Unit of competency Outline

Date retreived
22/07/2026 2:15 PM AWST

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Respond to native title determination applications

Respond to native title determination applications

Unit of competency
National Code
LGALAND406A
State Code
C1986
TGA Status
Deleted
DTWD Status
Deleted
Current Release Number
2.00
Current Release Date
11/09/2012
State Implementation and Classification
Approved Date
28/11/2007
Field of Education
091103 - Legal Studies
Original Release Date
28/11/2007
Nominal Hours
30
Description
This unit covers assisting in council responding to native title determination applications.
Notes
Elements and Performance Criteria
1 Conduct background research on the native title system
  • 1.1 The native title system established under commonwealth legislation is researched.
  • 1.2 The role and function of relevant agencies are identified.
  • 1.3 The system for considering native title determination applications is identified.
  • 1.4 The steps involved in responding to a native title determination application are identified.
2 Develop a strategy for integrating native title considerations into council decision making
  • 2.1 The areas where native title is likely to continue to exist are identified.
  • 2.2 Expert advice is sought as required.
  • 2.3 Relevant agencies and native title holders/registered claimants are consulted.
  • 2.4 The range of options for council to adopt a precautionary approach to native title matters is assessed.
  • 2.5 Appropriate strategies and actions are developed.
  • 2.6 Meetings with relevant council officers are held to discuss implications of adopting a precautionary approach.
  • 2.7 Council procedures, practices and documentation reflect a precautionary approach.
  • 2.8 Relevant stakeholders are informed.
3 Respond to a native title application
  • 3.1 Options for responding to an application of a determination of native title are identified.
  • 3.2 Expert advice is sought as required.
  • 3.3 Relevant agencies are consulted.
  • 3.4 Discussions are held with native title applicants to clarify issues of concern to local government.
  • 3.5 Advice is prepared for council with recommendations for an appropriate course of action.
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.
Research may include:
Australian land tenure system
commonwealth and state legislation
primary legal cases on native title
Aboriginal and Torres Strait Islander law and custom
advice and information prepared by local government peak bodies
case studies from other council experiences
Relevant agencies may include:
the federal court of Australia
the National Native Title Tribunal
the relevant native title representative body
the claimant community and/or its legal representative
the state government
The range of options for council to adopt may include:
mediation
agreements
litigation
A precautionary approach may include:
investigating the extent of council's liability
minimising the risks associated with native title matters
acting in accordance with the principles of good governance as contained in state legislation
seeking mediated outcomes in order to avoid costly litigation
Appropriate strategies and actions may include:
developing agreements with the native title holders/applicants
Council procedures, practices and documentation may include:
a registered agreement with native title holders/applicants
a policy document setting out council's approach to native title matters
Overview of assessment requirements
A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.
Critical aspects of evidence to be considered
The demonstrated ability to:
conduct research into the native title system to identify the concepts of native title and the relationship between the Australian land tenure system and native title
develop a strategy for integrating native title considerations into council decision making
respond to a native title application and prepare advice for council
Context of assessment
Competency is demonstrated by the performance of all stated criteria, with particular attention to the critical aspects of evidence and the knowledge and skills elaborated in the Evidence Guide, and within the scope of the Range Statement.
Assessment must take account of the endorsed Assessment Guidelines in the Local Government Training Package.
Assessment of the performance requirements in this unit should be undertaken in an actual workplace or simulated environment.
Assessment should reinforce the integration of the key competencies for the particular AQF level. Refer to the key competency levels at the end of this unit.
Relationship to other units(prerequisite or co-requisite units)
To enable holistic assessment this unit may be assessed with other units that form the job role.
Method of assessment
The following assessment methods are suggested:
observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies
written and/or oral questioning to assess knowledge and understanding
completion of workplace documentation
third-party reports from experienced practitioners
completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor
Evidence required for demonstration of consistent performance
Evidence should be collected over a set period of time that is sufficient to include dealings with an appropriate range and variety of situations.
Resource implications
The learner and trainer should have access to appropriate documentation and resources normally used in the workplace.
No information
State Code National Code Title Type
C758 LGA40604 Certificate IV in Local Government (Land Management) Qualification