Elements and Performance Criteria

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.
Legislation, regulations and policies may include:
commonwealth, state and territory legislation relevant to property law
government regulations and policies on property law.
Titles of ownership must include:
99 year lease
community
company
old system
qualified
strata title
torrens.
Parties involved in buying and selling a property may include:
agent
first mortgagee's representative
purchaser
purchaser's representative
second mortgagee's representative
vendor
vendor's representative.
Steps involved in buying and selling a property may include:
arranging deposit
arranging settlement meeting
calculating balance and to whom payment should be made
despatching documents to relevant parties
discharging vendor's mortgage/s
exchanging contracts
handling requisitions
invoicing client
preparing prescribed documents and contracts
registering documents at land titles office
securing finance
signing contracts
stamping documents
transferring title
updating files and titles book.
Relevant documents include:
certificate of title
documents concerning easements and right of way
plan of land
plan of sewerage on property
town planning certificate.
Authorities and service providers include:
land titles office
local government offices
water authorities.
Documentation may include:
contract attachments
contract of sale
forward transfer
letter of confirmation of settlement
order of agent
settlement documents, including settlement sheet.
Organisation's policies and procedures may include:
contingency management
individual procedures adopted by instructing legal practitioner
office procedural manuals
precedents for various property documents
protocol for accommodating specific client needs
recording information
requisition forms
security, confidentiality and privacy procedures
using electronic document exchange systems
using electronic funds transfer systems.
Designated person may include:
barrister
government official
legal practitioner
person authorised by government to carry out identified property law matters
supervisor.

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

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Evidence of the ability to:
prepare, give and obtain appropriate and accurate information and documents from the parties at the required stages of the legal process
conduct duties according to accepted codes of conduct, including those relating to maintaining confidentiality, use of company property, duty of care, ethical behaviours, privacy, non-discriminatory practice, conflict of interest and compliance with reasonable direction
apply the principles of property law in the buying and selling of property and preparation and execution of leases
carry out the administrative activities associated with buying and selling property and preparing leasing contracts.

Context of and specific resources for assessment
Assessment must ensure access to:
an actual workplace or simulated environment
appropriate legislation and regulations relevant to property law
workplace manuals and reference materials, such as company policies, procedural manuals and checklists
list of relevant sources of documentation and sample forms
background information on courts, their jurisdiction and behavioural requirements
appropriate technology, such as computers with relevant software
appropriate texts and people with expert knowledge, such as legal practitioners
appropriate legislation and regulations relevant to common legal matters.

Method of assessment
A range of assessment methods should be used to assess practical skills and knowledge.The following examples are appropriate for this units:
analysis of responses to case studies and scenarios
direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
observation of role plays
review of draft residential and commercial leasing contract
review of draft contract of sale
review of pre-settlement and post-settlement documents
oral or written questioning to assess knowledge of legal terminology specific to property law.

Guidance information for assessment
Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.