List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.
Element | Performance criteria |
Elements describe the essential outcomes. | Performance criteria describe the performance needed to demonstrate achievement of the element. |
1. Analyse the legal context | 1.1 Determine legislation and relevant cases applying to trees within specialist consulting areas of work 1.2 Review and analyse the relevantlegislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry 1.3 Apply detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice 1.4 Use common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications |
2. Analyse precedent cases to determine advice outcomes | 2.1 Analyse the jurisdiction of tree matters relevant to specific cases 2.2 Apply knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs 2.3 Seek and review relevant precedents in law and published case studies 2.4 Determine appropriate statutes and supporting precedent cases 2.5 Provide arboricultural information based on the legal context 2.6 Determine alternative courses of action, and legal and non-legal consequences, and discuss with client 2.7 Provide advice within the context of statutes and precedent cases |
3. Reviewing developing and applying policy knowledge | 3.1 Analyse and review policy documents in light of legislation and relevant cases 3.2 Prepare policy documents based on legislation and relevant cases 3.3 Determine areas of uncertainty in policy documents 3.4 Seek appropriate legal advice |
4. Prepare expert report | 4.1 Developexpertise and specialisedknowledge in arboriculture 4.2 Follow statutory framework to give advice and work as an expert 4.3 Complete mandatory court requirements of specifications for content of expert reports 4.4 Record all observations and test results with precision 4.5 State assumptions underpinning policy documents 4.6 Substantiate all opinions using external authorities where possible 4.7 Prepare and provide a detailed evidentiary expert report |
5. Provide expert evidence | 5.1 Confirm status as independent and unbiased provider of expert evidence consistent with professional practice 5.2 Read and comply with expert witness code of conduct 5.3 Prepare for the particular jurisdiction and matter at hand 5.4 Prepare evidence based on factual data, documented observations and results and complying with the rules of evidence 5.5 Provide oral evidence and documented report as required 5.6 Assist the court impartially on matters relevant to the expert witness's area of expertise 5.7 Seek and provide clarification on areas of uncertainty |
The candidate must be assessed on their ability to integrate and apply the performance requirements of this unit in a workplace setting. Performance must be demonstrated consistently over time and in a suitable range of contexts.
The candidate must provide evidence for and demonstrate:
determining legislation and relevant cases applying to trees within specialist consulting areas of work
reviewing and analysing the relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry
applying detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice
using common legal terms associated within the consultant’s area of practice with a clear understanding of their meaning and implications
analysing the jurisdiction of tree matters relevant to specific cases
applying knowledge of relevant court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs
seeking and reviewing relevant precedents in law and review published case studies
determining appropriate statutes and supporting precedent cases
providing arboricultural information based on the legal context
determining alternative courses of action, and legal and non-legal consequences, and discuss with client
providing advice within the context of statutes and precedent cases
analyzing and reviewing policy documents in light of legislation and relevant cases
preparing policy documents based on legislation and relevant cases
determining areas of uncertainty in policy documents
seeking appropriate legal advice
developing expertise and specialised knowledge in arboriculture
following statutory framework to give advice as an expert
confirming status as independent and unbiased provider of expert evidence within witness code of conduct programs
recording all observations and test results with precision
stating assumptions underpinning policy documents
substantiating opinions using external authorities where possible
preparing and providing a detailed evidentiary report
preparing for the particular jurisdiction and matter at hand
preparing evidence based on factual data, documented observations and results and complying with the rules of evidence
providing oral evidence and respond to questions impartially
seeking and providing clarification on areas of uncertainty.
The candidate must demonstrate knowledge of:
relevant legislation, statutory regulations, environmental planning instruments in state, territory and federal jurisdictions in relation to entities pertaining to trees and interactions with people, property, environment and the arboriculture industry
court systems, common law, statute law, civil law, law of torts, and precedents to strategies and management of client needs
detailed knowledge of legal and ethical standards, processes and practices, responsibilities, constraints and issues relating to own professional practice
relevant precedents in law and published case studies
arboricultural information based on the legal context
expertise and specialised knowledge in arboriculture
common legal terms associated with within the consultants area of practice with a clear understanding of their meaning and implications
preparation of policy documents based on legislation and relevant cases
preparation of detailed evidentiary reports.
Assessment must be demonstrated consistently over time in a suitable range of contexts and have a productivity-based outcome. No single assessment event or report is sufficient to achieve competency in this unit.
Assessment may be conducted in a simulated or real work environment, however determination of competency requires the application of work practices under work conditions.
The mandatory equipment and materials used to gather evidence for assessment include:
equipment:
computer
word processing software
internet connection
materials:
expert witness report
glossary of legal terminology
Assessors must satisfy current standards for RTOs in the assessment of arboriculture units of competency.
Assessment must be conducted only by persons who have:
arboriculture vocational competencies at least to the level being assessed
current arboriculture industry skills directly relevant to the unit of competency being assessed