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Evidence Guide: CPCCSV6011A - Apply legal procedures to building surveying

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

 

CPCCSV6011A - Apply legal procedures to building surveying

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

Distinguish between common law, judicial precedent and legislation.

  1. Common law in the Australian legal system is analysed and documented.
  2. Binding and persuasive precedent is analysed and interpreted.
  3. Relationship between common law and statute law is analysed and documented.
  4. Delegated legislation and authorities' allocated specific powers are documented.
  5. Legal practice of reading case law and law updates are appraised and noted.
Common law in the Australian legal system is analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Binding and persuasive precedent is analysed and interpreted.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Relationship between common law and statute law is analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Delegated legislation and authorities' allocated specific powers are documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Legal practice of reading case law and law updates are appraised and noted.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify and interpret the court hierarchy and the civil/criminal jurisdictions of each court.

  1. Civil/criminal court hierarchy is analysed and documented.
  2. Details of the types of courts for civil/criminal jurisdiction of each court are analysed and documented.
  3. System of civil/criminal appeals is identified and documented.
  4. Jurisdiction that the coroner's court has in regulatory practice and its role in legislative reform are identified and documented.
  5. Role of legal personnel in the court system is identified and documented.
Civil/criminal court hierarchy is analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Details of the types of courts for civil/criminal jurisdiction of each court are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

System of civil/criminal appeals is identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Jurisdiction that the coroner's court has in regulatory practice and its role in legislative reform are identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Role of legal personnel in the court system is identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify and interpret courtroom procedures.

  1. Court examination procedures are identified and documented.
  2. Role of a judge and jury in a civil/criminal trial and eligibility to attend for jury service are identified and documented.
  3. Format of a prosecution brief is identified and documented.
  4. Appropriate manner of entering in to and departing courts or tribunals is adhered to.
  5. Appropriate manner of addressing courts or tribunals is adhered to.
  6. Relevant legal language is applied.
Court examination procedures are identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Role of a judge and jury in a civil/criminal trial and eligibility to attend for jury service are identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Format of a prosecution brief is identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Appropriate manner of entering in to and departing courts or tribunals is adhered to.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Appropriate manner of addressing courts or tribunals is adhered to.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Relevant legal language is applied.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify types of offences and defences within criminal law.

  1. Presumption of innocence in a criminal case and the burden of proof are analysed and documented.
  2. General principles of criminal liability are determined.
  3. Differences between summary and indictable offences are analysed and documented.
  4. Types of defences are analysed and documented.
Presumption of innocence in a criminal case and the burden of proof are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

General principles of criminal liability are determined.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Differences between summary and indictable offences are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Types of defences are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Detail types of evidence admissible in a civil/criminal trial.

  1. Types of evidence are analysed and documented.
  2. Differences between types of evidence in a court of law are defined and outlined.
  3. Evidence rules are identified and documented.
Types of evidence are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Differences between types of evidence in a court of law are defined and outlined.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evidence rules are identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify the rules of statutory interpretation.

  1. Acts of parliament and subordinate legislation as a source of law are analysed and documented.
  2. Extrinsic and intrinsic material as they relate to federal, state or territory Interpretation Acts are identified and documented.
  3. Syntactical presumptions are analysed and documented.
  4. General approaches to statutory interpretation are identified and analysed.
Acts of parliament and subordinate legislation as a source of law are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Extrinsic and intrinsic material as they relate to federal, state or territory Interpretation Acts are identified and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Syntactical presumptions are analysed and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

General approaches to statutory interpretation are identified and analysed.

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

This unit of competency could be assessed in the workplace or a close simulation of the workplace environment, provided that simulated or project-based assessment techniques fully replicate construction workplace conditions, materials, activities, responsibilities and procedures.

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

A person who demonstrates competency in this unit must be able to provide evidence of the ability to:

comply with OHS regulations applicable to workplace operations

apply organisational management policies and procedures, including quality assurance requirements where applicable

perform research, interpretation and analysis together with attendance and involvement in at least one civil law case and at least one criminal law case impacting on building control legislation, all in accordance with the professional code of conduct and ethics applicable to building control

provide reports to appropriate body/individual as determined by the project brief.

Context of and specific resources for assessment

This competency is to be assessed using standard and authorised work practices, safety requirements and environmental constraints.

Assessment of essential underpinning knowledge will usually be conducted in an off-site context.

Assessment is to comply with relevant regulatory or Australian standards' requirements.

Resource implications for assessment include:

an induction procedure and requirement

realistic tasks or simulated tasks covering the mandatory task requirements

relevant specifications and work instructions

tools and equipment appropriate to applying safe work practices

support materials appropriate to activity

workplace instructions relating to safe work practices and addressing hazards and emergencies

material safety data sheets

research resources, including industry related systems information.

Reasonable adjustments for people with disabilities must be made to assessment processes where required. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support.

Method of assessment

Assessment methods must:

satisfy the endorsed Assessment Guidelines of the Construction, Plumbing and Services Training Package

include direct observation of tasks in real or simulated work conditions, with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application

reinforce the integration of employability skills with workplace tasks and job roles

confirm that competency is verified and able to be transferred to other circumstances and environments.

Validity and sufficiency of evidence requires that:

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice, with a decision on competency only taken at the point when the assessor has complete confidence in the person's demonstrated ability and applied knowledge

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence.

Assessment processes and techniques should as far as is practical take into account the language, literacy and numeracy capacity of the candidate in relation to the competency being assessed.

Supplementary evidence of competency may be obtained from relevant authenticated documentation from third parties, such as existing supervisors, team leaders or specialist training staff.

Required Skills and Knowledge

Required skills

Required skills for this unit are:

ability to respond to change and contribute to workplace responsibilities, such as current work site environmental and sustainability frameworks or management systems

communication skills to:

address courts/tribunals

enable clear and direct communication, using questioning to identify and confirm requirements, share information, listen and understand

read and interpret:

legislation

other relevant documentation

use language and concepts appropriate to cultural differences

use and interpret non-verbal communication

written skills to record relevant information.

Required knowledge

Required knowledge for this unit is:

Australian legal system and applications of law and legal principles in building surveying

building policy and legislation

legal terminology, definitions, processes and procedures used in standard court operations

processes for the administration and preparation of documentation

relevant federal, state or territory legislation and local government policy and procedures

research processes and strategies.

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.

Australian legal system includes:

Australian common law system

laws applicable to building surveying

professional code of ethics.

Statute law includes:

common law

judicial precedent

legislation.

Types of courts include:

civil and criminal jurisdictions.

Types of evidence include:

admissible and inadmissible evidence

direct

documented

hearsay

oral

real

secondary.

Federal legislation includes:

Disability Discrimination Act.

State or territory legislation includes:

environmental health, planning, OHS and local government by-laws.

Syntactical presumptions include:

ejusdem generis

noscitur a sociis.

Statutory interpretation includes:

golden rule

literal rule

mischief rule.