Elements and Performance Criteria

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 in the performance criteria is detailed below. Add any 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.
Assisting professionals may include:
accountants
advocates
auditors
building and property consultants
solicitors.
Legislative requirements may include:
relevant federal, and state or territory legislation and local government regulations relating to:
anti-discrimination and equal employment opportunity
consumer protection, fair trading and trade practices
employment and industrial relations
environmental issues
financial services
franchises and business structure
leases
OHS
privacy
property sales and management.
Purpose and role of conciliation gives the parties:
chance to settle a matter on their terms
opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation.
Evidence is:
descriptive
devoid of assumptions or judgemental statements
represents details and facts of the evidence that are pertinent to the case.
Examination of witnesses may involve:
cross-examination of respondent witnesses
questioning of own witnesses
re-examination of own or respondent witnesses.
Pre and post-tribunal briefings and debriefings may include:
details of the case
outcomes and consequences of tribunal decisions
presentation of evidence
rules of evidence
tribunal protocol.

EVIDENCE GUIDE
The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, the range statement and the Assessment Guidelines for this Training Package.
Overview of assessment
This unit of competency could be assessed through case studies and practical demonstration of preparing and presenting a case at a tribunal. Targeted written (including alternative formats where necessary) or verbal questioning to assess the candidate's underpinning knowledge would provide additional supporting evidence of competence. The demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.
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:
acting as a witness at a tribunal
knowledge of the role and jurisdiction of tribunals and courts that hear matters relating to real estate operations
participating in conciliation processes for grievances and disputes
preparing a case for a tribunal
preparing and lodging applications for a tribunal
presenting a case at a tribunal.
Context of and specific resources for assessment
Resource implications for assessment include:
access to suitable simulated or real opportunities and resources to demonstrate competence
assessment instruments that may include personal planner and assessment record book
access to a registered provider of assessment services.
Where applicable, physical resources should include equipment modified for people with disabilities.
Access must be provided to appropriate learning and/or assessment support when required.
Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.
Validity and sufficiency of evidence require 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 of competence only taken at the point when the assessor has complete confidence in the person's competence
all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence
where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time
assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.
In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.