This unit applies to individuals responsible for monitoring, guiding and undertaking the decision-making activities of Aboriginal and Torres Strait Islander organisations.

ELEMENT

PERFORMANCE CRITERIA

1. Identify essential components of the constitution

1.1. Explain key clauses to community members

1.2. Seek clarification of clauses from experts when required

1.3. Identify areas of activity of the organisation not covered by the constitution

2. Ensure the constitution is legal

2.1. Check the constitution to ensure it is consistent with relevantlaw with the support of experts where required

2.2. Check the constitution to ensure it is consistent with traditional lore

3. Apply the constitution

3.1. Follow constitutional provisions

3.2. Check policies and programs to ensure they conform to the constitution

3.3. Amend the constitution as required in consultation with members and according to relevant procedures

3.4. Ensure formal documentation of changes made is maintained

Required skills

analytical skills to understand and interpret provisions of the constitution and how they can be applied in a variety of circumstances

communication and teamwork skills to work cooperatively with other board members, management and staff of the organisation, members, community and key stakeholders

consultation and discussion skills to explain the constitution to others and workshop possible changes

culturally appropriate communicationskills to relate to people from diverse backgrounds and with diverse abilities

evaluation and decision-making skills to review information presented to the board and enact decisions

oral, diagrammatic or written literacy skills to be able to gather and share information

Required knowledge

concept of community control of organisations and how it may impact on the provisions and application of the constitution

cultural context in which Aboriginal and Torres Strait Islander boards operate, including their role in upholding traditional and cultural values, and how that may impact on content and application of the constitution

federal, state or territory legislation and funding body requirements that can impact on the provisions of the constitution

geographic, social, economic and political contexts in which particular organisations operate and how these may impact on the provisions and application of the constitution

how to put provisions of the constitution into practice, in particular provisions about elections, membership, conduct of meetings (particularly annual general meetings) and reporting

organisation's constitution provisions and processes

provisions of the corporation law relevant to the organisation that directly relate to the content and development of the organisation's constitution

sources of support to provide advice on legality and practical operations of aspects of the constitution

The Evidence Guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the ability to:

interpret and apply provisions of the constitution

obtain appropriate advice where necessary to ensure the constitution meets legal requirements

follow the constitution when undertaking board duties.

Context of and specific resources for assessment

Assessment must ensure:

participation on an actual or simulated board

access to expert knowledge and resources relevant to constitution

access to examples of constitutions used by Aboriginal and Torres Strait Islander organisations

knowledge and performance to be assessed over time to confirm consistency in performance.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

observation of performance on a board or simulated board

direct questioning combined with reflection of practical board performance by the candidate

analysis of responses to case studies and scenarios

demonstration of techniques

observation of presentations and group discussions

oral or written questioning to assess knowledge

observation of performance in role plays.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

BSBATSIL408C Manage a board meeting

BSBATSIL411A Undertake the roles and responsibilities of a board member.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Experts may include:

accountants

Elders

federal or state registration bodies

managers

Office of the Registrar of Indigenous Corporations

solicitors

state registration bodies.

Relevant law may include:

Act or Acts under which the organisation operates

corporation law.

Constitutional provisions may include:

elections

financial and other reporting

meetings, including annual general meetings

membership

objectives.

Policies and programs may include:

commercial activities

eligibility for assistance

program objectives.

Unit sector

Regulation, licensing and risk - ATSI governance

This unit contains employability skills.