Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

AHCARB610 Mapping and Delivery Guide
Provide consultation in a legal framework

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency AHCARB610 - Provide consultation in a legal framework
Description
Employability Skills
Learning Outcomes and Application This unit of competency describes the skills and knowledge required to provide arboricultural consultation in a legal framework, including the analysis of cases and their outcomes, reviewing policies and preparing for and contributing to legal proceedings.The unit applies to individuals with a broad theoretical and technical knowledge of the legal implications of arboriculture. They have a broad range of cognitive, technical and communication skills and demonstrate autonomy and judgement for a defined area of responsibility, undertaking complex work with broad parameters to provide specialist advice and functions. No licensing, legislative or certification requirements apply to this unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

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.
Prerequisites/co-requisites
Competency Field
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Analyse the legal context
  • Determine legislation and legal cases for area of arboricultural specialisation
  • Review and analyse state, territory and federal legislation, regulations and planning instruments pertaining to arboriculture
  • Apply legal and ethical standards to professional practice
  • Recognise and use legal terminology relevant to professional practice in arboriculture
       
Element: Analyse precedent cases to determine advice outcomes
  • Analyse the jurisdiction of tree matters for specific cases
  • Recognise the legal framework and court system when preparing and implementing strategies for management of client legal needs
  • Seek and review precedents in law and published case studies for arboriculture related cases
  • Determine appropriate statutes and supporting precedent cases
  • Extract arboricultural information from case studies based on the legal context
  • Develop a course of action and discuss consequences with client
  • Provide advice within context of statutes and precedent cases
       
Element: Review, develop and apply policies
  • Analyse and review policy documents according to legislation and relevant cases
  • Prepare policy documents based on legislation and relevant cases
  • Determine areas of uncertain legal outcomes in policy documents
  • Seek legal advice and amend policy documents to comply with advice
  • Identify additional research and supporting documentation required for matter under investigation
  • Follow statutory framework to give advice and work as an expert
  • Ensure all available observations and test results are recorded with precision in expert reports
  • Declare assumptions underpinning any discussion in report
  • Substantiate reported opinion with external authorities according to availability and case requirements
  • Prepare and provide a detailed evidentiary expert report according to client brief and statutory requirements
       
Element: Provide expert evidence
  • Determine any matter or conflict of interest that may impact on ability to provide impartial evidence
  • Read and comply with statutory requirements for an expert witness
  • Prepare presentation of evidence based on factual data, documented observations and results according to rules of evidence in legal proceedings
  • Deliver oral evidence and report according to legal proceedings, jurisdiction and client requirements
  • Assist the court on matters relevant to expert witness testimony and area of expertise
       


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.

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.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, 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.
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
Determine legislation and legal cases for area of arboricultural specialisation 
Review and analyse state, territory and federal legislation, regulations and planning instruments pertaining to arboriculture 
Apply legal and ethical standards to professional practice 
Recognise and use legal terminology relevant to professional practice in arboriculture 
Analyse the jurisdiction of tree matters for specific cases 
Recognise the legal framework and court system when preparing and implementing strategies for management of client legal needs 
Seek and review precedents in law and published case studies for arboriculture related cases 
Determine appropriate statutes and supporting precedent cases 
Extract arboricultural information from case studies based on the legal context 
Develop a course of action and discuss consequences with client 
Provide advice within context of statutes and precedent cases 
Analyse and review policy documents according to legislation and relevant cases 
Prepare policy documents based on legislation and relevant cases 
Determine areas of uncertain legal outcomes in policy documents 
Seek legal advice and amend policy documents to comply with advice 
Identify additional research and supporting documentation required for matter under investigation 
Follow statutory framework to give advice and work as an expert 
Ensure all available observations and test results are recorded with precision in expert reports 
Declare assumptions underpinning any discussion in report 
Substantiate reported opinion with external authorities according to availability and case requirements 
Prepare and provide a detailed evidentiary expert report according to client brief and statutory requirements 
Determine any matter or conflict of interest that may impact on ability to provide impartial evidence 
Read and comply with statutory requirements for an expert witness 
Prepare presentation of evidence based on factual data, documented observations and results according to rules of evidence in legal proceedings 
Deliver oral evidence and report according to legal proceedings, jurisdiction and client requirements 
Assist the court on matters relevant to expert witness testimony and area of expertise 

Forms

Assessment Cover Sheet

AHCARB610 - Provide consultation in a legal framework
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

AHCARB610 - Provide consultation in a legal framework

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

Assessor name:

Signature:

Date:

Student signature:

Date: