Elements and Performance Criteria

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.
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
financial services
OHS
privacy.
Roles and responsibilities of key personnel may include:
licensed real estate agent
real estate representative
support staff.
Key operations of estate agencies may include:
property management
property sales.
Forms of business ownership may include:
corporation
partnership
sole trader.
Organisational structure of business may include:
franchise group
independent agency
marketing cooperative.
Services may include:
business broking
buyers advocacy or agent
marketing, sale and leasing of a range of property types
property management across a range of property types
residential, commercial and industrial real estate.
Approaches for sourcing and accessing legislation may include:
reading may include:
components of legislation
structure of legislation
legislative language
sourcing may include:
online
hard copy.
Legislation and ethical and conduct standards may include:
conflict of interest
duty of care
individual behaviour
maintaining confidentiality
non-discriminatory practices
privacy.
Licensing and eligibility requirements may include:
for employment as a real estate representative
for licensing as a licensed real estate agent.
Trust funds refer to:
all money received or held by an estate agent or any member of an estate agent's staff on behalf of any other person in the course of an estate agent's business
deposits on sales, security deposits and residential bonds paid in cash and bonds in respect of commercial premises, rents and prepaid advertising.
Roles and responsibilities of government agencies may include:
commonwealth government agencies, including:
Australian Competition and Consumer Commission
Australian Securities and Investment Commission
Equal Employment Opportunity Commission
Federal Privacy Commission
state and territory government agencies relating to:
consumer protection and fair trading
employment and workplace relations
privacy
real estate licensing.
Specialist advice may include:
architects
bankers and financiers
builders
government officials
industry practitioners and industry bodies
investment consultants
mentors and coaches
OHS representatives
planners
real estate agents
solicitors
subcontractors
supervisors and colleagues
technical experts
valuers.
Employment requirements may include:
employer's responsibilities
federal and state employment agreements.
Effective communication strategies may include:
active listening
being non-judgemental
exploring problems
expressing an individual perspective
providing sufficient time for questions and responses
providing summarising and reflective responses in conflict situations
using appropriate words, behaviour and posture
using clarifying and summarising questions
using clear and concise language
using culturally appropriate communication
using plain English
using verbal and non-verbal communication.

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, practical exercises and questioning relating to the application of ethical and effective work practices, legal principles, federal and state or territory legislative and regulatory requirements and codes of practices affecting real estate operations. Targeted written (including alternative formats where necessary) or verbal questioning to assess the candidate's underpinning knowledge would provide additional supporting evidence of competence. 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:
application and knowledge of the ethical and conduct standards relevant to licensed real estate agents, real estate representatives and support staff
application and knowledge of the key operations of estate agencies and the roles and responsibilities of agency personnel
knowledge of legislation and the regulatory framework relevant to real estate agency, including the roles and functions of government regulatory agencies and industry bodies
application and knowledge of the key principles of consumer protection and privacy legislation
knowledge of the agency principal relationship
application and knowledge of employment requirements for estate agents, including the rights and responsibilities of employers and employees
application and knowledge of the licensing and eligibility requirements for estate agents and other employees, and penalties associated with related offences.
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.