Unit of competency Outline

Date retreived
22/07/2026 8:24 PM AWST

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Develop agreements with native title holders/traditional owners

Develop agreements with native title holders/traditional owners

Unit of competency
National Code
LGALAND503A
State Code
C1989
TGA Status
Deleted
DTWD Status
Deleted
Current Release Number
2.00
Current Release Date
11/09/2012
State Implementation and Classification
Approved Date
01/11/2012
Field of Education
091103 - Legal Studies
Original Release Date
01/11/2012
Nominal Hours
30
Description
This unit covers developing agreements with traditional owners about native title and other matters of mutual concern.
Notes
Elements and Performance Criteria
1 Conduct background research to identify traditional owners
  • 1.1 Protocols for consultation with Aboriginal or Torres Strait Islander people are researched and documented.
  • 1.2 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).
  • 1.3 Expert advice is sought where appropriate.
2 Identify key stakeholders
  • 2.1 NNTT is consulted about the requirements for registering an Indigenous land use agreement (ILUA).
  • 2.2 Other stakeholders or potential parties to the agreement are identified through consultation with relevant government agencies.
  • 2.3 Other Indigenous people with interests are identified.
  • 2.4 Meetings are held with traditional owners to establish rapport and credibility.
3 Negotiate with traditional owners
  • 3.1 The range of issues to be addressed through an agreement is clarified with council.
  • 3.2 Highly desirable, unacceptable, or possible trade-off positions on each issue are identified for discussion with the traditional owners.
  • 3.3 The scope of the negotiations is identified and agreed with traditional owners.
  • 3.4 Culturally appropriate protocols for negotiations are established.
  • 3.5 Levels of confidentiality and liaison with the media are agreed.
  • 3.6 Processes and timing for consultation with the wider community are agreed.
  • 3.7 Arrangements for liaison with the media are agreed.
  • 3.8 Negotiations are appropriately managed and focussed on mutual outcomes.
  • 3.9 Agreement is reached through negotiation and terms and conditions of agreement are drafted.
4 Register the agreement
  • 4.1 Expert advice is sought on the draft terms and conditions of the agreement.
  • 4.2 Draft terms and conditions of the agreement are documented.
  • 4.3 NNTT is consulted about requirements prior to lodging an ILUA registration.
  • 4.4 Application for registration is lodged with appropriate agencies and any queries or additional requirements are satisfied.
  • 4.5 The agreement is registered.
  • 4.6 Arrangements are established for implementation and fulfilment of commitments detailed in the agreement.
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
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.
No information