Elements and Performance Criteria

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

Which relevant laws, regulations and policies may be included in this standard?
Native title legislation that applies to own specific area, nature conservation act/s, fishing, gaming acts, national park (land and sea) acts, wildlife protection acts, heritage protection acts and other specific environmental laws.

What sorts of interpretive materials may be relevant?
Materials produced by relevant government agencies to describe the legislation, materials produced as part of the in-service training of staff that describe the legislation and its enforcement and discussions with legal and/or other qualified personnel in government agencies, land councils and other bodies involved in environmental work.

What conflicts between, and opportunities for use of, the different laws, regulations and policies may be included?
Inconsistencies between legislative scope, intent and regulations across the different levels of government, gaps in the powers of enforcement of legislation and associated by-laws across the different levels of legislation and gaps in the coverage of different legislation.

What are the appropriate formats used in this standard?
Spoken word in first language, spoken word in plain English, written technical reports and drawings and pictures conveyed in meetings, site visits, workshops and one-to-one discussions.

What conflicts between, and opportunities for use of, the different laws, regulations and policies and the application of customary law may be included?
Inconsistencies between legislative scope, intent and regulations across the different levels of government and those provided for under customary law, gaps in the powers of enforcement of legislation and associated by-laws across the different levels of legislation and those provided for in customary law and gaps in the coverage of different legislation and the coverage of customary law in these areas, which may relate to rights for hunting and fishing, rights of access to country, quota or permit systems, totem or dreaming species and medicine or bush foods use and management.

What are the available alternatives that may be considered?
Land acquisition using native title, land acquisition using other means, legislative change and reform processes and negotiated outcomes including co-existence agreements, heads of agreements, land use strategy agreements, sea use strategy agreements, contracts with government and joint management agreements.

What are the processes that can be used to implement alternatives?
Land Councils working on behalf of people, direct consultation processes, direct participative processes, submissions to Indigenous Land Corporation, direct negotiations with land and/or leaseholders and direct negotiation with governments.

What evidence is required to demonstrate competence for this standard as a whole?
Competence in contributing to the proposal for a negotiated outcome for a given area of country requires evidence that a proposal has been prepared with documented contributions covering areas outlined in the above performance criteria according to community protocols. The skills and knowledge required to contribute to the proposal for 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, outcomes and proposal 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:

Cultural customs and heritage.
Relevant State land and sea resources acts/legislation.
Relevant Local Government land and sea resources acts/legislation.
Relevant Commonwealth land and sea resources acts/legislation.
Community organisations.
Roles of different organisations in land and sea management.
The existence of alternative forms of input and control in land and sea management.
The existence of legislative reform processes.

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:

Gather information to support the proposal for a negotiated outcome for a given area of land.
Contribute to the development of the proposal.
Provide feedback on the development of proposal.

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 contributing verbally and in writing to the proposal for a negotiated outcome for a given area of country with appropriate people and others. (2)

Collecting analysing and organising information
Contributing to the proposal for a negotiated outcome for a given area of country will require detailed information to be gathered from a wide variety of sources and analysed and organised for others. (2)

Planning and organising activities
Contributing to the proposal for a negotiated outcome for a given area of country requires some limited planning and organising. (2)

Working with others and in teams
Contributing to the proposal for 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 required. (0)

Solving problems
While contributing to the proposal for a negotiated outcome for a given area of country technical and organisational problems may arise requiring innovative solutions. (2)

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