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.
An individual demonstrating competency must satisfy all of the elements and performance criteria in this unit.
There must be evidence that the individual has, on at least two occasions, provided consultation in a legal framework, including:
determined legislation and cases applying to trees within specialist consulting areas of work
reviewed and analysed legislation, statutory regulations and planning instruments
applied legal and ethical standards to professional practice
recognised and used legal terminology in professional practice
analysed jurisdiction of tree matters to specific cases
recognised the legal framework and courts system when managing client legal needs
sought and reviewed precedents in law and published arboriculture related case studies
determined statutes and supporting precedent cases
provided arboricultural information based on the legal context
determined course of action and discussed with client
provided advice within the context of statutes and precedent cases
analysed and reviewed policy documents according to legislation and relevant cases
prepared policy documents based on legislation and relevant cases
determined areas of uncertainty in policy documents
sought legal advice and amended policy documents
identified gaps in own arboriculture knowledge and developed and implemented professional development for improvements
implemented statutory framework when providing advice as an expert
ensured observations and test results were recorded with precision
declared and clarified assumptions underpinning policy documents
substantiated reported opinions using external authorities
prepared and provided a detailed evidentiary report
confirmed status as provider of expert evidence
read and complied with expert witness code of practice
prepared presentation of evidence based on factual data, documented observations and results and complied with the rules of evidence
delivered oral evidence and report to court according to legal proceedings, jurisdiction and client requirements
assisted the court on matters relevant to expert testimony.
An individual must be able to demonstrate the knowledge required to perform the tasks outlined in the elements and performance criteria of this unit. This includes knowledge of:
legislation, statutory regulations, including planning instruments in state, territory and federal jurisdictions affecting the arboriculture industry, including:
environmental planning and management
interactions with people and property
court systems including common law, statute law, civil law, law of torts
precedents to strategies
management of client needs
professional practice and legal and ethical standards, including:
processes and practices of preparing and presenting in court
responsibilities and constraints of legal presentations
developing areas of expertise
precedents in law and working with published case studies for arboriculture testimony
accessing and developing professional and arboricultural knowledge, including:
benefits of accessing legal and arboricultural professional bodies
accessing and studying legal cases
maintaining professional standards
building and developing expertise and specialised arboriculture knowledge
legal terms associated with professional practice in arboriculture, their meaning and common use in discourse
preparation of policy documents based on legislation and relevant cases
preparation of detailed evidentiary reports
oral presentation skills and presenting in court.
Assessment of the skills in this unit of competency must take place under the following conditions:
physical conditions:
courts and court system used for arboriculture cases, or an environment that accurately represents workplace conditions
resources, equipment and materials:
computer
word processing software
specifications:
procedures and processes used in the courts system
court case studies related to arboriculture
relationships
client.
Assessors of this unit must satisfy the requirements for assessors in applicable vocational education and training legislation, frameworks and/or standards. In particular, assessors must have:
arboriculture vocational competencies at least to the level being assessed
current arboriculture industry skills directly relevant to the unit of competency being assessed.