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.
Legal framework may include:
common law
contract law
equity law
statute law.
Components of statute law may include:
principal legislation, such as Acts
subordinate legislation, such as:
approvals
determinations
mandatory and non-mandatory administrative guidelines
orders
regulations.
Legislation and regulations 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 and zoning laws affecting:
access security
access and property use
energy efficiency
financial services
leases
OHS
privacy
property sales and management.
Structureof real estate legislation and regulations may include:
endnotes, including:
explanatory notes
index
table of amendments
section headings, margin notes and clause notes
parts, sections, subsections, paragraphs, regulations, sub-regulations and clauses
types of provisions, including:
approvals
deeming provisions
definitions and interpretations
general penalties
objectives
offences
prescribed arrangements relating to regulations and orders.
Common interpretation problems may include:
ambiguous words
broad phrases
need for words to be implied
printing and drafting errors
unforeseen developments, such as changes in technology or practice.
Rules and techniques for interpreting real estate legislation and regulations may include:
aids to the interpretation of legislation, including:
external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and judicial interpretations - precedent
internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, margin notes and punctuation
language conventions and expressions, including:
and, or
gender
hierarchy
includes
may, should and must
reading rules, including:
context
golden
literal

mischief
purposive
express mention of one thing to the exclusion of another
words interpreted through their connection with other words
words with the same meaning.
Processes may include:
government agency approval
governor approval
minister approval
parliament.
Source documents may include:
amendment Acts
amendment regulations
Bills
consolidated or reprinted Acts.
Techniques for tracking amendments may include:
government and industry newsletters and information sessions
use of margin notes and tables of amendments.
Appropriate people may include:
agency principal
authorised representatives
bookkeepers, accountants and auditors
licensed real estate agents
property managers
sales people.
Industry codesof conduct may relate to:
ethical behaviour
general business operations
property sales and management.
Relevant records may relate to:
agency administration
property management
property sales.

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 applying legal principles, legislative and regulatory requirements and codes of practice to real estate operations. 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:
applying rules and techniques to interpret appropriately legislative provisions affecting real estate operations
applying techniques to track amendments to legislation in a timely manner
applying strategies to communicating legislative requirements and amendments to appropriate people in the agency in a timely manner
identifying changes to legislation and industry codes of conduct affecting agency operations
knowledge of general principles of legislation, regulations and industry codes of conduct affecting real estate operations
maintaining appropriate and up-to-date records of legislation and industry codes of conduct.
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.