This unit of competency supports the work of licensed real estate agents and authorised representatives and the requirements for them to identify, interpret and apply legislation and industry codes of conduct affecting real estate operations.

Nil

ELEMENT

PERFORMANCE CRITERIA

1Identify legal principles and legislative requirements affecting real estate operations.

1.1 Legal framework in which real estate agencies operate is identified.

1.2 Components of statute law and their relationships are identified with respect to their application to real estate practice.

1.3 Source documents for legislation and regulations relevant to the provision of real estate agency services are identified and accessed.

2Interpret legislative requirements affecting real estate operations.

2.1 Structureof real estate legislation and regulations and the effect on their interpretation are identified.

2.2 Common interpretation problems with real estate legislation and regulations are identified.

2.3 Rules and techniques for interpreting real estate legislation and regulations are identified and applied.

3Identify changes to legislation and regulations affecting agency operations.

3.1 Processes that lead to changes in real estate legislation and regulations are identified.

3.2 Source documents for amendment legislation relevant to the provision of real estate agency services are identified and accessed.

3.3 Techniques for tracking amendments to real estate 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 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 in line with agency policy.

4Comply 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 in line with agency practice.

4.4 Personal ethical behaviour demonstrates a commitment to comply with industry codes of conduct.

5Maintain records of legislation and industry codes.

5.1 Agency processes and the personnel responsible for monitoring and communicating changes to legislation and industry codes of conduct are identified.

5.2 Relevant records of legislation and industry codes of conduct are maintained.

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

Required skills:

ability to communicate with and relate to a range of people from diverse social, economic and cultural backgrounds and with varying physical and mental abilities

analytical skills to interpret documentation such as parliamentary documents, legislation, regulations and codes of conduct

application of risk management strategies associated with compliance with legislation, regulations and codes of practice

computing skills to access agency and resource databases, use standard software packages, send and receive emails, access the internet and web pages, and complete and lodge standard documents online

decision making and problem solving skills to analyse situations and make decisions consistent with legislative and regulatory requirements

literacy skills to access and interpret a variety of texts, including legislation, regulations and codes of practice; prepare general information and papers; prepare formal and informal letters, reports and applications; and complete standard and statutory forms

planning, organising and scheduling skills to maintain currency of agent and agency copies of legislation, regulations and codes of conduct

research skills to identify and locate legislation, regulations and codes of conduct

self-management skills to organise own work, deliver quality customer service and effectively manage competing demands

teamwork skills to work effectively in and promote communication between sales, property management and administrative teams in an agency environment.

Required knowledge and understanding:

codes of conduct

common problems associated with interpreting legislation

principles of legislation

relevant federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection, fair trading and trade practices

employment and industrial relations

environment and sustainability

financial services

leases

OHS

privacy

property sales and management.

Overview of assessment

This unit of competency could be assessed through case studies and practical demonstration of applying legal principles, legislative and regulatory requirements and codes of practice to real estate operations. Targeted written (including alternative formats where necessary) or verbal questioning to assess the candidate's underpinning knowledge would provide additional supporting evidence of competence. The demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.

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:

applying rules and techniques to interpret appropriately legislative provisions affecting real estate operations

applying techniques to track amendments to legislation in a timely manner

applying strategies to communicating legislative requirements and amendments to appropriate people in the agency in a timely manner

identifying changes to legislation and industry codes of conduct affecting agency operations

knowledge of general principles of legislation, regulations and industry codes of conduct affecting real estate operations

maintaining appropriate and up-to-date records of legislation and industry codes of conduct.

Context of and specific resources for assessment

Resource implications for assessment include:

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services.

Where applicable, physical resources should include equipment modified for people with disabilities.

Access must be provided to appropriate learning and/or assessment support when required.

Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.

Validity and sufficiency of evidence require that:

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

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.

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.

Legal framework may include:

common law

contract law

equity law

statute law.

Components of statute law may include:

principal legislation, such as Acts

subordinate legislation, such as:

approvals

determinations

mandatory and non-mandatory administrative guidelines

orders

regulations.

Legislation and regulations may include:

relevant federal, and state or territory legislation and local government regulations relating to:

anti-discrimination and equal employment opportunity

consumer protection, fair trading and trade practices

employment and industrial relations

environmental and zoning laws affecting:

access security

access and property use

energy efficiency

financial services

leases

OHS

privacy

property sales and management.

Structureof real estate legislation and regulations may 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 may 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 real estate legislation and regulations may include:

aids to the interpretation of legislation, including:

external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and judicial interpretations - precedent

internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, margin notes and punctuation

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 may include:

government agency approval

governor approval

minister approval

parliament.

Source documents may include:

amendment Acts

amendment regulations

Bills

consolidated or reprinted Acts.

Techniques for tracking amendments may include:

government and industry newsletters and information sessions

use of margin notes and tables of amendments.

Appropriate people may include:

agency principal

authorised representatives

bookkeepers, accountants and auditors

licensed real estate agents

property managers

sales people.

Industry codesof conduct may relate to:

ethical behaviour

general business operations

property sales and management.

Relevant records may relate to:

agency administration

property management

property sales.

Unit sector

Property development, sales and management

Real estate

The required outcomes described in this unit of competency contain applicable facets of employability skills. The Employability Skills Summary of the qualification in which this unit of competency is packaged, will assist in identifying employability skills requirements.