Unit of competency Outline

Date retreived
22/07/2026 2:45 PM AWST

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Apply legal procedures to building surveying

Apply legal procedures to building surveying

Unit of competency
National Code
CPCCSV6011A
State Code
W9595
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
07/04/2011
State Implementation and Classification
Approved Date
15/09/2014
Field of Education
040305 - Building Surveying
Original Release Date
15/09/2014
Nominal Hours
40
Description
This unit of competency specifies the outcomes required to advise on building control activities in a court of law and present evidence in accordance with rules of evidence for civil and criminal trials.It includes the identification and application of the rules of statutory interpretation as they relate to building control legislation.
Notes
Elements and Performance Criteria
1. Distinguish between common law, judicial precedent and legislation.
  • 1.1. Common law in the Australian legal system is analysed and documented.
  • 1.2. Binding and persuasive precedent is analysed and interpreted.
  • 1.3. Relationship between common law and statute law is analysed and documented.
  • 1.4. Delegated legislation and authorities' allocated specific powers are documented.
  • 1.5. Legal practice of reading case law and law updates are appraised and noted.
2. Identify and interpret the court hierarchy and the civil/criminal jurisdictions of each court.
  • 2.1. Civil/criminal court hierarchy is analysed and documented.
  • 2.2. Details of the types of courts for civil/criminal jurisdiction of each court are analysed and documented.
  • 2.3. System of civil/criminal appeals is identified and documented.
  • 2.4. Jurisdiction that the coroner's court has in regulatory practice and its role in legislative reform are identified and documented.
  • 2.5. Role of legal personnel in the court system is identified and documented.
3. Identify and interpret courtroom procedures.
  • 3.1. Court examination procedures are identified and documented.
  • 3.2. Role of a judge and jury in a civil/criminal trial and eligibility to attend for jury service are identified and documented.
  • 3.3. Format of a prosecution brief is identified and documented.
  • 3.4. Appropriate manner of entering in to and departing courts or tribunals is adhered to.
  • 3.5. Appropriate manner of addressing courts or tribunals is adhered to.
  • 3.6. Relevant legal language is applied.
4. Identify types of offences and defences within criminal law.
  • 4.1. Presumption of innocence in a criminal case and the burden of proof are analysed and documented.
  • 4.2. General principles of criminal liability are determined.
  • 4.3. Differences between summary and indictable offences are analysed and documented.
  • 4.4. Types of defences are analysed and documented.
5. Detail types of evidence admissible in a civil/criminal trial.
  • 5.1. Types of evidence are analysed and documented.
  • 5.2. Differences between types of evidence in a court of law are defined and outlined.
  • 5.3. Evidence rules are identified and documented.
6. Identify the rules of statutory interpretation.
  • 6.1. Acts of parliament and subordinate legislation as a source of law are analysed and documented.
  • 6.2. Extrinsic and intrinsic material as they relate to federal, state or territory Interpretation Acts are identified and documented.
  • 6.3. Syntactical presumptions are analysed and documented.
  • 6.4. General approaches to statutory interpretation are identified and analysed.
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.
Australian legal system includes:
Australian common law system
laws applicable to building surveying
professional code of ethics.
Statute law includes:
common law
judicial precedent
legislation.
Types of courts include:
civil and criminal jurisdictions.
Types of evidence include:
admissible and inadmissible evidence
direct
documented
hearsay
oral
real
secondary.
Federal legislation includes:
Disability Discrimination Act.
State or territory legislation includes:
environmental health, planning, OHS and local government by-laws.
Syntactical presumptions include:
ejusdem generis
noscitur a sociis.
Statutory interpretation includes:
golden rule
literal rule
mischief rule.
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
This unit of competency could be assessed in the workplace or a close simulation of the workplace environment, provided that simulated or project-based assessment techniques fully replicate construction workplace conditions, materials, activities, responsibilities and procedures.
Critical aspects for assessment and evidence required to demonstrate competency in this unit
A person who demonstrates competency in this unit must be able to provide evidence of the ability to:
comply with OHS regulations applicable to workplace operations
apply organisational management policies and procedures, including quality assurance requirements where applicable
perform research, interpretation and analysis together with attendance and involvement in at least one civil law case and at least one criminal law case impacting on building control legislation, all in accordance with the professional code of conduct and ethics applicable to building control
provide reports to appropriate body/individual as determined by the project brief.
Context of and specific resources for assessment
This competency is to be assessed using standard and authorised work practices, safety requirements and environmental constraints.
Assessment of essential underpinning knowledge will usually be conducted in an off-site context.
Assessment is to comply with relevant regulatory or Australian standards' requirements.
Resource implications for assessment include:
an induction procedure and requirement
realistic tasks or simulated tasks covering the mandatory task requirements
relevant specifications and work instructions
tools and equipment appropriate to applying safe work practices
support materials appropriate to activity
workplace instructions relating to safe work practices and addressing hazards and emergencies
material safety data sheets
research resources, including industry related systems information.
Reasonable adjustments for people with disabilities must be made to assessment processes where required. This could include access to modified equipment and other physical resources, and the provision of appropriate assessment support.
Method of assessment
Assessment methods must:
satisfy the endorsed Assessment Guidelines of the Construction, Plumbing and Services Training Package
include direct observation of tasks in real or simulated work conditions, with questioning to confirm the ability to consistently identify and correctly interpret the essential underpinning knowledge required for practical application
reinforce the integration of employability skills with workplace tasks and job roles
confirm that competency is verified and able to be transferred to other circumstances and environments.
Validity and sufficiency of evidence requires that:
competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace
where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice, with a decision on competency only taken at the point when the assessor has complete confidence in the person's demonstrated ability and applied knowledge
all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence.
Assessment processes and techniques should as far as is practical take into account the language, literacy and numeracy capacity of the candidate in relation to the competency being assessed.
Supplementary evidence of competency may be obtained from relevant authenticated documentation from third parties, such as existing supervisors, team leaders or specialist training staff.
Replaces
State Code National Code Title Type
W1482 BCGSV6011A Apply legal procedures to building surveying Unit of competency
Replaced By
State Code National Code Title Type
AUX76 CPCCBS6003 Apply legal and ethical requirements to building surveying functions Unit of competency
State Code National Code Title Type
W980 CPP50711 Diploma of Access Consulting Qualification
W618 CPC60108 Advanced Diploma of Building Surveying Qualification