Unit of competency Outline

Date retreived
22/07/2026 1:04 AM AWST

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Apply relevant legislation in Aboriginal-sites work

Apply relevant legislation in Aboriginal-sites work

Unit of competency
National Code
AHCASW311A
State Code
WG079
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
01/03/2013
State Implementation and Classification
Approved Date
18/06/2014
Field of Education
090311 - Indigenous Studies
Original Release Date
18/06/2014
Nominal Hours
35
Description
This unit describes the knowledge and skills required by the Aboriginal-sites worker to work within the constructs of relevant legislation in their work with Aboriginal-sites, cultural materials and cultural landscapes.
Notes
Elements and Performance Criteria
1. Research the relevant legislation
  • 1.1 The scope and coverage of legislation for the relevant jurisdiction is identified
  • 1.2 An understanding of the purpose of legislation and amendments that comply with environmental and sustainability requirements is applied over time
  • 1.3 Roles and influences of key stakeholders as outlined in the applicable legislation are defined
2. Identify and interpret relevant legislative provisions
  • 2.1 The provisions of the relevant and applicable legislation and case law precedents are identified and determined
  • 2.2 Compliance requirements are clarified to confirm understanding and to ensure consistency of interpretation and application
  • 2.3 Any competing interests arising from different pieces of legislation with jurisdiction over the one Aboriginal cultural site, landscape or material are interpreted
  • 2.4 Social justice principles are incorporated into interpretation of legislative provisions
  • 2.5 Terms and definitions in the legislation are interpreted correctly
3. Identify stakeholder requirements
  • 3.1 Needs of clients and stakeholders in relation to relevant legislation are identified
  • 3.2 Client and stakeholder situation is analysed and legislative provisions that apply to the circumstances are identified
  • 3.3 Own Aboriginal-sites work is conducted in accordance with legislative requirements and following Aboriginal cultural protocols and values
  • 3.4 Own limitations and professional boundaries are recognised
  • 3.5 The need for assistance is recognised and referrals to expert advisors or advisory organisations are provided
4. Identify strategies in response to the client's needs
  • 4.1 Strategies to apply legislative provisions to the factual circumstances of the case are identified and provided
  • 4.2 A range of legal and non-legal strategies is determined according to the needs of the client and stakeholders and taking into consideration all applicable legislative provisions and regulations
  • 4.3 Key concepts and understandings of legislative requirements are related to stakeholders in culturally appropriate ways
  • 4.4 Compliance requirements are communicated to clients and stakeholders
  • 4.5 Options and possible outcomes to clients and stakeholders are communicated clearly in culturally appropriate ways
  • 4.6 Clients and stakeholders are supported to achieve appropriate 'best possible' outcomes
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.
Compliance may include:
meeting relevant laws, by laws and regulations or best practice or codes of practice to support compliance in environmental performance and sustainability at each level as required (such as Environmental Protection or Biodiversity Conservation Act):
international
commonwealth
state/territory
industry
organisation
Competing interests may include:
application of rights under Native Title legislation versus rights under Aboriginal Land Rights legislation
Social justice principles may include:
access
equity
participation
fairness
Clients and stakeholders may refer to:
sites workers
Aboriginal Land Councils
Traditional Owners
Cultural managers
Aboriginal communities
other culture and heritage providers
Aboriginal-sites may include
shelters with deposits
open camp site
midden
shelter with midden
shelter with art
isolated find
undefined sites
axe grinding grooves
bora/ceremonial ring
burial site
rock engraving
scarred tree
carved tree
natural mythological site
restricted site
quarry
ochre quarry
fish trap
stone arrangement
mound (oven)
mia mia
waterhole (well)
contact/mission
abraded grooves
Aboriginal Place (declared under NPW Act)
Aboriginal Area (declared under NPW Act)
protected archaeological site
Conservation agreement
massacre
reserve
Aboriginal cultural protocols may include:
gender roles in relation to knowledge and cultural practices
information sensitivity and access
appropriate information transfer
negotiations with local Aboriginal Community about information transfer
cultural diversity
natural resources and their importance for economy, religion, spirituality, art, environment, values, beliefs and lore/law
rights and responsibilities associated with cultural knowledge, story, song, Site, and ceremony
interpersonal ways of relating
the talking of Community politics
repatriation of artefacts
issues of ownership (clans/nations)
ownership of intellectual property
acknowledging participation and ownership
communicating about cultural material
displaying cultural material
handling cultural material
identifying appropriate people to be consulted
occasions when consultation is required
ways in which consultations should be conducted
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
The delivery and assessment of this unit must comply with Community protocols and be carried out in consultation with Traditional Owners and/or Elders and custodians of the Country in question.
Candidates must demonstrate evidence of the ability to:
identify appropriate and relevant legislation and knowledge of relevant compliance requirements affecting Aboriginal-sites work in a specified jurisdiction
apply the relevant legislation to the circumstances appropriately and accurately
use referral options and other expertise to assist in interpreting and applying legislative requirements
communicate legal concepts and legislative language to Aboriginal clients and stakeholders in culturally appropriate way
Context of and specific resources for assessment
Assessment events must be contextualised to meet the needs of the particular group, including:
a Community, educational or workplace setting
involvement of people approved by cultural authorities and/or Traditional Owners of the relevant local Community
relevant organisational policy, protocols and procedures
relevant legislation
candidates who have gained relevant knowledge and skills through their life experience
Method of assessment
A range of assessment methods should be used to assess competency in applying relevant legislation in Aboriginal-sites work. The following examples are appropriate for this unit:
observation of the candidate relating to and engaging Aboriginal persons and Aboriginal Community on Country
direct questioning combined with third-party workplace reports of on-the-job performance
verbal or written questioning
observation of participation in applying relevant legislation in Aboriginal-sites work related to the knowledge and skills outlined in this unit
Assessment methods should closely reflect workplace demands and the needs of particular client groups (consider the requirements of different age groups, clients with English as a second language, clients with disabilities, remote library users, etc.).
Guidance information for assessment
This unit can be assessed independently; however holistic assessment practice with other Indigenous Land Management and Aboriginal-sites worker units of competency is encouraged.
Assessment for this unit should comprise a combination of theory and practical application. Both aspects of assessment are best conducted on Country for this unit.
Replaced By
State Code National Code Title Type
BAQ27 AHCASW313 Apply knowledge of relevant legislation to Aboriginal sites work Unit of competency
State Code National Code Title Type
J516 AHC32513 Certificate III in Aboriginal-sites Work Qualification