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.
Elements and Performance Criteria
Elements | Performance Criteria |
1. Analyse the legal context | 1.1 Determine legislation and legal cases for area of arboricultural specialisation 1.2 Review and analyse state, territory and federal legislation, regulations and planning instruments pertaining to arboriculture 1.3 Apply legal and ethical standards to professional practice 1.4 Recognise and use legal terminology relevant to professional practice in arboriculture |
2. Analyse precedent cases to determine advice outcomes | 2.1 Analyse the jurisdiction of tree matters for specific cases 2.2 Recognise the legal framework and court system when preparing and implementing strategies for management of client legal needs 2.3 Seek and review precedents in law and published case studies for arboriculture related cases 2.4 Determine appropriate statutes and supporting precedent cases 2.5 Extract arboricultural information from case studies based on the legal context 2.6 Develop a course of action and discuss consequences with client 2.7 Provide advice within context of statutes and precedent cases |
3. Review, develop and apply policies | 3.1 Analyse and review policy documents according to legislation and relevant cases 3.2 Prepare policy documents based on legislation and relevant cases 3.3 Determine areas of uncertain legal outcomes in policy documents 3.4 Seek legal advice and amend policy documents to comply with advice |
4. Prepare expert report | 4.1 Identify additional research and supporting documentation required for matter under investigation 4.2 Follow statutory framework to give advice and work as an expert 4.3 Ensure all available observations and test results are recorded with precision in expert reports 4.4 Declare assumptions underpinning any discussion in report 4.5 Substantiate reported opinion with external authorities according to availability and case requirements 4.6 Prepare and provide a detailed evidentiary expert report according to client brief and statutory requirements |
5. Provide expert evidence | 5.1 Determine any matter or conflict of interest that may impact on ability to provide impartial evidence 5.2 Read and comply with statutory requirements for an expert witness 5.3 Prepare presentation of evidence based on factual data, documented observations and results according to rules of evidence in legal proceedings 5.4 Deliver oral evidence and report according to legal proceedings, jurisdiction and client requirements 5.5 Assist the court on matters relevant to expert witness testimony and area of expertise |
Evidence of Performance
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.
Evidence of Knowledge
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 Conditions
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.
Foundation Skills
Skill | Description |
Reading | Draw on a broad range of strategies to build and maintain understanding while interpreting complex legal and regulatory texts when researching and preparing for legal proceedings |
Writing | Demonstrate sophisticated writing skills by selecting appropriate conventions and stylistic devices to express precise meaning for evidentiary and legal reports |
Sectors
Arboriculture (ARB)