ELEMENT

PERFORMANCE CRITERIA

1. Process an existing land tenure application/change

1.1 Details of the application/change are investigated to confirm processing requirements.

1.2 Documents associated with the land tenure application/change are gathered and directed following organisational and best practice requirements.

1.3 Documentation is checked to ensure it is endorsed by personnel with delegated authority.

1.4 Information is recorded in accordance with legislation, policy and procedures.

2. Process the initial granting of a public land tenure

2.1 Confirmation is obtained that a tenure application investigation was conducted and approval to the initial allocation granted.

2.2 Documentation is prepared and directed in accordance with organisational procedures.

2.3 Records are prepared and updated in accordance with organisational procedures and practices.

3. Produce a tenure report

3.1 The reason for the report is established in accordance with organisational policy and procedures.

3.2 The source of the required information is ascertained.

3.3 The requested tenure report is generated in accordance with organisational format.

4. Conduct a plan search

4.1 The extent of the search is established.

4.2 The source of the required information is ascertained.

4.3 Plans are obtained and copied and the originals are returned to the system in accordance with organisational procedures.

5. Re-determine rent

5.1 Tenures that require rent re-determination are ascertained.

5.2 Calculations are made following organisational procedures.

5.3 Documents associated with rent re-determination are gathered and directed following organisational and best practice requirements.

5.4 Objections received are directed to the appropriate personnel for arbitration in accordance with legislative requirements and organisational practices.

5.5 The information is recorded in accordance with organisational procedures.

6. Prepare statutory documents

6.1 The statutory document/s required to process an application are ascertained.

6.2 Statutory document/s are prepared in accordance with organisational procedures and statutory requirements.

6.3 Endorsement is obtained in accordance with organisational policy and procedures.

This section describes the essential skills and knowledge and their level, required for this unit.

Skill requirements

Look for evidence that confirms skills in:

following organisational guidelines

determining ownership and tenure

noting organisational records to regulatory and organisational requirements

filing and retrieving organisational records

collecting data and converting it to electronic form

retrieving spatial and textual information from electronic information systems

obtaining a copy of a land title

generating documentation to organisational standards

reading a map or a plan

calculating an area

using computer technology in the context of public land tenure administration

responding to diversity, including gender and disability

applying public sector legislation including occupational health and safety and environment in the context of administering public land tenures

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

legislation relating to public land administration and land management

organisational policies and procedures relating to public land administration

impact of previous legislation on public land

tenure administration

the different types of tenures and the unique features of each

the different types of organisational records that need to be noted or updated and in what circumstances

management of public records

land title system

organisational policies, guidelines and statutory obligations in relation to rent re-determination

organisational standards for the preparation of documentation

knowledge of local values

plan lodgment procedures

public sector legislation including occupational health and safety, environment, privacy and diversity

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:

PSPETHC301B Uphold the values and principles of public service

PSPGOV301B Work effectively in the organisation

PSPGOV305B Access and use resources and financial systems

PSPGOV307B Organise workplace information

PSPGOV308B Work effectively with diversity

PSPLEGN301B Comply with legislation in the public sector

PSPLAND302A Investigate tenure and land use history

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)

administration of public land tenures 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 guidelines relating to the administration of public land tenures

access to computer information systems

case studies and workplace scenarios to capture the range of situations likely to be encountered when administering public land tenures

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 administering public land tenures, including coping with difficulties, irregularities and breakdowns in routine

administration of public land tenures 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

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

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.

A land tenure application/change may include:

land tenure interest dealing such as:

easement

covenant

new lease

new licence

new permit

forfeiture

de-restriction

subdivision

cancellation

correction

consolidation

conversion

amalgamation

consents to transfer

renewal

new deed

lease/licence/permit

purchase of reservation in title

exchange

change of land use

simultaneous opening and closure of road

road opening

road closure (permanent or temporary)

surrender

revocation of management orders (for reserves)

revestments

cancellation of dedications under Acts

issues relating to contamination, hazards and encumbrances, and the need to deal with these before land comes back to the Crown

Land tenure may include:

tenures created and administered under a range of Acts relating to Crown land, State land, land use such as clearing, cultivation, irrigation, enclosure

tenures created under a previous Act and administered under a land Act

creation of and dealing with interests in the tenures, for example easements, subleases, covenants, mortgages and trusts

interests created under legislation such as:

easements

subleases

mortgages

trusts

writs of execution, etc

freehold

leasehold, where changes to existing tenure may require special processes under legislation (e.g. ACT leasehold system where changes are subject to public notification, decisions are subject to appeal and changes need to comply with The Territory Plan)

licences

permits

Best practice requirements may include:

quality customer service

quality system documentation

Legislation, policy and procedures may include:

legislation related to public land administration

public sector legislation such as equal employment opportunity, anti-discrimination, diversity and occupational health and safety

privacy legislation and freedom of information

public sector standards

jurisdictional and organisational code/s of practice and code/s of ethics

organisational standards

industry standards

Initial tenure application investigation may include:

referral to a range of authorities on issues including:

planning

environment

aboriginal heritage

native title

Local Government requirements

servicing agencies' requirements

The initial allocation of a public land tenure may be:

lease

licence

reservation

dedication

enclosure permit

deed

permit to occupy

authority to use

easements

Organisational procedures may include:

statutory and regulatory requirements

industry practices

manual or electronic application

Organisational procedures may be specified in:

office practice guidelines

workplace notices/memos

computer training manuals

procedure manuals

Organisational records may include:

cards

maps

files

electronic information systems

land accounts

land titles

plans

gazettes

Tenure reports may include:

tenure details

rental details

outstanding moneys

transfer details

status report

valuation details

property dealings

Rent may include:

yearly rent

rent for a fixed term

rent adjusted for consumer price index (CPI)

premiums

phasing-in of rents

waivers

Rent re-determination may include:

dealings involving allocation of:

concessional rentals

rent deferral

rent forgiveness

Calculations may include:

rent re-determination

concession

deferral

forgiveness

Objections to rent may be for:

carrying capacity

right to rebate

disputed value

disputed rental category

disputed land valuation

Statutory documents may be:

lease agreement

licence agreement

land titles office forms