Unit of competency details

CPPDSM4009 - Interpret legislation to complete work in the property industry (Release 1)

Summary

Releases:
ReleaseStatusRelease date
1 1 (this release)Current 06/May/2016

Usage recommendation:
Current
Mapping:
MappingNotesDate
Supersedes and is equivalent to CPPDSM4009B - Interpret legislation to complete agency workReplaces superseded equivalent CPPDSM4009B Interpret legislation to complete agency work. 05/May/2016


Training packages that include this unit

Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 090999 Law, N.e.c.  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 090999 Law, N.e.c.  14/Oct/2016 
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Unit Of competency

Modification History

Release 1.

Replaces superseded equivalent CPPDSM4009B Interpret legislation to complete agency work.

This version first released with CPP Property Services Training Package Version 5.

Application

This unit of competency specifies the outcomes required to source and interpret legislation affecting operations in the property industry. It includes identifying and applying statutory interpretation techniques, identifying and tracking changes to relevant property industry legislation and industry codes of conduct, and maintaining appropriate records.

The unit supports the work of professionals in the property industry, including licensed real estate and stock and station agents, strata managers and their authorised representatives, with regard to identifying, interpreting and applying legislation and industry codes of conduct affecting property operations.

Licensing, legislative, regulatory or certification requirements apply to this unit in some States and Territories. Relevant state and territory regulatory authorities should be consulted to confirm those requirements.

Pre-requisite Unit

Nil

Competency Field

Strata community management

Unit Sector

Property services

Elements and Performance Criteria

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions.

1.

Identify legal principles and legislative requirements affecting property operations.

1.1.

Legal framework  in which property organisations operate is identified.

1.2.

Components of statute law  and their relationships are identified with respect to their application to practice in the property industry.

1.3.

Source documents for legislation and regulations relating to provision of property services are identified and accessed.

2.

Interpret legislative requirements affecting property operations.

2.1.

Structure of property legislation and regulations  are identified.

2.2.

Common interpretation problems  with property legislation and regulations are identified.

2.3.

Rules and techniques for interpreting property legislation and regulations  are identified and applied.

3.

Identify changes to legislation and regulations affecting agency or organisation operations.

3.1.

Processes  that lead to changes in property legislation and regulations are identified.

3.2.

Source documents  for amendment legislation relevant to the provision of agency or organisation services are identified and accessed.

3.3.

Techniques for tracking amendments  to property legislation and regulations are identified and applied.

3.4.

Implications of changes to legislative and regulatory requirements are identified and addressed in line with agency or organisation practice.

3.5.

Strategies for identifying amendments to legislation and regulations are implemented.

3.6.

Changes to legislative and regulatory requirements are communicated to appropriate people .

4.

Comply with relevant industry codes.

4.1.

Industry codes of conduct  are sourced and accessed.

4.2.

Relationship between industry codes of conduct and legislative requirements are identified.

4.3.

Key principles and responsibilities of industry codes of conduct are interpreted and applied to own work.

4.4.

Commitment to complying with industry codes of conduct is demonstrated through own ethical behaviour.

5.

Maintain records of legislation and industry codes.

5.1.

Agency or organisation processes for maintaining records of changes to legislation and industry codes are identified.

5.2.

Records  of changes to legislation and industry codes are maintained.

Foundation Skills

This section describes the language, literacy, numeracy and employment skills essential to performance in this unit but not explicit in the performance criteria.

Skill 

Performance feature 

Learning skills to:

  • maintain current knowledge of legislative requirements and amendments affecting work in the property industry.

Oral communication skills to:

  • ask questions to clarify legislative requirements affecting operations relating to the sale, lease and management of residential property.

Reading skills to:

  • read and extract information from legislation, regulations and code of conduct.

Writing skills to:

  • prepare briefing notes, reports and letters to communicate with other industry professionals about changes to legislation, regulations and code of conduct affecting operations in the property industry.

Technology skills to:

  • use business technology to access complex online databases and other sources of information on legislation relevant to the property industry.

Range of Conditions

This section specifies work environments and conditions that may affect performance. Essential operating conditions that may be present (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) are included. Bold italicised wording, if used in the performance criteria, is detailed below.

Legal framework  must include:

  • common law
  • contract law
  • equity law
  • statute law.

Components of statute law  must include:

  • principal legislation, such as Acts
  • subordinate legislation, such as:
  • approvals
  • determinations
  • mandatory and non-mandatory administrative guidelines
  • orders
  • regulations.

Structure of property legislation and regulations  must 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  must 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 property legislation and regulations  must include:

  • aids to interpreting legislation, including:
  • external: interpretations of legislation, Acts, Hansard/parliamentary papers, legal dictionaries and previous judicial interpretations
  • internal: objectives, legislation to be accessed as a whole, definitions and interpretation sections in legislation, headings, and margin notes
  • 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  must include:

  • government agency approval
  • governor approval
  • minister approval
  • parliament.

Source documents  must include:

  • amendment Acts
  • amendment regulations
  • Bills
  • consolidated or reprinted Acts.

Techniques for tracking amendments  must include:

  • government and industry newsletters and information sessions
  • use of margin notes and tables of amendments.

Appropriate people  must include:

  • agency or organisation principal
  • authorised representatives
  • bookkeepers, accountants and auditors
  • licensed real estate agents
  • property managers
  • sales people.

Industry codes of conduct  must address at least two of the following:

  • ethical behaviour
  • general business operations
  • property sales and management
  • strata community management.

Records  must include at least two of the following:

  • agency administration
  • property management
  • property sales
  • strata scheme administration.

Unit Mapping Information

CPPDSM4009B Interpret legislation to complete agency work

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.education.gov.au/Pages/TrainingDocs.aspx?q=6f3f9672-30e8-4835-b348-205dfcf13d9b

 

Assessment requirements

Modification History

Not applicable.

Performance Evidence

A person demonstrating competency in this unit must satisfy all of the elements, performance criteria, foundation skills and range of conditions of this unit.

The person must also source and interpret legislation affecting operations in the property industry.

The person must demonstrate this performance by sourcing and documenting the latest legislative requirements for three aspects of property operations in either the real estate, stock and station agency, or strata community management sector; and communicating this information in an accessible manner to those engaged in agency or organisation operations.

In doing the above, the person must:

  • apply rules and techniques to interpret legislative provisions affecting operations in the property industry
  • apply techniques to track amendments to legislation in a timely manner
  • apply strategies to communicate legislative requirements and amendments to appropriate people in the agency or organisation in a timely manner
  • identify changes to legislation and industry codes of conduct affecting agency or organisation operations
  • apply general principles of legislation, regulations and industry codes of conduct affecting operations in the property industry
  • maintain accurate and up-to-date records of legislation and industry codes of conduct.

Knowledge Evidence

A person demonstrating competency in this unit must demonstrate knowledge of:

  • codes of conduct relating to property industry operations
  • common problems associated with interpreting legislation
  • principles and purpose of legislation
  • key requirements of federal, and state or territory legislation and local government regulations relating to the property industry:
  • anti-discrimination and equal employment opportunity
  • consumer protection and trade practices
  • employment and industrial relations
  • environment and sustainability
  • financial services
  • leases
  • privacy
  • property sales and management
  • strata community management
  • work health and safety (WHS).

Assessment Conditions

The following must be present and available to learners during assessment activities:

  • equipment:
  • computer system with internet, email, printing facilities, and online access to relevant legislative databases
  • specifications:
  • agency or organisation policies and procedures for storing and retrieving documents
  • guidelines for interpreting property legislation and regulations, and tracking amendments to legislation
  • legislation, regulations and codes of conduct relevant to property industry operations
  • relationship with team members and supervisor:
  • member of a work team in a property industry context.

Assessor requirements 

As a minimum, assessors must satisfy the assessor requirements in the Standards for Registered Training Organisations (RTOs) current at the time of assessment.

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.education.gov.au/Pages/TrainingDocs.aspx?q=6f3f9672-30e8-4835-b348-205dfcf13d9b

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