Unit of competency details

Elements describe the essential outcomes of a Unit of Competency

Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised  text is used, further information is detailed in the Range Statement. Assessment of performance is to be consistent with the Evidence Guide.

ELEMENT 

PERFORMANCE CRITERIA 

1 Conduct background research on the native title system 

1.1 The native title system established under commonwealth legislation is researched. 

1.2 The role and function of relevant agencies are identified.

1.3 The system for considering native title determination applications is identified.

1.4 The steps involved in responding to a native title determination application are identified.

2 Develop a strategy for integrating native title considerations into council decision making 

2.1 The areas where native title is likely to continue to exist are identified.

2.2 Expert advice is sought as required.

2.3 Relevant agencies  and native title holders/registered claimants are consulted.

2.4 The range of options for council to adopt a precautionary approach  to native title matters is assessed.

2.5 Appropriate strategies and actions  are developed.

2.6 Meetings with relevant council officers are held to discuss implications of adopting a precautionary approach.

2.7 Council procedures, practices and documentation  reflect a precautionary approach.

2.8 Relevant stakeholders are informed.

3 Respond to a native title application 

3.1 Options for responding to an application of a determination of native title are identified.

3.2 Expert advice is sought as required.

3.3 Relevant agencies are consulted.

3.4 Discussions are held with native title applicants to clarify issues of concern to local government.

3.5 Advice is prepared for council with recommendations for an appropriate course of action.

This describes the essential skills and knowledge and their level, required for this unit

Required Skills 

• oral and written communication
• research
• evaluation
• decision making
• consultation
• mediation
• negotiation

Required Knowledge 

• origins and concepts of native title
• Australian land tenure system
• relevant commonwealth and state or territory legislation
• primary cases on native title
• Aboriginal and Torres Strait Islander laws and customs
• system for considering native title applications
• processes for mediation and litigation in native title matters
• advice of local government peak bodies on native title
• relevant agencies
• cultural context
• location and resources
• legal requirements
• organisational policies, procedures and processes

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 research into the native title system to identify the concepts of native title and the relationship between the Australian land tenure system and native title
• develop a strategy for integrating native title considerations into council decision making
• respond to a native title application and prepare advice for council

Context of assessment 

Competency is demonstrated by the 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 the 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 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.

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.

Research  may include:

• Australian land tenure system
• commonwealth and state legislation
• primary legal cases on native title
• Aboriginal and Torres Strait Islander law and custom
• advice and information prepared by local government peak bodies
• case studies from other council experiences

Relevant agencies  may include:

• the federal court of Australia
• the National Native Title Tribunal
• the relevant native title representative body
• the claimant community and/or its legal representative
• the state government

The range of options for council to adopt  may include:

• mediation
• agreements
• litigation

A precautionary approach  may include:

• investigating the extent of council's liability
• minimising the risks associated with native title matters
• acting in accordance with the principles of good governance as contained in state legislation
• seeking mediated outcomes in order to avoid costly litigation

Appropriate strategies and actions  may include:

• developing agreements with the native title holders/applicants

Council procedures, practices and documentation  may include:

• a registered agreement with native title holders/applicants
• a policy document setting out council's approach to native title matters