Course Title: Present at tribunals

Part A: Course Overview

Program: C4394 Certificate IV in Strata Community Management

Course Title: Present at tribunals

Portfolio: SEH Portfolio Office

Nominal Hours: 20

Regardless of the mode of delivery, represent a guide to the relative teaching time and student effort required to successfully achieve a particular competency/module. This may include not only scheduled classes or workplace visits but also the amount of effort required to undertake, evaluate and complete all assessment requirements, including any non-classroom activities.

Flexible Terms

Course Code

Campus

Career

School

Learning Mode

Teaching Period(s)

BUSM8764C

City Campus

TAFE

174T School of VE Engineering, Health & Science

Internet

VE 2017 (SCM1)

Course Contact: Mimma Luppino

Course Contact Phone: +61 3 9925 4979

Course Contact Email: mimma.luppino@rmit.edu.au



Course Description

This unit of competency specifies the outcomes required to appear effectively before a tribunal. It includes preparing for tribunal hearings, using tribunal etiquette, acting as a witness, participating in conciliation hearings, and presenting a case.

The unit supports the work of property industry professionals, including licensed real estate agents, stock and station agents, strata managers and their authorised representatives involved in preparing and presenting cases at tribunals relating to property industry operations.

Licensing, legislative, regulatory or certification requirements apply to this unit in some States and Territories. Relevant state and territory regulatory authorities should be consulted to confirm those requirements.

Pre-requisite Courses and Assumed Knowledge and Capabilities

NIL



National Competency Codes and Titles

National Element Code & Title:

CPPDSM4020 Present at tribunals

Elements:

1. Prepare for tribunal.

2. Participate in conciliation processes for grievances and disputes.

3. Use appropriate tribunal etiquette.

4. Present case before tribunal.

5. Act as a witness.


Learning Outcomes

On completion of this, course you should be able to:
1. Prepare for tribunal.
   1.1 Process for making an application to relevant tribunal is followed.
   1.2 Documentation required for application to relevant tribunal is accurately completed.
   1.3 Evidence and other documentation required for tribunal are prepared and reviewed.
   1.4 Advice from appropriate assisting professionals is sought in preparing for tribunal hearing, as required.
   1.5 Pre-tribunal hearing briefings are participated in as appropriate and required.
   1.6 Procedure to follow where a matter has been settled prior to hearing is implemented in line with organisational and legislative requirements.
2. Participate in conciliation processes for grievances and disputes.
   2.1 Purpose and role of conciliation are clarified within particular tribunal and case context.
   2.2 Opportunities are explored to resolve grievances and disputes through conciliation.
   2.3 Conciliators are provided with complete and accurate information regarding grievance or dispute.
   2.4 Clear and concise formal case statements are prepared and provided for conciliator.
   2.5 Opportunities are taken to obtain relevant information from other parties during conciliation process.
   2.6 Realistic assessments are made of conciliated offers against the likely outcome of continuing with conciliation process and any subsequent rulings from adjudicating body.
3. Use appropriate tribunal etiquette.
   3.1 Appropriate manner of entering and departing tribunal is used.
   3.2 Appropriate manner of addressing tribunal is used.
   3.3 Relevant legal and industry language is used where appropriate.
4. Present case before tribunal.
   4.1 Rules and procedures of tribunal are applied.
   4.2 Case is outlined in a clear and concise manner.
   4.3 Evidence is given and routine examination of witnesses is undertaken appropriately.
   4.4 Relevant decisions and precedents are referred to appropriately.
   4.5 Respondent submissions are responded to appropriately.
   4.6 Questions and directions from tribunal are responded to appropriately.
   4.7 Statement of reasons for tribunal decision is requested in line with tribunal and agency practice.
5. Act as a witness.
   5.1 Pre- and post-tribunal briefings and debriefings are participated in as required.
   5.2 Requirements of tribunal processes and proceedings are observed while acting as witness.
   5.3 Requirements of tribunal processes and proceedings are observed while acting as witness.
   5.4 Liaison with appropriate legal representatives is maintained.
Appropriate and required documentation and reporting are completed and stored according to agency practice.


Overview of Assessment

Assessment may include but not limited to a variety of methods including written short answers, assignments, online quizzes, interactive tasks and multiple choice questions. You will be asked to demonstrate to your teacher/assessor the skills gained during this course to the relevant industry standards. Assessment activities will occur throughout this course and feedback will be provided at regular intervals.