ELEMENT

PERFORMANCE CRITERIA

1. Gather research information for assessment of public land

1.1 The purpose of the assessment is identified to determine the type and range of data required.

1.2 Land is identified, data sources are identified and all available land records related to the area are gathered in accordance with organisational and best practice requirements.

1.3 Evidence is obtained from current records to establish the status of the land.

1.4 Past use of the land is investigated from historical records and a land use history is compiled.

1.5 Tenure history investigation is carried out and a tenure history report is compiled.

1.6 Information gathered is checked for accuracy and relevance, corroborated if necessary and interpreted to provide evidence for native title assessment report/s in accordance with legislation, policy and procedures.

2. Liaise with stakeholders

2.1 A wide range of stakeholders is consulted in accordance with legislation, policy and procedures.

2.2 Expert advice is obtained as required in accordance with organisational procedures.

3. Undertake assessment

3.1 Analysis is undertaken of the degree to which native title rights and interests may have been affected by land use and tenure.

3.2 Evidence is analysed to determine what extinguishment exists over the land in accordance with native title legislation, government instructions and guidelines.

3.3 Decisions and recommendations are made in accordance with evidence.

3.4 Assessment is undertaken in accordance with legislation, policy and procedures.

4. Record and report assessment outcomes

4.1 A native title assessment report is prepared that is accurate, concise and sufficiently detailed to facilitate future act proposals or to assist in native title claim management.

4.2 Assessment outcomes are recorded in accordance with organisational policy and procedures.

4.3 Reasons for decisions/recommendations are provided in the report, are soundly based and supported by the evidence.

4.4 Information systems are updated to reflect information necessary to allow for future informed decisions to be made.

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

Skill requirements

Look for evidence that confirms skills in:

finding information in systems, databases and other sources

researching data repositories such as libraries, archives, etc

interpreting legislation, instruments and organisational procedures

interpreting tenure documents, correspondence, maps, plans, etc

assessing issues and making reasoned judgments about facts

writing reports requiring formality of language and structure; setting out facts in logical sequence; that are concise, but sufficiently detailed to meet assessment purpose

consulting with Indigenous people and expert advisers

responding to diversity, including gender and disability

applying public sector legislation such as occupational health and safety, environment, anti-discrimination and diversity in the context of native title assessments

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

legislation, policies and procedures relating to Crown/State land and native title

land tenure and land status

land information systems

cultural and heritage factors that might affect land use

Aboriginal customs and culture related to native title assessment

sources of historical records and ways to access them

public sector legislation including occupational health and safety and environment in the context of native title assessments

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Pre-requisite units that must be achieved prior to this unit:Nil

Co-requisite units that must be assessed with this unit:Nil

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:

PSPETHC401A Uphold and support the values and principles of public service

PSPGOV403B Use resources to achieve work unit goals

PSPGOV406B Gather and analyse information

PSPGOV408A Value diversity

PSPGOV422A Apply government processes

PSPLEGN401A Encourage compliance with legislation in the public sector

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

the knowledge requirements of this unit

the skill requirements of this unit

application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)

native title assessment undertaken in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment

These resources include:

legislation, policy, procedures and protocols relating to native title assessment

case studies and workplace scenarios to capture the range of situations likely to be encountered when undertaking native title assessments

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when undertaking native title assessments, including coping with difficulties, irregularities and breakdowns in routine

native title assessment undertaken in a range of (3 or more) contexts (or occasions, over time)

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:

case studies

demonstration

portfolios

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace and/or training courses

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments

The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.

Purpose of native title assessment may include:

claim management

future act regime

proposed dealing with public land

Data sources may include:

archives

cancelled maps

cancelled public plans

central or regional government offices

central plan (survey) registries

correspondence files

Crown allotments

Crown leases

Crown surveys

databases

deeds registers

departmental systems

files

gazettes

information storage

land titles office/s

legal precedents

Local Government council offices

maps

newspapers

public libraries or other public institutions

public registers including those maintained by academic institutions

reserve plans

resumption plans

State/Territory and Federal Government registers

Land records may include:

aerial photography

cadastral records, current and historic

certified plans

correspondence

Crown grants

deeds

electronic records

field reports

file records, current and archived

freehold certificates of title

government gazette notices

government infrastructure records

historical records

historical survey data

land accounts

leasehold titles

legislation and executive orders

municipal building approvals

original plans

plans

records of land transfer or tenure

reserve development plans

tenure cards

tenure documents

titles

Land records may be held:

spatially

digitally

microfiched

electronically

in original hard copy format

Best practice requirements may include:

quality client service

quality system documentation

Evidence may include:

application material

cadastral records

government gazettes

aerial photography

maps

development plans

Legislation, policy and procedures may include:

legislation related to Crown land, State land or public land administration

public sector legislation such as equal employment opportunity, anti-discrimination, diversity, occupational health and safety, environment and sustainability

privacy legislation and freedom of information

public sector standards

organisational standards

quality standards

jurisdictional and organisational code/s of practice and code/s of ethics

Stakeholders may include:

traditional owners

native title applicants

legal representatives

Aboriginal people with an interest in an area

representative bodies

State governments

private developers

national Native Title Tribunal

community interest groups

Local Governments

Expert advice may be obtained from:

national Native Title Tribunal

State indigenous land services

land boards

source/s of advice on Aboriginal heritage issues

other expert sources

Native title legislation may include:

Commonwealth Native Title Act 1993

regulations

Wik amendments to the Native Title Act 1993

Assessment may:

vary in complexity, for example, unallocated Crown land compared to land where there has been a grant of exclusive tenure

Reports may be:

extinguishment reports