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Evidence Guide: AHCASW311A - Apply relevant legislation in Aboriginal-sites work

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

AHCASW311A - Apply relevant legislation in Aboriginal-sites work

What evidence can you provide to prove your understanding of each of the following citeria?

Research the relevant legislation

  1. The scope and coverage of legislation for the relevant jurisdiction is identified
  2. An understanding of the purpose of legislation and amendments that comply with environmental and sustainability requirements is applied over time
  3. Roles and influences of key stakeholders as outlined in the applicable legislation are defined
The scope and coverage of legislation for the relevant jurisdiction is identified

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

An understanding of the purpose of legislation and amendments that comply with environmental and sustainability requirements is applied over time

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Roles and influences of key stakeholders as outlined in the applicable legislation are defined

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and interpret relevant legislative provisions

  1. The provisions of the relevant and applicable legislation and case law precedents are identified and determined
  2. Compliance requirements are clarified to confirm understanding and to ensure consistency of interpretation and application
  3. Any competing interests arising from different pieces of legislation with jurisdiction over the one Aboriginal cultural site, landscape or material are interpreted
  4. Social justice principles are incorporated into interpretation of legislative provisions
  5. Terms and definitions in the legislation are interpreted correctly
The provisions of the relevant and applicable legislation and case law precedents are identified and determined

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Compliance requirements are clarified to confirm understanding and to ensure consistency of interpretation and application

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Any competing interests arising from different pieces of legislation with jurisdiction over the one Aboriginal cultural site, landscape or material are interpreted

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Social justice principles are incorporated into interpretation of legislative provisions

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Terms and definitions in the legislation are interpreted correctly

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify stakeholder requirements

  1. Needs of clients and stakeholders in relation to relevant legislation are identified
  2. Client and stakeholder situation is analysed and legislative provisions that apply to the circumstances are identified
  3. Own Aboriginal-sites work is conducted in accordance with legislative requirements and following Aboriginal cultural protocols and values
  4. Own limitations and professional boundaries are recognised
  5. The need for assistance is recognised and referrals to expert advisors or advisory organisations are provided
Needs of clients and stakeholders in relation to relevant legislation are identified

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Client and stakeholder situation is analysed and legislative provisions that apply to the circumstances are identified

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Own Aboriginal-sites work is conducted in accordance with legislative requirements and following Aboriginal cultural protocols and values

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Own limitations and professional boundaries are recognised

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The need for assistance is recognised and referrals to expert advisors or advisory organisations are provided

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify strategies in response to the client's needs

  1. Strategies to apply legislative provisions to the factual circumstances of the case are identified and provided
  2. A range of legal and non-legal strategies is determined according to the needs of the client and stakeholders and taking into consideration all applicable legislative provisions and regulations
  3. Key concepts and understandings of legislative requirements are related to stakeholders in culturally appropriate ways
  4. Compliance requirements are communicated to clients and stakeholders
  5. Options and possible outcomes to clients and stakeholders are communicated clearly in culturally appropriate ways
  6. Clients and stakeholders are supported to achieve appropriate 'best possible' outcomes
Strategies to apply legislative provisions to the factual circumstances of the case are identified and provided

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

A range of legal and non-legal strategies is determined according to the needs of the client and stakeholders and taking into consideration all applicable legislative provisions and regulations

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Key concepts and understandings of legislative requirements are related to stakeholders in culturally appropriate ways

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Compliance requirements are communicated to clients and stakeholders

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Options and possible outcomes to clients and stakeholders are communicated clearly in culturally appropriate ways

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Clients and stakeholders are supported to achieve appropriate 'best possible' outcomes

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

The delivery and assessment of this unit must comply with Community protocols and be carried out in consultation with Traditional Owners and/or Elders and custodians of the Country in question.

Candidates must demonstrate evidence of the ability to:

identify appropriate and relevant legislation and knowledge of relevant compliance requirements affecting Aboriginal-sites work in a specified jurisdiction

apply the relevant legislation to the circumstances appropriately and accurately

use referral options and other expertise to assist in interpreting and applying legislative requirements

communicate legal concepts and legislative language to Aboriginal clients and stakeholders in culturally appropriate way

Context of and specific resources for assessment

Assessment events must be contextualised to meet the needs of the particular group, including:

a Community, educational or workplace setting

involvement of people approved by cultural authorities and/or Traditional Owners of the relevant local Community

relevant organisational policy, protocols and procedures

relevant legislation

candidates who have gained relevant knowledge and skills through their life experience

Method of assessment

A range of assessment methods should be used to assess competency in applying relevant legislation in Aboriginal-sites work. The following examples are appropriate for this unit:

observation of the candidate relating to and engaging Aboriginal persons and Aboriginal Community on Country

direct questioning combined with third-party workplace reports of on-the-job performance

verbal or written questioning

observation of participation in applying relevant legislation in Aboriginal-sites work related to the knowledge and skills outlined in this unit

Assessment methods should closely reflect workplace demands and the needs of particular client groups (consider the requirements of different age groups, clients with English as a second language, clients with disabilities, remote library users, etc.).

Guidance information for assessment

This unit can be assessed independently; however holistic assessment practice with other Indigenous Land Management and Aboriginal-sites worker units of competency is encouraged.

Assessment for this unit should comprise a combination of theory and practical application. Both aspects of assessment are best conducted on Country for this unit.

Required Skills and Knowledge

Required skills include:

Ability to:

read and interpret legislation and legal documents

communicate legal concepts and legislative language

provide stakeholders with an understanding of legislative requirements

advise clients and stakeholders of compliance requirements

demonstrate understanding of and adherence to own work role and responsibilities

follow organisation policies, protocols and procedures

work collaboratively with colleagues, Community services professionals and other services

respect cultural diversity and sensitivity to social, cultural and professional values and beliefs

use technology to access written, oral or visual source material

research library and internet

comprehend and evaluate written, oral or visual source material

interpret written, oral or visual source material

listen effectively

use oral communication skills

relate to people from a range of social, cultural and ethnic backgrounds and physical and mental abilities

exercise discretion and confidentiality

Required knowledge includes:

Knowledge of:

Aboriginal history, cultural values and interpersonal and Community protocols

Cultural and Heritage Legislation or relevant NPWS legislation

interpretation of legislation including case law precedents

social justice principles

organisations to which appropriate referrals can be made

other legislation that may impact on the situation

legal system of common law and statute law

legal structures involving tribunals, local court, district court, supreme court etc.

sustainable environmental practices

Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Compliance may include:

meeting relevant laws, by laws and regulations or best practice or codes of practice to support compliance in environmental performance and sustainability at each level as required (such as Environmental Protection or Biodiversity Conservation Act):

international

commonwealth

state/territory

industry

organisation

Competing interests may include:

application of rights under Native Title legislation versus rights under Aboriginal Land Rights legislation

Social justice principles may include:

access

equity

participation

fairness

Clients and stakeholders may refer to:

sites workers

Aboriginal Land Councils

Traditional Owners

Cultural managers

Aboriginal communities

other culture and heritage providers

Aboriginal-sites may include

shelters with deposits

open camp site

midden

shelter with midden

shelter with art

isolated find

undefined sites

axe grinding grooves

bora/ceremonial ring

burial site

rock engraving

scarred tree

carved tree

natural mythological site

restricted site

quarry

ochre quarry

fish trap

stone arrangement

mound (oven)

mia mia

waterhole (well)

contact/mission

abraded grooves

Aboriginal Place (declared under NPW Act)

Aboriginal Area (declared under NPW Act)

protected archaeological site

Conservation agreement

massacre

reserve

Aboriginal cultural protocols may include:

gender roles in relation to knowledge and cultural practices

information sensitivity and access

appropriate information transfer

negotiations with local Aboriginal Community about information transfer

cultural diversity

natural resources and their importance for economy, religion, spirituality, art, environment, values, beliefs and lore/law

rights and responsibilities associated with cultural knowledge, story, song, Site, and ceremony

interpersonal ways of relating

the talking of Community politics

repatriation of artefacts

issues of ownership (clans/nations)

ownership of intellectual property

acknowledging participation and ownership

communicating about cultural material

displaying cultural material

handling cultural material

identifying appropriate people to be consulted

occasions when consultation is required

ways in which consultations should be conducted