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Evidence Guide: AHCARB610 - Provide consultation in a legal framework

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

AHCARB610 - Provide consultation in a legal framework

What evidence can you provide to prove your understanding of each of the following citeria?

Analyse the legal context

  1. Determine legislation and legal cases for area of arboricultural specialisation
  2. Review and analyse state, territory and federal legislation, regulations and planning instruments pertaining to arboriculture
  3. Apply legal and ethical standards to professional practice
  4. Recognise and use legal terminology relevant to professional practice in arboriculture
Determine legislation and legal cases for area of arboricultural specialisation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Review and analyse state, territory and federal legislation, regulations and planning instruments pertaining to arboriculture

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Apply legal and ethical standards to professional practice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recognise and use legal terminology relevant to professional practice in arboriculture

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Analyse precedent cases to determine advice outcomes

  1. Analyse the jurisdiction of tree matters for specific cases
  2. Recognise the legal framework and court system when preparing and implementing strategies for management of client legal needs
  3. Seek and review precedents in law and published case studies for arboriculture related cases
  4. Determine appropriate statutes and supporting precedent cases
  5. Extract arboricultural information from case studies based on the legal context
  6. Develop a course of action and discuss consequences with client
  7. Provide advice within context of statutes and precedent cases
Analyse the jurisdiction of tree matters for specific cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recognise the legal framework and court system when preparing and implementing strategies for management of client legal needs

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek and review precedents in law and published case studies for arboriculture related cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine appropriate statutes and supporting precedent cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Extract arboricultural information from case studies based on the legal context

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Develop a course of action and discuss consequences with client

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide advice within context of statutes and precedent cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Review, develop and apply policies

  1. Analyse and review policy documents according to legislation and relevant cases
  2. Prepare policy documents based on legislation and relevant cases
  3. Determine areas of uncertain legal outcomes in policy documents
  4. Seek legal advice and amend policy documents to comply with advice
  5. Identify additional research and supporting documentation required for matter under investigation
  6. Follow statutory framework to give advice and work as an expert
  7. Ensure all available observations and test results are recorded with precision in expert reports
  8. Declare assumptions underpinning any discussion in report
  9. Substantiate reported opinion with external authorities according to availability and case requirements
  10. Prepare and provide a detailed evidentiary expert report according to client brief and statutory requirements
Analyse and review policy documents according to legislation and relevant cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare policy documents based on legislation and relevant cases

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Determine areas of uncertain legal outcomes in policy documents

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Seek legal advice and amend policy documents to comply with advice

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify additional research and supporting documentation required for matter under investigation

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Follow statutory framework to give advice and work as an expert

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Ensure all available observations and test results are recorded with precision in expert reports

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Declare assumptions underpinning any discussion in report

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Substantiate reported opinion with external authorities according to availability and case requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare and provide a detailed evidentiary expert report according to client brief and statutory requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Provide expert evidence

  1. Determine any matter or conflict of interest that may impact on ability to provide impartial evidence
  2. Read and comply with statutory requirements for an expert witness
  3. Prepare presentation of evidence based on factual data, documented observations and results according to rules of evidence in legal proceedings
  4. Deliver oral evidence and report according to legal proceedings, jurisdiction and client requirements
  5. Assist the court on matters relevant to expert witness testimony and area of expertise
Determine any matter or conflict of interest that may impact on ability to provide impartial evidence

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Read and comply with statutory requirements for an expert witness

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Prepare presentation of evidence based on factual data, documented observations and results according to rules of evidence in legal proceedings

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Deliver oral evidence and report according to legal proceedings, jurisdiction and client requirements

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assist the court on matters relevant to expert witness testimony and area of expertise

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Required Skills and Knowledge

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.