Assessment for CPPREP4503 Unit
Assessment for CPPREP4503 Unit
Present at hearings in
real estate
ASSESSMENT
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ASSESSMENT INFORMATION FOR
LEARNERS
Throughout your training we are committed to your learning by providing a training
and assessment framework that ensures the knowledge gained through training is
translated into practical on the job improvements.
Your ability to recognise common principles and actively use these on the job.
All of your assessment and training is provided as a positive learning tool. Your assessor
will guide your learning and provide feedback on your responses to the assessment
materials until you have been deemed competent in this unit.
The assessment tasks have been designed to enable you to demonstrate the
requirements of the performance criteria and knowledge in this unit to successfully
demonstrate competency at the required standard.
Your assessor will ensure that you are ready for assessment and will explain the
assessment process. Your assessment tasks will outline the evidence to be collected and
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how it will be collected, for example; a written activity, case study, or demonstration and
observation.
The assessor will also have determined if you have any special needs to be considered
during assessment. Changes can be made to the way assessment is undertaken to
account for special needs and this is called making Reasonable Adjustment.
What happens if your result is ‘Not Yet Competent’ for one or more
assessment tasks?
Our assessment process is designed to answer the question “has the desired learning
outcome been achieved yet?” If the answer is “Not yet”, then we work with you to see
how we can get there.
In the case that one or more of your assessments has been marked ‘NYC’, your trainer
will provide you with the necessary feedback and guidance, in order for you to resubmit
your responses.
Your trainer will outline the appeals process, which is available to the learner. You can request a
form to make an appeal and submit it to your trainer, the course coordinator, or the
administration officer. The RTO will examine the appeal and you will be advised of the outcome
within 14 days. Any additional information you wish to provide may be attached to the appeal
form.
Assessor Responsibilities
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Assessors need to be aware of their responsibilities and carry them out appropriately.
To do this they need to:
Ensure that participants are assessed fairly based on the outcome of the
language, literacy and numeracy review completed at enrolment.
When required, ensure supervisors and learners sign off on third party
assessment forms or third party report.
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1
10 lines of handwritten text = of a foolscap page
3
Website Name – Page or Document Name, Retrieved insert the date. Webpage
link.
For a book: Author surname, author initial Year of publication, Title of book,
Publisher, City, State.
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ASSESSMENT GUIDE
The following table shows you how to achieve a satisfactory result against the criteria
for each type of assessment task. The following is a list of general assessment methods
that can be used in assessing a unit of competency. Check your assessment tasks to
identify the ones used in this unit of competency.
You will receive an overall result of Competent or Not Yet Competent for this unit. The
assessment process is made up of a number of assessment methods. You are required to
achieve a satisfactory result in each of these to be deemed competent overall. Your
assessment may include the following assessment types.
Written Activity The assessor will mark the Does not follow
activity against the guidelines/instructions
detailed
guidelines/instructions
You will receive an overall result of Competent or Not Yet Competent for this unit. The
assessment process is made up of a number of assessment methods. You are required to
achieve a satisfactory result in each of these to be deemed competent overall. Your
assessment may include the following assessment types.
Practical Activity All tasks in the practical Tasks have not been
activity must be completed completed effectively and
and evidence of evidence of completion
completion must be has not been provided.
provided to your
trainer/assessor.
All tasks have been
completed accurately and
evidence provided for
each stated task.
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Assessment Method Satisfactory Result Non-Satisfactory Result
You will receive an overall result of Competent or Not Yet Competent for this unit. The
assessment process is made up of a number of assessment methods. You are required to
achieve a satisfactory result in each of these to be deemed competent overall. Your
assessment may include the following assessment types.
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ASSESSMENT COVER SHEET
Assessment Cover Sheet
Assessors Date
22/10/2024
Name: Submitted:
Learner Declaration
I agree to undertake assessment in the knowledge that information gathered will only
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be used for professional development purposes and can only be accessed by the RTO
I declare that:
I have kept a copy of all relevant notes and reference material that I used in the
production of my work
I have given references for all sources of information that are not my own,
including the words, ideas and images of others
Learner
TILAK PATEL Date: 22/10/2024
Signature:
Feedback to Learner:
Assessor
Date:
Signature:
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WRITTEN ACTIVITY
Your task is to write the answers to each of the following questions. Answers should
exceed 50 words but no more than 300 words for each questions:
1. Identify the legislation (commonwealth and state or territory), and the local
government regulations which are relevant to presenting at hearings in real
estate
The Property and Stock Agents Act 2002 No 66, and the Property and Stock Agents
Regulation 2014 (NSW) – these regulate the activities of real estate agents acting as
rural property and stock agents; revise from earlier if needed
The Real Property Act 1900 (NSW) and the Real Property Regulation (2019) – these
protect ownership of private property (e.g. via registered land titles)
The Residential Tenancies Act 2020 (NSW) and the Residential Tenancies Regulation
2019 – these protect the rights of tenants (or lessees or enters) and landlords who
enter into an agreement to lease a residential property
The Retail Leases Act 1994 (NSW) – this protects the rights of rights of tenants (or
lessees or enters) and landlords who enter into an agreement to lease a commercial
property for retail purposes (e.g. a shop, or similar)
The Strata Schemes Management Act 2015 (NSW), the Strata Schemes management
Regulation 2016 (NSW), the Strata Schemes Development Act 2015 (NSW) and the
Strata Schemes Development Regulation 2016 (NSW) – these protect the rights of
people involved in a strata arrangement. In a strata scheme, a building or collection
of buildings has been divided into ‘lots’, and a person or group purchases or rents
part of the lot (e.g. one apartment)1
1
[Link]
property/buying-into-a-strata-scheme#:~:text=Listen-,Strata%20schemes,been%20divided%20into
%20%27lots%27.&text=When%20a%20person%20buys%20a,property%20with%20other%20lot
%20owners.
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2. What disclosure requirements are relevant to presenting at hearings in real
estate?
- Make copies of important documents to share with the other party and the
hearing body.
Real estate agents need to follow a few key ethical principles, including:
- Handling money properly and ensuring it’s accounted for according to policies.
Always follow your organization’s policies and procedures to meet legal and
ethical standards.
4. What are the protocols to follow when presenting at hearings in real estate?
- Giving clear and concise answers like "yes," "no," or "I cannot recall," and
providing further details only if asked.
- If you’re unsure of an answer, say so. You can ask to check your evidence if
needed.
- Listen carefully to the questions, as they are often asked to uncover specific
details. Focus on answering directly.
5. Explain the purpose and the role of conciliation in the real estate industry
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Before a formal hearing takes place, disputes may go through mediation or
conciliation. The goal of conciliation is for both parties to meet—sometimes with
a neutral conciliator—and try to resolve the issue together. This process helps
avoid the need for a full hearing, which can be expensive, stressful, and time-
consuming.
Conciliation allows both sides to discuss their concerns and work towards a
compromise that suits everyone. During this process, it's important to:
- Be ready to negotiate.
6. Discuss the role and the jurisdiction of hearings of matters that relate to property
operations
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Court issues, and to enforce NCAT areas/districts
orders.
All Australia
Federal Courts To hear federal matters (e.g.
involving parties in different
states/territories, air
carriage/maritime issues, etc.)
- Verbal testimony: Be ready to speak clearly about the matter. You can also bring in
witnesses who can provide their own accounts.
- Documents: This can include contracts, emails, invoices, meeting minutes, plans
and drawings, photographs, and video footage (like CCTV).
When getting your evidence ready for the hearing, consider the following:
- Number or label items electronically and create an index for easy reference.
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8. Explain the powers and the role of property-related hearings
- Make copies of important documents to share with the other party and the
hearing body.
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10. Outline the procedure which are to be followed for presenting a case to a hearing
- If you submitted the application, you’ll start by giving your evidence. You’ll clearly
and concisely explain the issue, then answer questions from the person hearing the
case as well as from the other party.
- Next, you'll call your witnesses one at a time. Provide each witness with a copy of
their statement that you submitted before the hearing. Ask them to confirm that it’s
their statement and that the information is accurate. The witness will then share
their evidence and answer questions from both the person hearing the case and the
opposing party.
- After you present your evidence, the other party will have the chance to present
their evidence, bring in their witnesses, and answer questions from both you and the
person hearing the case.
- As the hearing wraps up, you’ll be asked for closing submissions, where you’ll
summarize your evidence and request that the decision-maker rules in your favor.
The other party will do the same.
Finally, the person hearing the matter will make and announce their decision.
11. What elements will be included in the procedure to be followed where a matter
has been settled prior to hearing?
In some cases, you may successfully resolve a dispute through conciliation. It's
important to understand your organization’s policies and procedures for managing a
case that has been settled before a hearing. This typically includes:
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- Having both parties sign the document to show their agreement.
Informing the hearing body about the outcome so that the hearing can be
canceled.
- Start by filling out a witness summons application form, which you can find on the
hearing body's website, either in hard copy or electronically. Make sure to complete
all relevant sections accurately. If the summons is for a witness to bring a document
or record, clearly specify each item they need to produce.
- Submit the application form to the hearing body. A representative will review the
form and keep it on file. If everything is in order, they will approve the summons.
You may also need to pay a summons fee if required by the hearing body.
Finally, you must personally serve the summons to the witness. This should be
done at least 14 days before the hearing date. It's considerate to inform the
witness beforehand that they will receive the summons and explain what it
entails.
It is important that you are able to identify and use expert witnesses, when required. A
‘witness’ is a person with first-hand knowledge in relation to the matter. An ‘expert
witness’, on the other hand, is a person with specialist knowledge about the matter.
Expert witnesses may be needed when scientific, technical, or other specialised
knowledge may assist in the understanding of evidence or facts in issue.2
2
[Link]
%20to%20Briefing%20Experts%20-%201st%20edition%[Link]
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14. What is hearing etiquette?
When participating in a real estate hearing, it's important to observe proper hearing
etiquette. This term refers to the respectful behaviors expected from everyone involved
in the hearing, which helps ensure that the process runs smoothly and effectively.
Hearing etiquette involves following the proper protocols for entering, participating in,
and exiting the hearing. It also includes using respectful language and a suitable
demeanor when addressing the hearing. Here are some key points to keep in mind
about hearing etiquette:
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CPPREP4503 - Present at hearings in real estate Version 3
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WRITTEN ACTIVITY CHECKLIST
Written Activity Checklist
For this assessment, the learner must complete the written activity.
The written activity is a stand-alone activity that will allow the learner to display the
requirements of the performance criteria and knowledge evidence in this unit that are
essential when deciding overall competency.
Assessor Name:
Yes No
Feedback to Learner:
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PRACTICAL ACTIVITY
The following task is to be demonstrated and assessed in a simulated workplace
environment.
For this task you will require access to and the use of:
For this task you are to complete the following activity to demonstrate your ability to
present hearings in real estate, including one (1) case for a simulated conciliation
session and one (1) case for a simulated hearing in real estate.
On each occasion, perform the following actions to prepare the case for hearing:
1. Examine, and record, the process for making an application for a hearing
2. Access and interpret the decisions and precedents which are relevant to the
matter to be heard. Provide these documented interpretations of decisions and
precedents.
3. Prepare and analyse the evidence and other documentation required for the
hearing
4. Seek advice from appropriate professionals to assist in preparing for the hearing.
Note the professionals advice was sought from, and the advice received.
5. Determine the need for expert witnesses, and document an explanation of their
role in the hearing
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6. Participate in the pre-hearing briefings
To prepare the documents and coordinate the attendees for each hearing:
10. Determine, and document, the purpose and role of conciliation in the hearing
process
11. Explore the opportunities to resolve the matter through conciliation. Document
this exploration.
12. Disclose the documented evidence that is to be used in the hearing
13. Assess any offers of conciliation against the likely outcome of continuing with the
hearing. Record this assessment.
14. Record relevant information during the conciliation process
15. Use the appropriate protocols for entering, participating in and leaving the
hearing
16. When addressing the hearing, use the appropriate manner and relevant language
17. Apply and comply with the hearing rules and procedures
18. Clearly and concisely outline the case
19. Respond appropriately to submissions from the respondents
20. Respond appropriately to any hearing questions and directions
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Perform the following actions to complete the hearing processes
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PRACTICAL ACTIVITY CHECKLIST
*Multiple copies of the checklist will need to be printed if the activity is to be performed
more than once.
For this assessment, the learner must complete the practical activity.
The practical activity is a stand-alone activity that will allow the learner to display the
knowledge and performance evidence that is essential when deciding overall
competency.
Assessor Name:
Yes No
On each occasion, as required, did the Learner provide evidence of their ability
to:
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Feedback to Learner:
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QUESTIONS
The following questions may be answered verbally with your assessor or you may write
down your answers. Please discuss this with your assessor before you commence. Short
Answers are required which is approximately 4 typed lines = 50 words, or 5 lines of
handwritten text.
Your assessor will take down dot points as a minimum if you choose to answer them
verbally.
Answer the following questions either verbally with your assessor or in writing.
1. From where might decisions and precedents that are relevant to matters to
be heard be accessed, so they can be interpreted?
2. What types of evidence might be prepared and analysed for the hearing?
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15. Discuss the different methods that may be used to store the documentation
and reports completed for the hearing
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QUESTIONS CHECKLIST
Questioning Checklist
The assessor needs to indicate whether they have conducted the questioning as
written questions or as verbal questions by ticking the box below.
For details on how to conduct and contextualise this form of assessment, please refer
to the questioning checklist explanation in the assessor guide.
Learner’s name:
Assessor’s name:
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How can documents be prepared for presentation to the
5 hearing?
Feedback to Learner:
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Result Satisfactory Not Yet Satisfactory
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CPPREP4503 - Present at hearings in real estate Version 3
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