills to: | read and extract information from legislation, regulations and code of conduct. |
Writing skills to: | prepare briefing notes, reports and letters to communicate with other industry professionals about changes to legislation, regulations and code of conduct affecting operations in the property industry. |
Technology skills to: | use business technology to access complex online databases and other sources of information on legislation relevant to the property industry. |
Range Statement
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. | |
Legal framework must include: | common law contract law equity law statute law. |
Components of statute law must include: | principal legislation, such as Acts subordinate legislation, such as: approvals determinations mandatory and non-mandatory administrative guidelines orders regulations. |
Structureof property legislation and regulations must include: | endnotes, including: explanatory notes index table of amendments section headings, margin notes and clause notes parts, sections, subsections, paragraphs, regulations, sub-regulations and clauses types of provisions, including: approvals deeming provisions definitions and interpretations general penalties objectives offences prescribed arrangements relating to regulations and orders. |
Common interpretation problems must include: | ambiguous words broad phrases need for words to be implied printing and drafting errors unforeseen developments, such as changes in technology or practice. |
Rules and techniques for interpreting property legislation and regulations must include: | aids to interpreting legislation, including: external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and previous judicial interpretations internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, and margin notes language conventions and expressions, including: and, or gender hierarchy includes may, should and must reading rules, including: context golden literal mischief purposive express mention of one thing to the exclusion of another words interpreted through their connection with other words words with the same meaning. |
Processes must include: | government agency approval governor approval minister approval parliament. |
Source documents must include: | amendment Acts amendment regulations Bills consolidated or reprinted Acts. |
Techniques for tracking amendments must include: | government and industry newsletters and information sessions use of margin notes and tables of amendments. |
Appropriate people must include: | agency or organisation principal authorised representatives bookkeepers, accountants and auditors licensed real estate agents property managers sales people. |
Industry codesof conduct must address at least two of the following: | ethical behaviour general business operations property sales and management strata community management. |
Records must include at least two of the following: | agency administration property management property sales strata scheme administration. |
Sectors
Property services
Competency Field
Strata community management