Course Title: Present at tribunals

Part B: Course Detail

Teaching Period: VE 2019

Class Number: All

Class Section: All

For flexible terms and optional semesters, a Part B course guide may have been published for the entire teaching period, or for the specific class number in which you are enrolled. If there is no Part B course guide published for your specific class number, please refer to the guide for the teaching period in which you are enrolled. Enrolment Online is the definitive source for details regarding your class enrolment.

Course Code: BUSM8764C

Course Title: Present at tribunals

School: 174T School of VE Engineering, Health & Science

Campus: City Campus

Program: C4394 - Certificate IV in Strata Community Management

Course Contact: Thierry Demathieu

Course Contact Phone: +61 3 9925 8359

Course Contact Email: thierry.demathieu@rmit.edu.au


Name and Contact Details of All Other Relevant Staff

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.

Pre-requisites and Co-requisites

NIL

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.


National Codes, Titles, Elements and Performance Criteria

National Element Code & Title:

CPPDSM4020 Present at tribunals

Element:

1. Prepare for tribunal.

Performance Criteria:

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.

Element:

2. Participate in conciliation processes for grievances and disputes.

Performance Criteria:

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.

Element:

3. Use appropriate tribunal etiquette.

Performance Criteria:

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.

Element:

4. Present case before tribunal.

Performance Criteria:

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.

Element:

5. Act as a witness.

Performance Criteria:

5.1.

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

5.2.

Evidence is provided clearly and concisely using factual descriptions that reflect questions and directions asked by tribunal or legal representatives.

5.3.

Requirements of tribunal processes and proceedings are observed while acting as witness.

5.4.

Liaison with appropriate legal representatives is maintained.

5.5.

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


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.


Details of Learning Activities

Students will be accessing online materials and resources.

The program area is designed with interactivity utilizing drop down information through online presentations. This information is packaged within videos and text.

 

The learning material is accessed via Canvas (RMIT Learning Management System or LMS).

 

Interaction with other students is encouraged through Google Communities to engage with other students and facilitate their learning.

Online support and feedback is provided by educators via both Canvas and Google communities to assist in learning activities.


Teaching Schedule

Students are expected to engage in online learning at their own pace within the 12 month delivery period of the program.

The program area is structured to provide sequential learning. Please see the assessment matrix below.

 


Learning Resources

Prescribed Texts


References


Other Resources


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.


Assessment Tasks

This unit of competency is part of an integrated program. You must demonstrate Performance and Knowledge evidence of the unit in order to be deemed competent.

Assessment methods have been designed to measure achievement of each competency over a range of assessment tasks.

The assessment methods may include:

  • multiple choice
  • online quizzes
  • short answer questions
  • written tasks
  • assignments
  • case studies
  • workplace evidence

 

Feedback will be provided to you throughout the program through Canvas and/or Google communities.

All assessment tasks must be submitted within the given time frame to avoid timing out.

You are expected to prepare all assignments and other written work in a professional manner. More information on general academic study and writing skills can be found on the “Learning Lab” http://emedia.rmit.edu.au/learninglab/ (http://emedia.rmit.edu.au/learninglab/). All work submitted for assessment must be submitted electronically.


Assessment Matrix

 

Assessment Code

Assessment Name

Elements

Performance Criteria

4CR20SA1

Preparing for Tribunal

1

1.1, 1.2, 1.3, 1.4, 1.5, 1.6

4CR20SA21

Conciliation/ Compulsory Conference

2

2.1, 2.2, 2.3, 2.4, 2.5, 2.6

4CR20MC1

Presenting a case and Tribunal Etiquette

3 & 4

3.1, 3.2, 3.3, 4.1, 4.2, 4.3, 4.4, 4.5, 4.6, 4.7

4CR20WT1

Acting as a witness

5

5.1, 5.2, 5.3, 5.4, 5.5

Course Overview: Access Course Overview