access and interpret thursday
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School
TAFE NSW - Sydney Institute *
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Course
2325
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
24
Uploaded by DukeLorisPerson1010
Project Assessment
Criteria
Unit code, name and release number
Cluster name: Cl_LegalRequirements_LMS CPPREP4002 - Access and interpret ethical practice in real estate (Release 1)
CPPREP4003 - Access and interpret legislation in real estate (Release 1)
Qualification/Course code, name and release number
CPP41419 - Certificate IV in Real Estate Practice (Release 1)
CPP31519 – Certificate III in Real Estate Practice (Release 1) Statement of Attainment in Real Estate Practice (Assistant agent)
Student details
Student number
Student name
Wardishan Assessment Declaration
This declaration only needs to be completed if you are not submitting your assessment online.
This assessment is my original work and no part of it has been copied from any other source except where due acknowledgement is made.
No part of this assessment has been written for me by any other person except where such collaboration has been authorised by the assessor concerned.
I understand that plagiarism is the presentation of the work, idea or creation of another person as though it is your own. Plagiarism occurs when the origin of the material used is not appropriately cited. No part of this assessment is plagiarised.
Student signature and Date
Document title: Cl_LegalRequirements_AE_Pro_1of3_LMS
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Version:
2020909
Date created:
1 July 2019
For queries, please contact:
Technology and Business Services SkillsPoint
Ultimo
© 2020 TAFE NSW, Sydney
RTO Provider Number 90003 | CRICOS Provider Code: 00591E
This assessment can be found in the Learning Bank
The contents in this document is copyright © TAFE NSW 2020, and should not be reproduced without the permission of the TAFE NSW. Information contained in this document is correct at time of printing: 17 February
2024. For current information please refer to our website or your teacher as appropriate.
Document title: Cl_LegalRequirements_AE_Pro_1of3_LMS
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Assessment instructions
Table 1 Assessment instructions
Assessment details
Instructions
Assessment overview
The objective of this assessment is to assess your knowledge and performance required to prepare for interpreting legislation, identify techniques for keeping up to date with legislation and understand legislation related to real estate operations in NSW.
Assessment Event number
1of 3
Instructions for this assessment
This is a project-based assessment and will be assessing you on your knowledge and performance of the unit.
This assessment is in two parts:
1.
Legislative Framework and operations
2.
Common legislation
and includes assessment feedback.
Submission instructions On completion of this assessment, you are required to upload on the learning platform (for example the TAFE Moodle), for marking.
You may submit this to your teacher if you are not studying online
or unable to submit via a learning platform. Ensure you have written your name at the bottom of each page of
your assessment.
Submit the following documents:
This completed assessment
You must keep a copy of all electronic and hardcopy assessments submitted to TAFE and complete the assessment declaration when submitting the assessment.
What do I need to do to achieve a To achieve a satisfactory result for this assessment all questions must be answered correctly.
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Assessment details
Instructions
satisfactory result?
What do I need to provide?
Computer with Microsoft Office, access to internet
What will the assessor provide?
Access to the learning platform as required (Learning Management System).
Due date and time allowed
Indicative time to complete assessment: One (1) hour.
For the due date, refer to the Unit Assessment Guide if face to face delivery, or the Delivery Timetable for online delivery. Supervision
This is an unsupervised, take-home assessment. Your assessor may ask for additional evidence to verify the authenticity of your submission and confirm that the assessment task was completed by you.
Assessment feedback, review or appeals
Appeals are addressed in accordance with Every Student’s Guide to Assessment
.
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Specific task instructions
Scenario:
You’re working for Azure Beach Realty Group
(ABRG) as a sales assistant. ABRG is a small to medium-sized agency operating in Azure Beach NSW and surrounding areas. Its operations include residential property management and sales. ABRG also has a small portfolio of commercial and industrial properties. Real estate operations are conducted under the one roof where the property managers and sales staff can interact.
The ABRG Manager, Sarah Hampden, understands that legislation is an important issue for real estate operations. She’s concerned that many of the staff members seem to be unsure of where to find legislation, how to understand it and how to keep up to date with changes. She has asked you to create a draft non-technical guide for the staff members to help them with these aspects of the legislation.
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Part 1: Legislative Framework and operations Legal 1.Legal framework
Describe each of the following legal frameworks:
1.
Common law.
is
developed by judges on a case by case basis, building on the precedent and interpretation of earlier court decisions
.
2.
Contract law.
A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract
3.
Equity law.
the separate body of law, developed in the Court of Chancery, which supplements, corrects, and controls the rules of common law
.
4.
Statute law.
Statue law In Australia, there is a complex network of statutes, or laws, in operation, which defines and guides the way all businesses operate. Statutes in Australia are made by Federal Parliament (these apply across all Australian states and territories) and/or State Parliaments (these apply only in the state in which they're enacted).
2. Components and structure of legislation
Describe each of the following key components and structure of legislation:
1.
Acts.
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2.
Regulations.
Most acts of Parliament will also contain a set of accompanying regulations. The regulations prescribe how the terms and conditions of an act should be carried out.
In NSW, for example, the PSA Act is supported by the PSA Regulation.
Occasionally, acts of Parliament or their accompanying regulations are amended, deleted
or have new ones added, which keeps the law up to date. For example, in 2019 an amendment called the Property, Stock and Business Agents Amendment Regulation 2019 (pdf)
was passed. Part of your role as a professional in the property industry will
be to know where to find relevant legislation and to keep abreast of current amendments.
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3.
Subordinate legislation
4.
5.
4.
Amendments.
5.
Mandatory codes of practice.
6.
Long title.
7.
Short title.
8.
Commencement date.
9.
Application.
10.
Contents.
11.
Definitions.
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12.
Headings.
13.
Parts.
14.
Divisions and subdivisions.
15.
Clauses and subclauses.
16.
Schedules.
17.
Appendices.
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3. Interpretation Aids and problems
1.
Using the Interpretation Act 1987, Part 2 Words and expressions
, a legal dictionary
and your student workbook, explain
the following terms concerning interpreting legislation and
give an example correct use of each term/expression in any piece of real estate legislation. An example has been provided for you.
TERMS/expressions
How are they used when interpreting legislation
And/or
And/or means that either one or both of the options is required. It is NOT
a good practise using these term in legal writings.
An agent may hold and/or a certificate of registration
or licence to sell residential property in NSW
Gender
hierarchy
includes
May, should and must
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2.
Write a definition of each of the following rules of interpretation, this legal dictionary
can assist you in responding to this task.
a.
Literal rule.
b.
Golden rule.
c.
Mischief rule.
d.
Purposive approach.
3.
Explain the following statements, using examples related to real estate:
a.
Express mention of one thing to the exclusion of another (Expressio Unius Est Exclusio Alterius)
b.
Words interpreted through their connection with other words i.e. in context (Noscitur a sociis)
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c.
Words with the same meaning (Ejusdem Generis).
4.
Describe how each of the following external aids can assist you in interpreting legislation and why you would use them:
a.
Interpretation Acts – Acts Interpretation Act 1901
and Interpretation Act 1987
No 15
b.
Hansard/parliamentary papers
c.
Legal dictionaries d.
Previous judicial interpretations of legislation.
a.
Interpretation Acts: b.
Hansard/parliamentary papers:
c.
Legal dictionaries: d.
Previous judicial interpretations of legislation:
5.
Identify and explain
three common problems that can occur when interpreting legislation.
6.
Identify and analyse two consequences for misinterpreting legislation, using examples. Document title: Cl_LegalRequirements_AE_Pro_1of3_LMS
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7.
Why is it important to interpret/read a piece of legislation using the individual sections (including the purpose/objectives, definitions/interpretation, headings and notes) and the legislation as a whole? Provide an example from the Property and Stock Agents Act 2002 (NSW), that would demonstrate the importance of reading the
‘Definitions’ section of the act, as well as another relevant section of the act.
8.
Why are some pieces of legislation related to other pieces of legislation? Give an example.
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4. Legislation in real estate
1.
Identify the legislative document and schedule that requires all agents in NSW to have ‘Knowledge of Acts and Regulations’. In dot point form list the areas of legislation covered.
2.
In the above questions, you have identified an agent must know the acts and regulations! Explain your
legal responsibilities in regards to accessing, reading, interpreting, applying and maintaining knowledge of relevant legislation? Areas
Legal responsibility
Accessing legislation
Reading legislation
Interpreting legislation
Applying legislation
Maintaining/updating
knowledge of legislation
3.
Legislation changes frequently in the real estate industry, describe two techniques you can use to identify and track changes and amendments to legislation.
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4.
Demonstrate that you have used these techniques ( from question 20) by including screenshots.
5.
List the full title of the legislation and
subordinate legislation, including a brief description
that applies to real estate in NSW for each of the following areas (at least
one piece of legislation and one piece of subordinate legislation for each this may include Commonwealth and/or state legislation):
a)
Secret commissions.
An agent must not make a secret profit or receive a secret commission.in othe world, a financial reward that the client doesn’t know about.
Secret commissions are illegal under various state and territory statutes.in NSW, The Crimes Act 1900(NSW)makes it an offence to corruptly receive or solicit a benefit. Also, the property
and stock agents act (PSA)2002(NSW) stipulates that agents are required to disclose all commissions in the agency agreement.
Under this Act, agents are required to disclose all commissions in the agency agreement
b)
Environmental sustainability.
c)
Employment and industrial relations
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5. Accessing legislation and advice
1.
List three reliable online sources where you would find legislation that applies to real estate operations in NSW include the link to each website.
2.
You are required to access and analyse the following pieces of legislation and complete the table below:
Competition and Consumer Act 2010 (CTH)
Foreign Acquisitions and Takeovers Act 1975 (CTH)
Environmental Planning and Assessment Act 1979 (NSW)
Analysis areas
Competition and Consumer Act 2010
Environmental Planning and Assessment Act 1979
Foreign Acquisitions and Takeovers Act 1975 (CTH)
The full title of the legislation
Competition and Consumer Act 2010
(Cth)
(C
CA Act)
Purpose of the legislation
Key components of the legislation
Two breaches of the legislation b. You are required to access the Property and Stock Agents Act 2002 and Regulations 2014 (NSW) and identify the penalty units and maximum monetary penalty for the following breaches:
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Section NO
Section name
Penalty units & maximum monetary value
52 (1)
Individual :
78
Company:
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3.
Describe the most effective way to access current and point-in-time versions of the legislation. Demonstrate the techniques you used to access the current and point-in-
time version of the Environmental Planning and Assessment Act 1979 (NSW) by including screenshots.
4.
Which regulator would you contact if you need assistance with interpreting the Competition and Consumer Act 2010 (CTH)? What is the purpose and duties of that regulator? Where else could an agency go for advice on legislation?
The CCA Act encourages fair and ethical competition and efficiency in business. Far from being a burden on business, the CCA
Act benefits companies that offer consumers better goods or services, or better value. The CCA Act states that a corporation must not, in trade or commerce, contravene an applicable industry code, either mandatory (listed in the regulations) or voluntary (from an industry body).
The PSA Act also has a strong consumer protection agenda, however,the most powerful piece of consumer legislation in Australia is CCA Act.
The CCA Act is administered and enforced by the
Australian Competition &
Consumer Commission (ACCC)
. It protects Australian consumers against certain unfair practices in all Australian businesses, including real estate agencies. For example, it covers:
Fair trading Real Estate institude NSW, Strata community association Real Estate institude Australia.
5.
Misinterpretation of legislation can lead to client complaints, identify and explain three communication strategies
you could use to deal with complaints. (word count 25-50 words for each strategy)
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Part 2: Legislation and ethical conduct
This Part of the assessment is replicated in CPPREP4001_AE_Pro_1of1 Part 4, if you have successfully completed that do not repeat your efforts
here. Please copy and paste your answers below from CPPREP4001_AE_Pro_1of1 Part 4.
1.
Identify
the correct legislation (acts and regulations) for each of the following areas, including the full title of the legislation and a link to
where it can be found. Explain
the aim and purpose of these acts and
how they are relevant to your work as an agent.
Areas
Full name of Legislation and/or subordinate legislation
Aim and purpose
Relevance to your work role
Act and regulations that govern all real estate operations in NSW
Hyperlinks:
Real Estate Licencing
Hyperlink:
Privacy and Document title: Cl_LegalRequirements_AE_Pro_1of3_LMS
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confidentiality
Hyperlink:
Residential tenancies
Hyperlink:
Retail tenancies
Hyperlink:
Equal Employment Opportunity
Hyperlink:
Anti-Discrimination
Hyperlink:
Work Health and Safety
Hyperlink:
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2.
Analyse (identify in first column, then explain) a code of conduct/regulation for each row, applicable in the Real Estate industry.
Code of conduct/regulation
Analysis
Code at Business level
Code at Industry Level
Regulation
3.
Identify and explain the role of the regulatory body for real estate practices in NSW? (word count 40-60 words)
Legislation comprises laws made by Parliament, or people who have been given the authority by Parliament to make laws, such as the Governor-General. There are two kinds of legislation:
Acts: the laws that Parliament enacts are called acts, sometimes referred to as Acts of Parliament. If an act has related subordinate legislation, then it needs to be read in conjunction with it.
Subordinate legislation including:
o
regulations
o
ordinance
o
by-laws
o
rules.
4.
Expand the acronyms below, explain their role and function in the property industry. (10-20 words each cell)
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REA
A real estate association is a trade group made up of agents and brokers that can
provide trainings, lobby the government, produce market research, and operate an MLS for the benefit of its members
. members
.
REEF
Real estate employee ferderation is committed to
helping employers better manage their human resource functions, and representing and protecting their workplace relations interests
.
REI and REI NSW
Real estate institdue is committed to providing and assisting research and well-informed advice to the Federal Government, Opposition, professional members of the real estate sector, media and the public on a range of issues affecting the property market.
Real estate institdue NSW represents over 10,000 individual members and seeks to promote their interests and the property sector on property-related issues
.
Property Council of Australia
the Property Council is
a trusted adviser for governments and peak bodies
.
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Assessment Feedback
This section is to be completed by the assessor. Once feedback has been provided by the assessor you will be given the opportunity to respond.
Additional evidence for verification of assessments
Assessment outcome
☐
Satisfactory
☐
Unsatisfactory
Assessor Feedback
☐
Has the Assessment Declaration been signed and dated by the student?
☐
Are you assured that the evidence presented for assessment is the student’s own work?
☐
Was the assessment event successfully completed?
☐
If no, was the resubmission/re-assessment successfully completed?
☐
Was reasonable adjustment in place for this assessment event?
If yes, ensure it is detailed on the assessment document.
Comments:
Assessor name, signature and date:
Student acknowledgement of assessment outcome
Would you like to make any comments about this assessment?
Student name, signature and date
NOTE: Make sure you have written your name at the bottom of each page of your
submission before attaching the cover sheet and submitting to your assessor for marking.
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