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Evidence Guide: LGALAND503A - Develop agreements with native title holders_traditional owners

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

 

LGALAND503A - Develop agreements with native title holders_traditional owners

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

Conduct background research to identify traditional owners

  1. Protocols for consultation with Aboriginal or Torres Strait Islander people are researched and documented.
  2. Appropriate research is undertaken to identify the correct traditional owners, including consultation with the relevant native title representative body and the National Native Title Tribunal (NNTT).
  3. Expert advice is sought where appropriate.
Protocols for consultation with Aboriginal or Torres Strait Islander people are researched and documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Appropriate research is undertaken to identify the correct traditional owners, including consultation with the relevant native title representative body and the National Native Title Tribunal (NNTT).

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Expert advice is sought where appropriate.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify key stakeholders

  1. NNTT is consulted about the requirements for registering an Indigenous land use agreement (ILUA).
  2. Other stakeholders or potential parties to the agreement are identified through consultation with relevant government agencies.
  3. Other Indigenous people with interests are identified.
  4. Meetings are held with traditional owners to establish rapport and credibility.
NNTT is consulted about the requirements for registering an Indigenous land use agreement (ILUA).

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Other stakeholders or potential parties to the agreement are identified through consultation with relevant government agencies.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Other Indigenous people with interests are identified.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Meetings are held with traditional owners to establish rapport and credibility.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Negotiate with traditional owners

  1. The range of issues to be addressed through an agreement is clarified with council.
  2. Highly desirable, unacceptable, or possible trade-off positions on each issue are identified for discussion with the traditional owners.
  3. The scope of the negotiations is identified and agreed with traditional owners.
  4. Culturally appropriate protocols for negotiations are established.
  5. Levels of confidentiality and liaison with the media are agreed.
  6. Processes and timing for consultation with the wider community are agreed.
  7. Arrangements for liaison with the media are agreed.
  8. Negotiations are appropriately managed and focussed on mutual outcomes.
  9. Agreement is reached through negotiation and terms and conditions of agreement are drafted.
The range of issues to be addressed through an agreement is clarified with council.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Highly desirable, unacceptable, or possible trade-off positions on each issue are identified for discussion with the traditional owners.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

The scope of the negotiations is identified and agreed with traditional owners.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Culturally appropriate protocols for negotiations are established.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Levels of confidentiality and liaison with the media are agreed.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Processes and timing for consultation with the wider community are agreed.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Arrangements for liaison with the media are agreed.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Negotiations are appropriately managed and focussed on mutual outcomes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Agreement is reached through negotiation and terms and conditions of agreement are drafted.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Register the agreement

  1. Expert advice is sought on the draft terms and conditions of the agreement.
  2. Draft terms and conditions of the agreement are documented.
  3. NNTT is consulted about requirements prior to lodging an ILUA registration.
  4. Application for registration is lodged with appropriate agencies and any queries or additional requirements are satisfied.
  5. The agreement is registered.
  6. Arrangements are established for implementation and fulfilment of commitments detailed in the agreement.
Expert advice is sought on the draft terms and conditions of the agreement.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Draft terms and conditions of the agreement are documented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

NNTT is consulted about requirements prior to lodging an ILUA registration.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Application for registration is lodged with appropriate agencies and any queries or additional requirements are satisfied.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

The agreement is registered.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Arrangements are established for implementation and fulfilment of commitments detailed in the agreement.

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 appropriate research to identify traditional owners

identify key stakeholders and establish rapport and credibility to facilitate the negotiation process

conduct negotiations with traditional owners to reach agreement

register an Indigenous land use agreement.

Context of assessment

Competency is demonstrated by 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 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 part of 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

negotiation

consultation

media liaison

Required Knowledge

cultural context

location and resources

legal requirements

organizational processes

equity and diversity principles

council policies and procedures

state or territory and commonwealth government departments and agencies

Indigenous land use agreements

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.

Protocols for consultation may include:

use of interpreters

talking to the appropriate people

respecting cultural differences

respecting family, kinship and clan relationships

allowing sufficient time for the parties to receive, absorb and respond to information

Appropriate research may include:

register searches

consultation with the relevant native title representative body

NNTT decisions and records

state or territory government policies

Other stakeholders may include:

other landholders

lessees

state or territory government agencies

commonwealth departments and agencies

other Aboriginal or Torres Strait Islander people with historical connections to the area

Culturally appropriate protocols may include:

representation and mandate

methods of communication in face to face meetings

time frames

meeting times

venues

use of interpreters

levels of confidentiality

Expert advice may include:

solicitors and barristers

native title representative bodies

native title holders/applicants

NNTT

the federal court

state or territory governments

other professionals with relevant expertise, including anthropologists, archaeologists, valuers, planners and mediators

Appropriate agencies may include:

federal court

NNTT

federal attorney-general's department

native title representative bodies

state or territory governments

Arrangements may include:

formal or registered agreements

informal agreements