Present at tribunals Evidence Guide

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Evidence Guide: CPPDSM4020A - Present at tribunals

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

CPPDSM4020A - Present at tribunals

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

Prepare for tribunal.

Process for making an application to the relevant tribunal or court is followed.
Documentation required for application to the relevant tribunal is accurately completed.
Evidence and other documentation required for tribunal or court are prepared and reviewed in line with agency practice.
Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required, in line with agency practice.
Pre-tribunal briefings are participated in as appropriate and required.
Procedure to follow where a matter has been settled prior to the hearing is implemented in line with agency and legislative requirements.

Process for making an application to the relevant tribunal or court is followed.

Completed
Date:

Teacher:

Evidence:

Documentation required for application to the relevant tribunal is accurately completed.

Completed
Date:

Teacher:

Evidence:

Evidence and other documentation required for tribunal or court are prepared and reviewed in line with agency practice.

Completed
Date:

Teacher:

Evidence:

Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required, in line with agency practice.

Completed
Date:

Teacher:

Evidence:

Pre-tribunal briefings are participated in as appropriate and required.

Completed
Date:

Teacher:

Evidence:

Procedure to follow where a matter has been settled prior to the hearing is implemented in line with agency and legislative requirements.

Completed
Date:

Teacher:

Evidence:

Participate in conciliation processes for grievances and disputes.

Purpose and role of conciliation is clarified within particular tribunal and case context.
Opportunities are explored to resolve grievances and disputes through conciliation.
Conciliators are provided with complete and accurate information regarding the grievance or dispute.
Clear and concise formal case statements are prepared and provided for the conciliator.
Opportunities are taken to obtain relevant information from other parties during the conciliation process.
Realistic assessments are made of conciliated offers against the likely outcome of continuing with the conciliation process and any subsequent rulings from the adjudicating body.

Purpose and role of conciliation is clarified within particular tribunal and case context.

Completed
Date:

Teacher:

Evidence:

Opportunities are explored to resolve grievances and disputes through conciliation.

Completed
Date:

Teacher:

Evidence:

Conciliators are provided with complete and accurate information regarding the grievance or dispute.

Completed
Date:

Teacher:

Evidence:

Clear and concise formal case statements are prepared and provided for the conciliator.

Completed
Date:

Teacher:

Evidence:

Opportunities are taken to obtain relevant information from other parties during the conciliation process.

Completed
Date:

Teacher:

Evidence:

Realistic assessments are made of conciliated offers against the likely outcome of continuing with the conciliation process and any subsequent rulings from the adjudicating body.

Completed
Date:

Teacher:

Evidence:

Use appropriate tribunal etiquette.

Appropriate manner of entering and departing the tribunal room is used.
Appropriate manner of addressing the tribunal is used.
Relevant legal and industry language is used where appropriate.

Appropriate manner of entering and departing the tribunal room is used.

Completed
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Teacher:

Evidence:

Appropriate manner of addressing the tribunal is used.

Completed
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Evidence:

Relevant legal and industry language is used where appropriate.

Completed
Date:

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Evidence:

Present case before tribunal.

Rules and procedures of the tribunal are applied.
Case is outlined in a clear and concise manner to the tribunal.
Evidence is given and routine examination of witnesses is undertaken appropriately.
Relevant decisions and precedents are referred to appropriately.
Respondent submissions are responded to appropriately.
Questions and directions from the tribunal are responded to appropriately.
Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

Rules and procedures of the tribunal are applied.

Completed
Date:

Teacher:

Evidence:

Case is outlined in a clear and concise manner to the tribunal.

Completed
Date:

Teacher:

Evidence:

Evidence is given and routine examination of witnesses is undertaken appropriately.

Completed
Date:

Teacher:

Evidence:

Relevant decisions and precedents are referred to appropriately.

Completed
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Teacher:

Evidence:

Respondent submissions are responded to appropriately.

Completed
Date:

Teacher:

Evidence:

Questions and directions from the tribunal are responded to appropriately.

Completed
Date:

Teacher:

Evidence:

Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.

Completed
Date:

Teacher:

Evidence:

Act as a witness.

Pre and post-tribunal briefings and debriefings are participated in as appropriate and required.
Evidence provided reflects questions and directions asked by tribunal or legal representatives.
Evidence is provided using factual descriptions and presented clearly and concisely.
Conduct is according to requirements of tribunal processes and proceedings.
Liaison with appropriate legal representatives is maintained.
Appropriate and required documentation and reporting are undertaken and stored according to agency practice.

Pre and post-tribunal briefings and debriefings are participated in as appropriate and required.

Completed
Date:

Teacher:

Evidence:

Evidence provided reflects questions and directions asked by tribunal or legal representatives.

Completed
Date:

Teacher:

Evidence:

Evidence is provided using factual descriptions and presented clearly and concisely.

Completed
Date:

Teacher:

Evidence:

Conduct is according to requirements of tribunal processes and proceedings.

Completed
Date:

Teacher:

Evidence:

Liaison with appropriate legal representatives is maintained.

Completed
Date:

Teacher:

Evidence:

Appropriate and required documentation and reporting are undertaken and stored according to agency practice.

Completed
Date:

Teacher:

Evidence:

Assessed

Teacher: ___________________________ Date: _

Signature: ________________________________________________

Comments:

Instructions to Assessors

Evidence Guide

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

Overview of assessment

This unit of competency could be assessed through case studies and practical demonstration of preparing and presenting a case at a tribunal. Targeted written (including alternative formats where necessary) or verbal questioning to assess the candidate's underpinning knowledge would provide additional supporting evidence of competence. The demonstration and questioning would include collecting evidence of the candidate's knowledge and application of ethical standards and relevant federal, and state or territory legislation and regulations. This assessment may be carried out in a simulated or workplace environment.

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

A person who demonstrates competency in this unit must be able to provide evidence of:

acting as a witness at a tribunal

knowledge of the role and jurisdiction of tribunals and courts that hear matters relating to real estate operations

participating in conciliation processes for grievances and disputes

preparing a case for a tribunal

preparing and lodging applications for a tribunal

presenting a case at a tribunal.

Context of and specific resources for assessment

Resource implications for assessment include:

access to suitable simulated or real opportunities and resources to demonstrate competence

assessment instruments that may include personal planner and assessment record book

access to a registered provider of assessment services.

Where applicable, physical resources should include equipment modified for people with disabilities.

Access must be provided to appropriate learning and/or assessment support when required.

Assessment processes and techniques must be culturally appropriate, and appropriate to the language and literacy capacity of the candidate and the work being performed.

Validity and sufficiency of evidence require that:

competency will need to be demonstrated over a period of time reflecting the scope of the role and the practical requirements of the workplace

where the assessment is part of a structured learning experience the evidence collected must relate to a number of performances assessed at different points in time and separated by further learning and practice with a decision of competence only taken at the point when the assessor has complete confidence in the person's competence

all assessment that is part of a structured learning experience must include a combination of direct, indirect and supplementary evidence

where assessment is for the purpose of recognition (RCC/RPL), the evidence provided will need to be current and show that it represents competency demonstrated over a period of time

assessment can be through simulated project-based activity and must include evidence relating to each of the elements in this unit.

In all cases where practical assessment is used it will be combined with targeted questioning to assess the underpinning knowledge. Questioning will be undertaken in such a manner as is appropriate to the language and literacy levels of the candidate and any cultural issues that may affect responses to the questions, and will reflect the requirements of the competency and the work being performed.

Required Skills and Knowledge


This section describes the essential skills and knowledge and their level, required for this unit.
Required skills: ability to communicate with and relate to a range of people from diverse social, economic and cultural backgrounds and with varying physical and mental abilities analytical skills to interpret documents such as legislation, regulations, leases and contracts application of risk management strategies associated with resolving disputes through recourse to a tribunal or court computing skills to access agency databases, send and receive emails and complete standard forms online decision making and problem solving skills to analyse situations and make decisions consistent with legislative and ethical requirements literacy skills to access and interpret a variety of texts, including legislation, regulations, leases and contracts; prepare general information, papers, formal letters, reports and applications; and complete standard forms planning, organising and scheduling skills to prepare a case for a tribunal research skills to identify and locate documents and information relating to tribunal powers and procedures.
Required knowledge and understanding: acting as a witness purpose and role of conciliation relevant federal, and state or territory legislation and local government regulations relating to: anti-discrimination and equal employment opportunity consumer protection, fair trading and trade practices employment and industrial relations environmental issues financial services franchises and business structure leases OHS privacy property sales and management risks and risk management strategies role and jurisdiction of tribunal and courts that hear matters relating to real estate operations rules of evidence tribunal powers and role tribunal procedures, including: documentation required for applications to tribunal procedure for presenting a case to a tribunal or court procedure to be followed where a matter has been settled prior to hearing process for making an application to a tribunal or court role of witnesses tribunal etiquette.

Range Statement

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 in the performance criteria is detailed below. Add any 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.

Assisting professionals may include:	accountants advocates auditors building and property consultants solicitors.
Legislative requirements may include:	relevant federal, and state or territory legislation and local government regulations relating to: anti-discrimination and equal employment opportunity consumer protection, fair trading and trade practices employment and industrial relations environmental issues financial services franchises and business structure leases OHS privacy property sales and management.
Purpose and role of conciliation gives the parties:	chance to settle a matter on their terms opportunity to hold a frank discussion about the complaint in an attempt to resolve the matter through negotiation.
Evidence is:	descriptive devoid of assumptions or judgemental statements represents details and facts of the evidence that are pertinent to the case.
Examination of witnesses may involve:	cross-examination of respondent witnesses questioning of own witnesses re-examination of own or respondent witnesses.
Pre and post-tribunal briefings and debriefings may include:	details of the case outcomes and consequences of tribunal decisions presentation of evidence rules of evidence tribunal protocol.

NTISthis.com

Evidence Guide: CPPDSM4020A - Present at tribunals

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

CPPDSM4020A - Present at tribunals

Prepare for tribunal.

Participate in conciliation processes for grievances and disputes.

Use appropriate tribunal etiquette.

Present case before tribunal.

Act as a witness.

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

Instructions to Assessors

Teacher: ___________________________ Date: _