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Evidence Guide: CPPDSM4020 - Present at tribunals

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

 

CPPDSM4020 - Present at tribunals

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

Prepare for tribunal.

  1. Process for making an application to relevant tribunal is followed.
  2. Documentation required for application to relevant tribunal is accurately completed.
  3. Evidence and other documentation required for tribunal are prepared and reviewed.
  4. Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.
  5. Pre-tribunal hearing briefings are participated in as appropriate and required.
  6. Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.
Process for making an application to relevant tribunal is followed.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Documentation required for application to relevant tribunal is accurately completed.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evidence and other documentation required for tribunal are prepared and reviewed.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Pre-tribunal hearing briefings are participated in as appropriate and required.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Participate in conciliation processes for grievances and disputes.

  1. Purpose and role of conciliation are clarified within particular tribunal and case context.
  2. Opportunities are explored to resolve grievances and disputes through conciliation.
  3. Conciliators are provided with complete and accurate information regarding grievance or dispute.
  4. Clear and concise formal case statements are prepared and provided for conciliator.
  5. Opportunities are taken to obtain relevant information from other parties during conciliation process.
  6. Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.
Purpose and role of conciliation are clarified within particular tribunal and case context.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Opportunities are explored to resolve grievances and disputes through conciliation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Conciliators are provided with complete and accurate information regarding grievance or dispute.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Clear and concise formal case statements are prepared and provided for conciliator.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Opportunities are taken to obtain relevant information from other parties during conciliation process.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Use appropriate tribunal etiquette.

  1. Appropriate manner of entering and departing tribunal is used.
  2. Appropriate manner of addressing tribunal is used.
  3. Relevant legal and industry language is used where appropriate.
Appropriate manner of entering and departing tribunal is used.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Appropriate manner of addressing tribunal is used.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Relevant legal and industry language is used where appropriate.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Present case before tribunal.

  1. Rules and procedures of tribunal are applied.
  2. Case is outlined in a clear and concise manner.
  3. Evidence is given and routine examination of witnesses is undertaken appropriately.
  4. Relevant decisions and precedents are referred to appropriately.
  5. Respondent submissions are responded to appropriately.
  6. Questions and directions from tribunal are responded to appropriately.
  7. Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.
Rules and procedures of tribunal are applied.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Case is outlined in a clear and concise manner.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evidence is given and routine examination of witnesses is undertaken appropriately.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Relevant decisions and precedents are referred to appropriately.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Respondent submissions are responded to appropriately.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Questions and directions from tribunal are responded to appropriately.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Act as a witness.

  1. Pre- and post-tribunal briefings and debriefings are participated in as required.
  2. Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.
  3. Requirements of tribunal processes and proceedings are observed while acting as witness.
  4. Liaison with appropriate legal representatives is maintained.
  5. Appropriate and required documentation and reporting are completed and stored according to agency practice.
Pre- and post-tribunal briefings and debriefings are participated in as required.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Requirements of tribunal processes and proceedings are observed while acting as witness.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Liaison with appropriate legal representatives is maintained.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Appropriate and required documentation and reporting are completed and stored according to agency practice.

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.

Prepare for tribunal.

1.1.

Process for making an application to relevant tribunal is followed.

1.2.

Documentation required for application to relevant tribunal is accurately completed.

1.3.

Evidence and other documentation required for tribunal are prepared and reviewed.

1.4.

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.

1.5.

Pre-tribunal hearing briefings are participated in as appropriate and required.

1.6.

Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.

2.

Participate in conciliation processes for grievances and disputes.

2.1.

Purpose and role of conciliation are clarified within particular tribunal and case context.

2.2.

Opportunities are explored to resolve grievances and disputes through conciliation.

2.3.

Conciliators are provided with complete and accurate information regarding grievance or dispute.

2.4.

Clear and concise formal case statements are prepared and provided for conciliator.

2.5.

Opportunities are taken to obtain relevant information from other parties during conciliation process.

2.6.

Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.

3.

Use appropriate tribunal etiquette.

3.1.

Appropriate manner of entering and departing tribunal is used.

3.2.

Appropriate manner of addressing tribunal is used.

3.3.

Relevant legal and industry language is used where appropriate.

4.

Present case before tribunal.

4.1.

Rules and procedures of tribunal are applied.

4.2.

Case is outlined in a clear and concise manner.

4.3.

Evidence is given and routine examination of witnesses is undertaken appropriately.

4.4.

Relevant decisions and precedents are referred to appropriately.

4.5.

Respondent submissions are responded to appropriately.

4.6.

Questions and directions from tribunal are responded to appropriately.

4.7.

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

5.

Act as a witness.

5.1.

Pre- and post-tribunal briefings and debriefings are participated in as required.

5.2.

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

5.3.

Requirements of tribunal processes and proceedings are observed while acting as witness.

5.4.

Liaison with appropriate legal representatives is maintained.

5.5.

Appropriate and required documentation and reporting are completed and stored according to agency practice.

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.

Prepare for tribunal.

1.1.

Process for making an application to relevant tribunal is followed.

1.2.

Documentation required for application to relevant tribunal is accurately completed.

1.3.

Evidence and other documentation required for tribunal are prepared and reviewed.

1.4.

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.

1.5.

Pre-tribunal hearing briefings are participated in as appropriate and required.

1.6.

Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.

2.

Participate in conciliation processes for grievances and disputes.

2.1.

Purpose and role of conciliation are clarified within particular tribunal and case context.

2.2.

Opportunities are explored to resolve grievances and disputes through conciliation.

2.3.

Conciliators are provided with complete and accurate information regarding grievance or dispute.

2.4.

Clear and concise formal case statements are prepared and provided for conciliator.

2.5.

Opportunities are taken to obtain relevant information from other parties during conciliation process.

2.6.

Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.

3.

Use appropriate tribunal etiquette.

3.1.

Appropriate manner of entering and departing tribunal is used.

3.2.

Appropriate manner of addressing tribunal is used.

3.3.

Relevant legal and industry language is used where appropriate.

4.

Present case before tribunal.

4.1.

Rules and procedures of tribunal are applied.

4.2.

Case is outlined in a clear and concise manner.

4.3.

Evidence is given and routine examination of witnesses is undertaken appropriately.

4.4.

Relevant decisions and precedents are referred to appropriately.

4.5.

Respondent submissions are responded to appropriately.

4.6.

Questions and directions from tribunal are responded to appropriately.

4.7.

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

5.

Act as a witness.

5.1.

Pre- and post-tribunal briefings and debriefings are participated in as required.

5.2.

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

5.3.

Requirements of tribunal processes and proceedings are observed while acting as witness.

5.4.

Liaison with appropriate legal representatives is maintained.

5.5.

Appropriate and required documentation and reporting are completed and stored according to agency practice.

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 appear effectively before a tribunal on three separate occasions as follows:

prepare and present a case before a tribunal on a property-related matter

participate in a conciliation process to resolve a property-related grievance or dispute

act as a witness at a tribunal on a property-related matter.

In doing the above, the person must:

apply knowledge of the role and jurisdiction of tribunals that hear matters relating to property operations

prepare and lodge applications for a tribunal

complete and store documentation relating to the above matters according to agency or organisation requirements.

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

protocols to follow when acting as a witness

purpose and role of conciliation in the property industry

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

anti-discrimination and equal employment opportunity

consumer protection and trade practices

employment and industrial relations

environmental issues

financial services

franchises and business structure

leases

privacy

property sales and management

work health and safety (WHS)

role and jurisdiction of tribunal that hear matters relating to property operations

key features of the rules of evidence

powers and role of tribunals in property-related hearings

tribunal procedures, including:

documentation required for applications to tribunal

procedure to be followed for presenting a case to a tribunal

procedure to be followed where a matter has been settled prior to hearing

process for making an application to a tribunal

role of witnesses

tribunal etiquette.

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.

Purpose and role of conciliation must include:

giving parties a chance to settle a matter on their terms

giving parties the opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation.

Evidence must include information that:

is descriptive

is devoid of assumptions or judgemental statements

represents details and facts of evidence pertinent to the case.

Examination of witnesses must include:

cross-examining respondent witnesses

questioning own witnesses

re-examining own or respondent witnesses.

Pre- and post-tribunal briefings and debriefings must include:

details of the case

outcomes and consequences of tribunal decisions

presentation of evidence

rules of evidence

tribunal protocol.