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Evidence Guide: LGALAND406A - Respond to native title determination applications

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

 

LGALAND406A - Respond to native title determination applications

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

Conduct background research on the native title system

  1. The native title system established under commonwealth legislation is researched.
  2. The role and function of relevant agencies are identified.
  3. The system for considering native title determination applications is identified.
  4. The steps involved in responding to a native title determination application are identified.
The native title system established under commonwealth legislation is researched.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The role and function of relevant agencies are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The system for considering native title determination applications is identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The steps involved in responding to a native title determination application are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Develop a strategy for integrating native title considerations into council decision making

  1. The areas where native title is likely to continue to exist are identified.
  2. Expert advice is sought as required.
  3. Relevant agencies and native title holders/registered claimants are consulted.
  4. The range of options for council to adopt a precautionary approach to native title matters is assessed.
  5. Appropriate strategies and actions are developed.
  6. Meetings with relevant council officers are held to discuss implications of adopting a precautionary approach.
  7. Council procedures, practices and documentation reflect a precautionary approach.
  8. Relevant stakeholders are informed.
The areas where native title is likely to continue to exist are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Expert advice is sought as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant agencies and native title holders/registered claimants are consulted.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

The range of options for council to adopt a precautionary approach to native title matters is assessed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Appropriate strategies and actions are developed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Meetings with relevant council officers are held to discuss implications of adopting a precautionary approach.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Council procedures, practices and documentation reflect a precautionary approach.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant stakeholders are informed.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Respond to a native title application

  1. Options for responding to an application of a determination of native title are identified.
  2. Expert advice is sought as required.
  3. Relevant agencies are consulted.
  4. Discussions are held with native title applicants to clarify issues of concern to local government.
  5. Advice is prepared for council with recommendations for an appropriate course of action.
Options for responding to an application of a determination of native title are identified.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Expert advice is sought as required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Relevant agencies are consulted.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Discussions are held with native title applicants to clarify issues of concern to local government.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Advice is prepared for council with recommendations for an appropriate course of action.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

The demonstrated ability to:

conduct research into the native title system to identify the concepts of native title and the relationship between the Australian land tenure system and native title

develop a strategy for integrating native title considerations into council decision making

respond to a native title application and prepare advice for council.

Context of assessment

Competency is demonstrated by the performance of all stated criteria, with particular attention to the critical aspects of evidence and the knowledge and skills elaborated in the Evidence Guide, and within the scope of the Range Statement.

Assessment must take account of the endorsed Assessment Guidelines in the Local Government Training Package.

Assessment of the performance requirements in this unit should be undertaken in an actual workplace or simulated environment.

Assessment should reinforce the integration of the key competencies for the particular AQF level. Refer to the key competency levels at the end of this unit.

Relationship to other units(prerequisite or co-requisite units)

To enable holistic assessment this unit may be assessed with other units that form the job role.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

Evidence should be collected over a set period of time that is sufficient to include dealings with an appropriate range and variety of situations.

Resource implications

The learner and trainer should have access to appropriate documentation and resources normally used in the workplace.

Required Skills and Knowledge

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

Required Skills

oral and written communication

research

evaluation

decision making

consultation

mediation

negotiation.

Required Knowledge

origins and concepts of native title

Australian land tenure system

relevant commonwealth and state or territory legislation

primary cases on native title

Aboriginal and Torres Strait Islander laws and customs

system for considering native title applications

processes for mediation and litigation in native title matters

advice of local government peak bodies on native title

relevant agencies

cultural context

location and resources

legal requirements

organisational policies, procedures and processes.

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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 in the Performance Criteria is detailed below.

Research may include:

Australian land tenure system

commonwealth and state legislation

primary legal cases on native title

Aboriginal and Torres Strait Islander law and custom

advice and information prepared by local government peak bodies

case studies from other council experiences.

Relevant agencies may include:

the federal court of Australia

the National Native Title Tribunal

the relevant native title representative body

the claimant community and/or its legal representative

the state government.

The range of options for council to adopt may include:

mediation

agreements

litigation.

A precautionary approach may include:

investigating the extent of council's liability

minimising the risks associated with native title matters

acting in accordance with the principles of good governance as contained in state legislation

seeking mediated outcomes in order to avoid costly litigation.

Appropriate strategies and actions may include:

developing agreements with the native title holders/applicants.

Council procedures, practices and documentation may include:

a registered agreement with native title holders/applicants

a policy document setting out council's approach to native title matters.

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