ELEMENT

PERFORMANCE CRITERIA

1. Interpret complex legislation

1.1 The specific issues that are the subject of legislation interpretation are identified.

1.2 Legislation and other reference material relating to the specific issues identified are sourced.

1.3 The legislation is interpreted using the information sourced according to legal and organisational principles, policies and procedures.

1.4 Expert assistance is obtained from legal advisers as required.

1.5 A report/submission clearly outlining the results of the findings is prepared and circulated to the appropriate personnel/unit.

2. Advise on technical issues

2.1 Communications skills are utilised to establish the issues and the type of advice that is required.

2.2 Advice is only provided when qualified/delegated to give it.

2.3 Where advice is beyond one's level of expertise or delegation referrals are made in accordance with organisational policy and procedures.

2.4 Advice is given appropriate to the issues that have been identified and is provided verbally or in a format to suit the client in accordance with organisational standards.

2.5 Advice is provided that is current, timely, accurate and satisfies client needs.

3. Contribute to the development of policies, procedures, protocols and practices

3.1 The need to develop or change organisational policies, protocols, practices and procedures is identified.

3.2 A contribution is made to the draft policy, protocols, practices and procedures being developed to meet the changes or shortfalls in previous policies, practices and procedures.

3.3 Input is provided after consultations are conducted with appropriate personnel on draft policy, protocols, practices and procedures in accordance with legislative, organisational and best practice requirements.

3.4 Suggested modifications on the draft policies, protocols, practices and procedures are provided following the consultation process as required in legislation, organisational protocols, policies and procedures and best practice.

3.5 After approval, the changes are recorded and circulated according to organisational requirements.

4. Prepare complex documents

4.1 Existing similar documents are reviewed as a basis for new documents.

4.2 Research is carried out to ensure compliance with relevant legislation, regulations and policies.

4.3 Document content and structure are reviewed and agreed as required.

5. Prepare evidence for court/tribunal

5.1 Detailed evidence is collected and collated.

5.2 Proceedings and protocols are adhered to in preparing evidence in accordance with the jurisdiction involved.

5.3 Precedents relevant to the procedures are identified.

5.4 A legal brief is prepared, where required, that identifies all relevant facts, sections of appropriate legislation, precedents, and provides detailed evidence and advice.

5.5 Submission is prepared that supports the organisation's interest.

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

Skill requirements

Look for evidence that confirms skills in:

analysing and resolving complex issues

interpreting legislation, regulations, policies and practices relating to public land management

preparing comprehensive reports and briefings

preparing answers to Questions on Notice for Parliament

interpreting maps/plans/aerial photos

developing policy/procedures

providing extension service to other agencies

providing input into legislative review

interpreting legal advice (internal and external)

preparing evidence to required standard

applying public sector legislation including occupational health and safety and environment in the context of public land management

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

legislation and regulations relating to public land administration, native title, land management and development

history of land tenures in the State/Territory

regulatory and legislative requirements for land administration

interpretation and application of departmental policies procedures and practices as they relate to the administration of Crown land

land title/survey systems

organisational delegations

nature and levels/degree of evidence

public sector legislation including occupational health and safety and environment in the context of public land tenure management

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:

PSPETHC501B Promote the values and ethos of public service

PSPFIN501A Apply public sector financial policies and processes

PSPGOV503B Coordinate resource allocation and usage

PSPGOV513A Refine complex workplace documents

PSPLEGN501B Promote 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)

provision of technical expertise 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 provision of technical expertise

case studies and workplace scenarios to capture the range of situations likely to be encountered when providing technical expertise

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 providing technical expertise, including coping with difficulties, irregularities and breakdowns in routine

provision of technical expertise 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

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.

Complex legislation may relate to:

administration of Crown land

land management

environmental planning

Aboriginal land claims

administration of Crown roads

native title

conveyancing

statutory planning

Legislation and other reference material may include:

current Acts

past Acts

legal precedents

regulations

case histories

cancelled maps

Organisational procedures may be specified in:

office practice guidelines

workplace notices

computer training manuals

Advice on technical issues may include:

lease interpretation

tenures administration

reserves administration and management

roads administration and management

native title

Aboriginal land claims

tenure and ownership

map/survey plan preparation and investigation

land assessment

conveyancing

map/survey plan/aerial photo interpretation

environmental planning

land titles office procedures

Organisational standards may include:

industry standards

land titles office standards

Best practice requirements may include:

quality client service

quality system documentation

Documents may include:

reports

briefing notes

draft legal documents, such as:

memoranda of understanding

leases

licences

contracts

agreements

Document structure may include:

for legal documents:

operative part

premises

habendum

reddendum

covenants

schedules

definitions

appendices

for other documents:

according to organisational templates/requirements

Agreement may be required from:

senior management

government solicitor

Evidence may be:

verbal

written