Application
This unit of competency specifies the outcomes required to appear effectively before a tribunal. It includes preparing for tribunal hearings, using tribunal etiquette, acting as a witness, participating in conciliation hearings, and presenting a case.
The unit supports the work of property industry professionals, including licensed real estate agents, stock and station agents, strata managers and their authorised representatives involved in preparing and presenting cases at tribunals relating to property industry 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. | Prepare for tribunal. | 1.1. | Process for making an application to relevant tribunal is followed. |
1.2. | Documentation required for application to relevant tribunal is accurately completed. | ||
1.3. | Evidence and other documentation required for tribunal are prepared and reviewed. | ||
1.4. | Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required. | ||
1.5. | Pre-tribunal hearing briefings are participated in as appropriate and required. | ||
1.6. | Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements. | ||
2. | Participate in conciliation processes for grievances and disputes. | 2.1. | Purpose and role of conciliation are clarified within particular tribunal and case context. |
2.2. | Opportunities are explored to resolve grievances and disputes through conciliation. | ||
2.3. | Conciliators are provided with complete and accurate information regarding grievance or dispute. | ||
2.4. | Clear and concise formal case statements are prepared and provided for conciliator. | ||
2.5. | Opportunities are taken to obtain relevant information from other parties during conciliation process. | ||
2.6. | Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body. | ||
3. | Use appropriate tribunal etiquette. | 3.1. | Appropriate manner of entering and departing tribunal is used. |
3.2. | Appropriate manner of addressing tribunal is used. | ||
3.3. | Relevant legal and industry language is used where appropriate. | ||
4. | Present case before tribunal. | 4.1. | Rules and procedures of tribunal are applied. |
4.2. | Case is outlined in a clear and concise manner. | ||
4.3. | Evidence is given and routine examination of witnesses is undertaken appropriately. | ||
4.4. | Relevant decisions and precedents are referred to appropriately. | ||
4.5. | Respondent submissions are responded to appropriately. | ||
4.6. | Questions and directions from tribunal are responded to appropriately. | ||
4.7. | Statement of reasons for tribunal decision is requested in line with tribunal and agency practice. | ||
5. | Act as a witness. | 5.1. | Pre- and post-tribunal briefings and debriefings are participated in as required. |
5.2. | Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives. | ||
5.3. | Requirements of tribunal processes and proceedings are observed while acting as witness. | ||
5.4. | Liaison with appropriate legal representatives is maintained. | ||
5.5. | Appropriate and required documentation and reporting are completed and stored according to agency practice. |
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 appear effectively before a tribunal on three separate occasions as follows:
prepare and present a case before a tribunal on a property-related matter
participate in a conciliation process to resolve a property-related grievance or dispute
act as a witness at a tribunal on a property-related matter.
In doing the above, the person must:
apply knowledge of the role and jurisdiction of tribunals that hear matters relating to property operations
prepare and lodge applications for a tribunal
complete and store documentation relating to the above matters according to agency or organisation requirements.
Evidence of Knowledge
A person demonstrating competency in this unit must demonstrate knowledge of:
protocols to follow when acting as a witness
purpose and role of conciliation in the property industry
key requirements of federal, and state or territory legislation and local government regulations relating to:
anti-discrimination and equal employment opportunity
consumer protection and trade practices
employment and industrial relations
environmental issues
financial services
franchises and business structure
leases
privacy
property sales and management
work health and safety (WHS)
role and jurisdiction of tribunal that hear matters relating to property operations
key features of the rules of evidence
powers and role of tribunals in property-related hearings
tribunal procedures, including:
documentation required for applications to tribunal
procedure to be followed for presenting a case to a tribunal
procedure to be followed where a matter has been settled prior to hearing
process for making an application to a tribunal
role of witnesses
tribunal etiquette.
Assessment Conditions
The following must be present and available to learners during assessment activities:
equipment:
computer system with internet, email and printing facilities
tribunal environment
specifications:
checklist for identifying tasks to be completed in preparing for a hearing
guides for acting as a witness, tribunal processes, and presenting a case at a tribunal
federal, and state or territory legislation and local government regulations relating to property 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 tribunal procedures. |
Numeracy skills to: | interpret graphical and statistical material that is provided as evidence. |
Oral communication skills to: | ask questions to clarify procedures used in conciliation and tribunal processes provide verbal testimony and respond to questions in tribunal hearings; reiterating, summarising and clarifying as required. |
Reading skills to: | access and interpret sometimes complex written text on tribunal rules and procedures. |
Writing skills to: | prepare summaries and take notes on information presented in |
Technology skills to: | access online information when preparing for tribunal hearings. |
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. | |
Purpose and role of conciliation must include: | giving parties a chance to settle a matter on their terms giving parties the opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation. |
Evidence must include information that: | is descriptive is devoid of assumptions or judgemental statements represents details and facts of evidence pertinent to the case. |
Examination of witnesses must include: | cross-examining respondent witnesses questioning own witnesses re-examining own or respondent witnesses. |
Pre- and post-tribunal briefings and debriefings must include: | details of the case outcomes and consequences of tribunal decisions presentation of evidence rules of evidence tribunal protocol. |
Sectors
Property services
Competency Field
Strata community management