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Evidence Guide: CPPDSM4009 - Interpret legislation to complete work in the property industry

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!

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CPPDSM4009 - Interpret legislation to complete work in the property industry

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

Identify legal principles and legislative requirements affecting property operations.

  1. Legal framework in which property organisations operate is identified.
  2. Components of statute law and their relationships are identified with respect to their application to practice in the property industry.
  3. Source documents for legislation and regulations relating to provision of property services are identified and accessed.
Legal framework in which property organisations operate is identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Components of statute law and their relationships are identified with respect to their application to practice in the property industry.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Source documents for legislation and regulations relating to provision of property services are identified and accessed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Interpret legislative requirements affecting property operations.

  1. Structureof property legislation and regulations are identified.
  2. Common interpretation problems with property legislation and regulations are identified.
  3. Rules and techniques for interpreting property legislation and regulations are identified and applied.
Structureof property legislation and regulations are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Common interpretation problems with property legislation and regulations are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Rules and techniques for interpreting property legislation and regulations are identified and applied.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify changes to legislation and regulations affecting agency or organisation operations.

  1. Processes that lead to changes in property legislation and regulations are identified.
  2. Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.
  3. Techniques for tracking amendments to property legislation and regulations are identified and applied.
  4. Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.
  5. Strategies for identifying amendments to legislation and regulations are implemented.
  6. Changes to legislative and regulatory requirements are communicated to appropriate people.
Processes that lead to changes in property legislation and regulations are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Techniques for tracking amendments to property legislation and regulations are identified and applied.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Strategies for identifying amendments to legislation and regulations are implemented.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Changes to legislative and regulatory requirements are communicated to appropriate people.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Comply with relevant industry codes.

  1. Industry codes of conduct are sourced and accessed.
  2. Relationship between industry codes of conduct and legislative requirements are identified.
  3. Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.
  4. Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.
Industry codes of conduct are sourced and accessed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relationship between industry codes of conduct and legislative requirements are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Maintain records of legislation and industry codes.

  1. Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.
  2. Records of changes to legislation and industry codes are maintained.
Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Records of changes to legislation and industry codes are maintained.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal principles and legislative requirements affecting property operations.

1.1.

Legal framework in which property organisations operate is identified.

1.2.

Components of statute law and their relationships are identified with respect to their application to practice in the property industry.

1.3.

Source documents for legislation and regulations relating to provision of property services are identified and accessed.

2.

Interpret legislative requirements affecting property operations.

2.1.

Structureof property legislation and regulations are identified.

2.2.

Common interpretation problems with property legislation and regulations are identified.

2.3.

Rules and techniques for interpreting property legislation and regulations are identified and applied.

3.

Identify changes to legislation and regulations affecting agency or organisation operations.

3.1.

Processes that lead to changes in property legislation and regulations are identified.

3.2.

Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.

3.3.

Techniques for tracking amendments to property legislation and regulations are identified and applied.

3.4.

Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.

3.5.

Strategies for identifying amendments to legislation and regulations are implemented.

3.6.

Changes to legislative and regulatory requirements are communicated to appropriate people.

4.

Comply with relevant industry codes.

4.1.

Industry codes of conduct are sourced and accessed.

4.2.

Relationship between industry codes of conduct and legislative requirements are identified.

4.3.

Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.

4.4.

Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.

5.

Maintain records of legislation and industry codes.

5.1.

Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.

5.2.

Records of changes to legislation and industry codes are maintained.

Required Skills and Knowledge

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal principles and legislative requirements affecting property operations.

1.1.

Legal framework in which property organisations operate is identified.

1.2.

Components of statute law and their relationships are identified with respect to their application to practice in the property industry.

1.3.

Source documents for legislation and regulations relating to provision of property services are identified and accessed.

2.

Interpret legislative requirements affecting property operations.

2.1.

Structureof property legislation and regulations are identified.

2.2.

Common interpretation problems with property legislation and regulations are identified.

2.3.

Rules and techniques for interpreting property legislation and regulations are identified and applied.

3.

Identify changes to legislation and regulations affecting agency or organisation operations.

3.1.

Processes that lead to changes in property legislation and regulations are identified.

3.2.

Source documents for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.

3.3.

Techniques for tracking amendments to property legislation and regulations are identified and applied.

3.4.

Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.

3.5.

Strategies for identifying amendments to legislation and regulations are implemented.

3.6.

Changes to legislative and regulatory requirements are communicated to appropriate people.

4.

Comply with relevant industry codes.

4.1.

Industry codes of conduct are sourced and accessed.

4.2.

Relationship between industry codes of conduct and legislative requirements are identified.

4.3.

Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.

4.4.

Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.

5.

Maintain records of legislation and industry codes.

5.1.

Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.

5.2.

Records of changes to legislation and industry codes are maintained.

A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.

The person must also source and interpret legislation affecting operations in the property industry.

The person must demonstrate this performance by sourcing and documenting the latest legislative requirements for three aspects of property operations in either the real estate, stock and station agency, or strata community management sector; and communicating this information in an accessible manner to those engaged in agency or organisation operations.

In doing the above, the person must:

apply rules and techniques to interpret legislative provisions affecting operations in the property industry

apply techniques to track amendments to legislation in a timely manner

apply strategies to communicate legislative requirements and amendments to appropriate people in the agency or organisation in a timely manner

identify changes to legislation and industry codes of conduct affecting agency or organisation operations

apply general principles of legislation, regulations and industry codes of conduct affecting operations in the property industry

maintain accurate and up-to-date records of legislation and industry codes of conduct.

A person demonstrating competency in this unit must demonstrate knowledge of:

codes of conduct relating to property industry operations

common problems associated with interpreting legislation

principles and purpose of legislation

key requirements of federal, and state or territory legislation and local government regulations relating to the property industry:

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environment and sustainability

financial services

leases

privacy

property sales and management

strata community management

work health and safety (WHS).

Range Statement

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Legal framework must include:

common law

contract law

equity law

statute law.

Components of statute law must include:

principal legislation, such as Acts

subordinate legislation, such as:

approvals

determinations

mandatory and non-mandatory administrative guidelines

orders

regulations.

Structureof property legislation and regulations must include:

endnotes, including:

explanatory notes

index

table of amendments

section headings, margin notes and clause notes

parts, sections, subsections, paragraphs, regulations, sub-regulations and clauses

types of provisions, including:

approvals

deeming provisions

definitions and interpretations

general penalties

objectives

offences

prescribed arrangements relating to regulations and orders.

Common interpretation problems must include:

ambiguous words

broad phrases

need for words to be implied

printing and drafting errors

unforeseen developments, such as changes in technology or practice.

Rules and techniques for interpreting property legislation and regulations must include:

aids to interpreting legislation, including:

external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and previous judicial interpretations

internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, and margin notes

language conventions and expressions, including:

and, or

gender

hierarchy

includes

may, should and must

reading rules, including:

context

golden

literal

mischief

purposive

express mention of one thing to the exclusion of another

words interpreted through their connection with other words

words with the same meaning.

Processes must include:

government agency approval

governor approval

minister approval

parliament.

Source documents must include:

amendment Acts

amendment regulations

Bills

consolidated or reprinted Acts.

Techniques for tracking amendments must include:

government and industry newsletters and information sessions

use of margin notes and tables of amendments.

Appropriate people must include:

agency or organisation principal

authorised representatives

bookkeepers, accountants and auditors

licensed real estate agents

property managers

sales people.

Industry codesof conduct must address at least two of the following:

ethical behaviour

general business operations

property sales and management

strata community management.

Records must include at least two of the following:

agency administration

property management

property sales

strata scheme administration.