Elements and Performance Criteria

The Range of Variables defines the different contexts, work environments and parameters governing the performance of this competency standard. The variables chosen in training and assessment will need to reflect local industry and regional contexts.

Which environmental legal systems may apply to this standard?
Local government legal responsibilities, State/Territory government legal responsibilities, Commonwealth government legal responsibilities, and court systems.

Which administration of environmental law in Australia may be included?
Local government administrative arrangements, State/ Territory government departments and agencies, Commonwealth government departments and agencies, and commissions and authorities.

Which international forums may be relevant?
International Union of Commonwealth Nations, GAT and United Nations.

Which relevant conventions may be included in this standard?
Indigenous Peoples, Traditional Technologies and Equitable Sharing; International Instruments for the Protection of Community Intellectual Property & Traditional Resource Rights; Oxford Centre for the Environment, Ethics & Society: Oxford; Rainforest Aboriginal Network (1993) Julayinbul; Aboriginal and Intellectual and cultural property: Definitions, ownership and strategies for protection in the Wet Tropics World Heritage Area; Agenda 2, Chapter 26; The Biodiversity Convention articles 8. (J) and 16; The Law of the Sea Convention; IUCN Inter Commission Taskforce on Indigenous Peoples; ILO Convention No. 169: Convention concerning Indigenous and Tribal peoples in Independent countries; The Declaration of Kari-Oca; The Declaration on the rights of Indigenous Peoples; Mataatuta Declaration on Cultural and Intellectual Property rights of Indigenous Peoples (New Zealand) and Universal Declaration on Human Rights.

Which negotiated outcomes may apply to this standard?
Co-existence agreements, heads of agreement, land use strategy agreements, sea use strategy agreements, contracts with government, joint management agreements, and Memorandum of Understanding.

What processes and steps for the negotiation and conflict resolution may be included?
Models of win-win strategies, models of win-lose strategies, bargaining positions, roles of key stakeholders in the processes, key words and phrases to use in moving negotiation, determination of when and how to involve legal personnel and roles of mediators.

What evidence is required to demonstrate competence for this standard as a whole?
Competence in proposing a negotiated outcome for a given area of country requires evidence that a proposal has been appropriately completed according to community protocols and best practice procedures. The skills and knowledge required to proposing a negotiated outcome for a given area of country must be transferable to a range of work environments and contexts. For example, this could include different areas of country, legislative parameters and reporting formats.
What specific knowledge is needed to achieve the performance criteria?

Knowledge and understanding are essential to apply this standard in the workplace, to transfer the skills to other contexts and to deal with unplanned events. The knowledge requirements for this unit are listed below:

Report preparation.
Consultation approaches.
Conflict resolution.
Cultural customs and heritage.
Relevant state land and resources acts/legislation.
International environment forums.
Relevant international and national conventions and agreements.
Management and use of the resources of the specific area.

What specific skills are needed to achieve the performance criteria?

To achieve the performance criteria, some complementary skills are required. These skills include the ability to:

Identify, select and define relevant issues related to the given area of country.
Gather and analyse information on given area of country.
Formulate and communicate proposals for given area of country.
Complete a proposal for a negotiated outcome for a given area of country.

Are there other competency standards that could be assessed with this one?
This competency standard could be assessed on its own or in combination with other competencies relevant to the job function.

Essential Assessment Information
For information about

What processes should be applied to this competency standard?
There are a number of processes that are learnt throughout work and life, which are required in all jobs. They are fundamental processes and generally transferable to other work functions. Some of these are covered by the key competencies, although others may be added. The questions below highlight how these processes are applied in this competency standard. Following each question a number in brackets indicates the level to which the key competency needs to be demonstrated where 0 = not required, 1 = perform the process, 2 = perform and administer the process and 3 = perform, administer and design the process.
Communicating ideas and information
Communication of ideas and information can be applied by discussing verbally or in writing a negotiated outcome for a given area of country with appropriate people and others. (2)

Collecting analysing and organising information
Proposing a negotiated outcome for a given area of country will require detailed information to be gathered from a variety of sources, and analysed and organised for others. (3)

Planning and organising activities
Proposing a negotiated outcome for a given area of country requires some planning and organising of information and resources. (2)

Working with others and in teams
Proposing a negotiated outcome for a given area of country will require coordination of self and others in a team. (2)

Using mathematical ideas and techniques
Not applicable. (0)

Solving problems
While proposing a negotiated outcome for a given area of country, technical, organisational and cultural problems may arise requiring complex solutions. (3)

Using technology
Technology may be required to gather and present information. (1)