Modification History
Not Applicable
Unit Descriptor
Unit descriptor |
This unit of competency specifies the outcomes required to research, interpret and apply building control legislation for use in building surveying activities relating to domestic scale buildings and structures. It includes the evaluation of the Australian common law system and the various sources of law applicable to building surveying activities and the identification and application of the professional code of ethics required for the assessment and inspection of buildings. |
Application of the Unit
Application of the unit |
This unit of competency supports the attainment of the understanding and skills to apply building control legislation to building surveying within the context of common law, relevant legislation, the Building Code of Australia (BCA) and Australian standards. |
Licensing/Regulatory Information
Not Applicable
Pre-Requisites
Prerequisite units |
Nil |
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Employability Skills Information
Employability skills |
This unit contains employability skills. |
Elements and Performance Criteria Pre-Content
Elements describe the essential outcomes of a unit of competency. |
Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1. Analyse the Australian administrative legal system. |
1.1. Differences between Australian common law , statute law, delegated legislation and local government law are analysed and documented. 1.2. Civil law and examples of civil action relevant to building control legislation are identified and analysed. 1.3. Administrative law relevant to building control is determined and interpreted. |
2. Evaluate administrative law applicable to building control activities. |
2.1. Individual elements of judicial review legislation are evaluated and documented. 2.2. Natural justice is identified and evaluated as it relates to decision making through the building control process. |
3. Analyse the procedures and benefits of enforcing the law. |
3.1. Legislative benefits and examples from building control enforcement are investigated and documented. 3.2. Major regulatory enforcement strategies are identified and recorded. 3.3. Powers of entry are identified and analysed. 3.4. Warrants and legal considerations in obtaining a warrant are identified and documented. 3.5. Types of evidence and the gathering of evidence for the purposes of investigating and proving a breach of legislation are identified and documented. 3.6. Offences are identified and the process for drafting and issuing a notice is evaluated and documented. |
4. Analyse the impact of other legislation on state and territory building and development control legislation. |
4.1. Implications of federal legislation on state and territory building and development control legislation are examined and documented. 4.2. Implications of other state and territory legislation on building and development control legislation are examined and documented. |
5. Analyse the professional code of conduct and ethics applicable to building control. |
5.1. Concepts regarding conflict of interest as specified by relevant legislation are identified and recorded. 5.2. Concepts regarding duty of care as it relates to common law are evaluated and documented. |
6. Analyse the concepts of liability and responsibility of building practitioners as detailed in legislation. |
6.1. Liability of building practitioners as specified by relevant legislation is evaluated and documented. 6.2. Responsibilities and statutory duties of building practitioners as specified by relevant legislation are evaluated and documented. |
Required Skills and Knowledge
REQUIRED SKILLS AND KNOWLEDGE |
This section describes the skills and knowledge required for this unit. |
Required skills |
Required skills for this unit are:
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Required knowledge |
Required knowledge for this unit is:
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Evidence Guide
EVIDENCE GUIDE |
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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. |
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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:
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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:
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:
Validity and sufficiency of evidence requires that:
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. |
Range Statement
RANGE STATEMENT |
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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. |
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Australian common law includes: |
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Building control legislation includes: |
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Evidence includes: |
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Federal legislation includes: |
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State and territory legislation includes: |
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Unit Sector(s)
Unit sector |
Construction |
Co-requisite units
Co-requisite units |
Nil |
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Functional area
Functional area |