Assessment Requirements for CPPREP4003 Access and interpret legislation in real estate

Release: 1

Assessment Requirements for CPPREP4003 Access and interpret legislation in real estate

Modification History

Release 1	This version first released with CPP Property Services Training Package Release 8.0. Supersedes and is equivalent to CPPDSM4002A Apply knowledge of state or territory legislative and regulatory framework to complete agency work. Updated to the Standards for Training Packages.

Performance Evidence

To demonstrate competency in this unit, a person must:

access and analyse at least two pieces of legislation that apply to real estate in the state or territory of operation and provide a report to include:

full titles of legislation

the purpose of each of the pieces of chosen legislation

the key components of the pieces of chosen legislation

two breaches specified within the legislation and the penalties for each breach

how to identify the currency of the chosen legislation

explain the process for addressing discrepancies in the application of legislation for personal or agency practice.

In doing this, the person must meet the performance criteria for this unit.

Knowledge Evidence

To be competent in this unit, a person must demonstrate knowledge of:

sources of legislation applying to real estate operations in the state or territory of operation

legal framework in Australia and the state or territory of operation:

common law

contract law

equity law

statute law

key components of legislation:

Acts

regulations

amendments

mandatory codes of practice

schedules

appendices

structure of legislation:

long title

short title

commencement

application

contents

definitions

headings

parts

divisions and subdivisions

clauses and subclauses

schedules and appendices

legislation relevant to real estate in the state or territory of operation and roles, including Commonwealth and state or territory legislation:

real estate agents, licensing and conduct

property sales and management

privacy

fair trading and consumer protection

anti-discrimination and equal opportunity

work health and safety/occupational health and safety

environmental (sustainability)

employment and industrial relations

planning and zoning

foreign investment

secret commissions

interrelationship between pieces of legislation

key principles for reading and interpreting legislation:

aids to interpret legislation:

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:

and/or

gender

hierarchy

includes

may, should and must

reading rules:

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

regulators relevant to real estate in the state or territory of operation and their role

breaches of legislation and penalties in the state or territory of operation

value of penalty units in the state or territory of operation

relationship between real estate codes of practice and codes of conduct and legislation applying to real estate operations

responsibility of persons working in real estate to maintain current knowledge of legislation

techniques to identify and track changes to legislation, including point-in-time versions and current versions

sources of advice about legislation applying to real estate in the state or territory of operation

processes to respond to concerns, conflicts and discrepancies relating to applying legislation to real estate activities in the state or territory of operation

communication strategies for responding to client complaints.

Assessment Conditions

Assessors must satisfy the requirements for assessors listed in the Standards for Registered Training Organisations.

Assessment must be conducted in the workplace or in a simulated workplace environment.

Assessors are responsible for ensuring that the person demonstrating competency has access to:

online databases for legislation relevant to real estate in the state or territory of operation

websites and online databases for regulators relevant to real estate activities in the state or territory of operation

current legislation and legislation guidance material relevant to real estate in the state or territory of operation, including legislation for consumer protection.

Links

Companion volumes to this training package are available at the VETNet website - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=6f3f9672-30e8-4835-b348-205dfcf13d9b