PSPLAND403A - Prepare and lodge non-claimant native title applications

PSPLAND403A
Prepare and lodge non-claimant native title applications

This unit covers the competency to prepare and lodge non-claimant native title applications. It includes investigating native title and preparing and lodging applications.In practice, preparing and lodging non-claimant native title applications may overlap with other generalist or specialist public sector work activities such as working ethically, complying with legislation, applying government processes, using resources, gathering and analysing information, working with diversity.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication

Application

Not applicable.

Prerequisites

Not applicable.

Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Investigate native title

1.1 The extent of the area to be searched is established.

1.2 The sources that need to be searched are established.

1.3 The information is gathered and examined to determine the history of use of the subject area.

1.4 A report and accompanying documentation is prepared recording the outcome of the investigation in accordance with organisational procedures.

2. Prepare and lodge non-claimant applications

2.1 Submission is prepared and directed to appropriate personnel to obtain approval to prepare a non-claimant application.

2.2 The documentation required for the non-claimant application is gathered and directed according to the organisation's practices and procedures.

2.3 Applications are prepared and lodged in accordance with legislation, policy and procedures.

2.4 Follow-up action after approval for non-claimant application is carried out within the time specified.

Required Skills

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

searching historical records

filing and retrieving organisational records

retrieving spatial and textual information from electronic information systems

obtaining a copy of a land title

determining ownership and tenure

consulting with Indigenous people and expert advisers

responding to diversity, including gender and disability

generating documentation to organisational standards

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

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

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

the different types of organisational records that need to be noted or updated and in what circumstances

organisational delegations

cultural and heritage factors that might affect land use

Aboriginal customs and culture relevant to native title

sources of historical records relating to land tenures and ways to access them

public sector legislation including occupational health and safety and environment in the context of native title investigations and non-claimant applications

Evidence Required

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 investigations and preparation of non-claimant applications 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 investigations and preparation of non-claimant applications case studies and workplace scenarios to capture the range of situations likely to be encountered when undertaking native title investigations and preparing non-claimant applications
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 investigations and preparing non-claimant applications, including coping with difficulties, irregularities and breakdowns in routine native title investigations and preparation of non-claimant applications 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

Range Statement

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.
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
Information may be gathered from:	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
Information may be held:	spatially digitally microfiched electronically in original hard copy format
Organisational procedures may include:	organisational guidelines workplace notices regulatory requirements industry practices manual or electronic application
A non-claimant application may include:	copies of titles copies of plans and maps
Legislation, policy and procedures may include:	legislation related to Crown land, State land or public land administration, in particular Commonwealth Native Title Act 1993, regulations, and Wik amendments public sector legislation such as equal employment opportunity, anti-discrimination, diversity, occupational health and safety 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
Follow-up action after approval may include:	issuing a survey instruction granting a lease or licence agreement granting a lease surrender and subdivision application

Sectors

Not applicable.

Competency Field

Public Land Administration.

Employability Skills

This unit contains employability skills.

Licensing Information

Not applicable.