This unit covers the competency to undertake native title assessments under native title legislation. It includes gathering research information for assessment of public land, liaising with stakeholders, undertaking assessments, and recording and reporting assessment outcomes.
In practice, undertaking native title assessments may overlap with other generalist or specialist public sector work activities such as working ethically, complying with legislation, applying government processes, using resources, gathering and analysing information, working with diversity.
No licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication
You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)
Prerequisites
Not applicable.
Employability Skills
This unit contains employability skills.
Evidence Required
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.
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package.
Units to be assessed together
Pre-requisite units that must be achieved prior to this unit:Nil
Co-requisite units that must be assessed with this unit:Nil
Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:
PSPETHC401A Uphold and support the values and principles of public service
PSPGOV403B Use resources to achieve work unit goals
PSPLEGN401A Encourage compliance with legislation in the public sector
Overview of evidence requirements
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
the knowledge requirements of this unit
the skill requirements of this unit
application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)
native title assessment undertaken in a range of (3 or more) contexts (or occasions, over time)
Resources required to carry out assessment
These resources include:
legislation, policy, procedures and protocols relating to native title assessment
case studies and workplace scenarios to capture the range of situations likely to be encountered when undertaking native title assessments
Where and how to assess evidence
Valid assessment of this unit requires:
a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when undertaking native title assessments, including coping with difficulties, irregularities and breakdowns in routine
native title assessment undertaken in a range of (3 or more) contexts (or occasions, over time)
Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:
people with disabilities
people from culturally and linguistically diverse backgrounds
Aboriginal and Torres Strait Islander people
women
young people
older people
people in rural and remote locations
Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:
case studies
demonstration
portfolios
questioning
scenarios
simulation or role plays
authenticated evidence from the workplace and/or training courses
For consistency of assessment
Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments
Submission Requirements
List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here
Assessment task 1: [title] Due date:
(add new lines for each of the assessment tasks)
Assessment Tasks
Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.
This section describes the essential skills and knowledge and their level, required for this unit.
Skill requirements
Look for evidence that confirms skills in:
finding information in systems, databases and other sources
researching data repositories such as libraries, archives, etc
interpreting legislation, instruments and organisational procedures
assessing issues and making reasoned judgments about facts
writing reports requiring formality of language and structure; setting out facts in logical sequence; that are concise, but sufficiently detailed to meet assessment purpose
consulting with Indigenous people and expert advisers
responding to diversity, including gender and disability
applying public sector legislation such as occupational health and safety, environment, anti-discrimination and diversity in the context of native title assessments
Knowledge requirements
Look for evidence that confirms knowledge and understanding of:
legislation, policies and procedures relating to Crown/State land and native title
land tenure and land status
land information systems
cultural and heritage factors that might affect land use
Aboriginal customs and culture related to native title assessment
sources of historical records and ways to access them
public sector legislation including occupational health and safety and environment in the context of native title assessments
The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here.
Purpose of native title assessment may include:
claim management
future act regime
proposed dealing with public land
Data sources may include:
archives
cancelled maps
cancelled public plans
central or regional government offices
central plan (survey) registries
correspondence files
Crown allotments
Crown leases
Crown surveys
databases
deeds registers
departmental systems
files
gazettes
information storage
land titles office/s
legal precedents
Local Government council offices
maps
newspapers
public libraries or other public institutions
public registers including those maintained by academic institutions
reserve plans
resumption plans
State/Territory and Federal Government registers
Land records may include:
aerial photography
cadastral records, current and historic
certified plans
correspondence
Crown grants
deeds
electronic records
field reports
file records, current and archived
freehold certificates of title
government gazette notices
government infrastructure records
historical records
historical survey data
land accounts
leasehold titles
legislation and executive orders
municipal building approvals
original plans
plans
records of land transfer or tenure
reserve development plans
tenure cards
tenure documents
titles
Land records may be held:
spatially
digitally
microfiched
electronically
in original hard copy format
Best practice requirements may include:
quality client service
quality system documentation
Evidence may include:
application material
cadastral records
government gazettes
aerial photography
maps
development plans
Legislation, policy and procedures may include:
legislation related to Crown land, State land or public land administration
public sector legislation such as equal employment opportunity, anti-discrimination, diversity, occupational health and safety, environment and sustainability
privacy legislation and freedom of information
public sector standards
organisational standards
quality standards
jurisdictional and organisational code/s of practice and code/s of ethics
Stakeholders may include:
traditional owners
native title applicants
legal representatives
Aboriginal people with an interest in an area
representative bodies
State governments
private developers
national Native Title Tribunal
community interest groups
Local Governments
Expert advice may be obtained from:
national Native Title Tribunal
State indigenous land services
land boards
source/s of advice on Aboriginal heritage issues
other expert sources
Native title legislation may include:
Commonwealth Native Title Act 1993
regulations
Wik amendments to the Native Title Act 1993
Assessment may:
vary in complexity, for example, unallocated Crown land compared to land where there has been a grant of exclusive tenure
Reports may be:
extinguishment reports
Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.
Observation Checklist
Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice
Yes
No
Comments/feedback
The purpose of the assessment is identified to determine the type and range of data required
Land is identified, data sources are identified and all available land records related to the area are gathered in accordance with organisational and best practice requirements
Evidence is obtained from current records to establish the status of the land
Past use of the land is investigated from historical records and a land use history is compiled
Tenure history investigation is carried out and a tenure history report is compiled
Information gathered is checked for accuracy and relevance, corroborated if necessary and interpreted to provide evidence for native title assessment report/s in accordance with legislation, policy and procedures
A wide range of stakeholders is consulted in accordance with legislation, policy and procedures
Expert advice is obtained as required in accordance with organisational procedures
Analysis is undertaken of the degree to which native title rights and interests may have been affected by land use and tenure
Evidence is analysed to determine what extinguishment exists over the land in accordance with native title legislation, government instructions and guidelines
Decisions and recommendations are made in accordance with evidence
Assessment is undertaken in accordance with legislation, policy and procedures
A native title assessment report is prepared that is accurate, concise and sufficiently detailed to facilitate future act proposals or to assist in native title claim management
Assessment outcomes are recorded in accordance with organisational policy and procedures
Reasons for decisions/recommendations are provided in the report, are soundly based and supported by the evidence
Information systems are updated to reflect information necessary to allow for future informed decisions to be made
The purpose of the assessment is identified to determine the type and range of data required.
Land is identified, data sources are identified and all available land records related to the area are gathered in accordance with organisational and best practice requirements.
Evidence is obtained from current records to establish the status of the land.
Past use of the land is investigated from historical records and a land use history is compiled.
Tenure history investigation is carried out and a tenure history report is compiled.
Information gathered is checked for accuracy and relevance, corroborated if necessary and interpreted to provide evidence for native title assessment report/s in accordance with legislation, policy and procedures.
A wide range of stakeholders is consulted in accordance with legislation, policy and procedures.
Expert advice is obtained as required in accordance with organisational procedures.
Analysis is undertaken of the degree to which native title rights and interests may have been affected by land use and tenure.
Evidence is analysed to determine what extinguishment exists over the land in accordance with native title legislation, government instructions and guidelines.
Decisions and recommendations are made in accordance with evidence.
Assessment is undertaken in accordance with legislation, policy and procedures.
A native title assessment report is prepared that is accurate, concise and sufficiently detailed to facilitate future act proposals or to assist in native title claim management.
Assessment outcomes are recorded in accordance with organisational policy and procedures.
Reasons for decisions/recommendations are provided in the report, are soundly based and supported by the evidence.
Information systems are updated to reflect information necessary to allow for future informed decisions to be made.
Forms
Assessment Cover Sheet
PSPLAND402A - Undertake native title assessments
Assessment task 1: [title]
Student name:
Student ID:
I declare that the assessment tasks submitted for this unit are my own work.
Student signature:
Result: Competent Not yet competent
Feedback to student
Assessor name:
Signature:
Date:
Assessment Record Sheet
PSPLAND402A - Undertake native title assessments
Student name:
Student ID:
Assessment task 1: [title] Result: Competent Not yet competent
(add lines for each task)
Feedback to student:
Overall assessment result: Competent Not yet competent