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STUDENT ASSESSMENT

STUDENT ASSESSMENTCPP41419 Certificate IV in Real Estate PracticeCPPREP4002 Access and interpret ethical practice in real estate CPPREP4003 Access and interpret legislation in real estate
Australian College of Business & Training
RTO 40493
Shop 1, 380 Church Street, PARRAMATTA NSW 2150
P: 02 9630 9999
E: [email protected]
W: www.auscbt.com.au
Document History & Version Control
April 2020
V 1.0
August 2020
V 1.2
2020 Australian College of Business & Training Pty Ltd
All rights reserved. This work is copyright. No part of this document may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the RTO. Unauthorised use of these resources is illegal under Australian Copyright law and any individuals or organisations found to be using these resources outside of a valid licence will be prosecuted to the full extent permitted by law. This is a modified document based on resources owned by Eduworks Resources.
Assessment Overview 4
Assessment Task Summary 4
Assessment Documents 4
Assessment Task Cover Sheet 4
The Assessment Process and Your Rights 5
Submitting your Assessment Tasks 5
Assessment Attempts and Resubmissions 5
Assessment Outcomes 5
Plagiarism, Cheating and Collusion 5
Assessment Appeals 6
Reasonable Adjustment 6
Information about Assessment 6
Dimensions of Competency 6
Principles of Assessment and Rules of Evidence 7
Principles of Assessment 7
Rules of Evidence 7
Glossary of Instructional Task Words 8
Assessment Plan 9
Assessment Task Cover Sheet Assessment Task 1 10
Assessment Task 1: Written Questions 12
Assessment Task Cover Sheet Assessment Task 2 35
Assessment Task 2: Case Study 37
Assessment Task Cover Sheet Assessment Task 3 43
Assessment Task 3: Legislation Report 45
Assessment Task Cover Sheet Assessment Task 4 47
Assessment Task 4: Ethics Report 49
Assessment Overview
This Student Assessment Booklet includes all of your assessment tasks for Legal and Ethical Practice which consists of the following units:
CPPREP4002 Access and interpret ethical practice in real estate
CPPREP4003 Access and interpret legislation in real estate
Assessment Task Summary
This cluster requires you to complete four assessment tasks. You must satisfactorily complete all tasks to achieve competency for this units in this cluster.
Assessment Task
Assessment Method
Task Summary
Assessment Task 1: Written Questions
Questions and Answers
Students must correctly answer all questions in this task to show that they understand the knowledge required of this unit/topic.
Assessment Task 2: Case Study
Questions
For this assessment task, you will identify and read the guidance material relating to the issue of stigmatised properties in real estate. Your task is to use the guidance material provided by your trainer to help you interpret the legislation which relates to this issue for estate agents and clients.
Assessment Task 3: Legislation Report
Report
Students will access and analyse two pieces of current legislation related to real estate practice in their state or territory. The legislation can be related to their own state or territory or can be federal legislation. Students must complete all parts of the report for each piece of legislation.
Assessment Task 4: Ethics Report
Report
Students will access a published real estate industry prosecution where consumer protection requirements were breached. They should develop a report based on this prosecution using the headings included.
Assessment Documents
Assessment Task Cover Sheet
At the beginning of each task in this booklet, you will find an Assessment Task Cover Sheet. Please fill it in making sure you sign the student declaration.
Ensure if you are unable to sign the deceleration, to print it out sign and submit with your email submission
The Assessment Process and Your Rights
Submitting your Assessment Tasks
When you have completed your assessment tasks, you will need to submit them, according to the instructions provided to you by your assessor or RTO.
If you are provided with a due date, you must make sure you submit your tasks in accordance with it. You may be required to apply for an extension if you require extra time, according to the policies and procedures set in the Student Handbook.
Make sure you keep a copy of your tasks before you submit them. Our RTO will need to keep them as evidence and may not be able to return them to you.
Instructions about submission
In order to submit assessments, you need to attach all documents into one email
Ensure each document title contains your full name after the code e.g. CPPREP4001 John Smith
Assessments must be submitted to [email protected]
In the body of the email, you must provide your full name, USI number, postal address, class dates and phone number
Your coversheet must be completed with a proper signature and attached in your submission email
Assessment Attempts and Resubmissions
You have up to three attempts to complete each assessment tasks satisfactorily. If after the third attempt, you have not completed a task satisfactorily, your assessor will make alternative arrangements for assessment, which may involve additional training and time to consolidate your skills and knowledge. When you are required to resubmit, you may be required to:
Resubmit incorrect answers to questions (such as written tasks and case studies)
Resubmit part or all of a project, depending on how the error impacts on the total outcome of the task
Redo a role play after being provided with appropriate feedback about your original performance
Being observed a second (or third time) undertaking any tasks/activities that were not satisfactorily completed the first time, after being provided with appropriate feedback
When you are required to resubmit, you ll be given a due date for your resubmission. You will:
Be given 30 days in which to resubmit incorrect responses to written tasks, projects and so on
Be provided with feedback about your performance in a role play and then being required to complete the role play again at a future meeting with your assessor
Need to complete workplace-based tasks again during the same workplace visit or additional workplace observations may need to be scheduled (as applicable)
All re-submissions will be conducted in accordance with the policies and procedures set out in the Student Handbook.
Assessment Outcomes
Each assessment task will be given an outcome of either Satisfactory (S) or Not Satisfactory (NS). You must complete all tasks satisfactorily to achieve an overall outcome of Competent (C) for a unit. If one or more of tasks are assessed as Not Satisfactory, you will be given an outcome for the unit of Not Yet Competent (NYC).
You will be given a total of three attempts to complete each task and achieve a Satisfactory outcome. In the case of resubmission, you will be given a date by which you will need to resubmit, and you ll be given feedback about what needs to be addressed in your resubmission.
Plagiarism, Cheating and Collusion
Plagiarism, cheating and collusion on assessments is not acceptable. Any incidence of this is considered academic misconduct. The definitions of each of these are below.
Cheating seeking to obtain an unfair advantage in the assessment of any piece of work.
Plagiarism to take and use the ideas and/or expressions and/or wording of another person or organisation and passing them off as your own by failing to give appropriate acknowledgement. This includes material from any sources such as staff, students, texts, resources and the internet, whether published or unpublished.
Collusion unauthorised collaboration between students.
Where your assessor believes there has been an incident of academic misconduct involving plagiarism, cheating, and/or collusion, this will be addressed in line with the RTO s policies and procedures which may ultimately lead to your withdrawal or you needing to complete the whole unit again.
Assessment Appeals
If you don t agree with an assessment decision made, you have the right to appeal it. You may need to lodge your request for an appeal within a certain amount of time from the original decision being made. You will need to make your appeal in writing and follow your RTO s process for appeals. Refer to your Student Handbook for more information about our appeals process.
Reasonable Adjustment
A legislative and regulatory framework underpins and supports the delivery of vocational education and training across Australia. Under this framework, providers of vocational education and training must take steps to ensure that students with recognised disabilities have the same learning opportunities and same opportunities to perform and complete assessments as students without disabilities. Sometimes reasonable adjustments are made to the learning environment, training delivery, learning resources and/or assessment tasks to accommodate the particular needs of a student with a disability. An adjustment is reasonable if it can accommodate the student s particular needs while also taking into account factors such as:
The views of the student
The potential effect of the adjustment on the student and others
The costs and benefits of making the adjustment
RTOs are obliged by law to provide reasonable adjustments where required to ensure maximum participation of students with a disability.
Making reasonable adjustments requires the RTO to balance the need for change with the expense or effort involved in making this change. If an adjustment requires a disproportionately high expenditure or disruption it is not likely to be reasonable.
Please discuss with your assessor if you believe a reasonable adjustment to an assessment task, method or process needs to be made on the basis of disability.
Information about Assessment
Dimensions of Competency
To be competent, you must show your ability to perform effectively in a broad capacity. The dimensions of competency ensure the person being assessed has the skills to perform competently in a variety of different circumstances. To be competent, you must demonstrate the following:
Task Skills: The skills needed to perform a task at an acceptable level. They include knowledge and practical skills, and these are usually described in the performance criteria.
Task Management Skills: These are skills in organising and coordinating, which are needed to be able to work competently while managing a number of tasks or activities within a job.
Contingency Skills: The skills needed to respond and react appropriately to unexpected problems, changes in routine and breakdowns while also performing competently.
Job Role/Environment Skills: The skills needed to perform as expected in a particular job, position, location and with others. These skills may be described in the range of variables and underpinning skills and knowledge.
Principles of Assessment and Rules of Evidence
Assessment must be conducted in accordance with the rules of evidence and principles of assessment (definitions from the Users Guide: Standards for Registered Training Organisations (RTOs) 2015).
The following are the definitions of the Principles of Assessment and Rules of Evidence.
Glossary of Instructional Task Words
Your assessment tasks use a range of instructional words throughout them such as compare and list. These words will guide you as to the level of detail you must provide in your answers. Some questions will also tell you how many answers you need to give for example, Describe three strategies . Use the below glossary to guide you on interpreting the words in the tasks.
Analyse This means you should break an issue down into its component parts, discuss them and show how they relate. You should discuss the issue in detail and methodically.
Compare This means you should describe the similarity or differences between two or more things, ensuring you also discuss the relevance of the differences. You may also be asked to contrast , as in compare and contrast , which means you are also focusing on the dissimilarity.
Describe This means you should outline the most noticeable qualities or features of an idea, topic or the focus of the question.
Explain This means you need to make something clear or show your understanding by describing it or providing information about it. You will need to make clear how or why something happened or is the way it is.
Identify You must recognise something and indicate who or what the required information is. The length of the answer should be guided by what you are being asked to identify.
List You must record short pieces of information in a list form with one or two words, or sentences on each line.
Assessment Plan
The following outlines the assessment requirements for this cluster. You are required to complete all assessment requirements outlined below to achieve competency for all units in this cluster.
Your assessor will provide you with the due dates for each assessment task. Write them in the table below.
Assessment Tasks
Assessment Task 1 Written Questions
Assessment Task 2 Case Study
Assessment Task 3 Legislation Report
Assessment Task 4 Ethics Report
Agreement by the student
Read through the assessments in this booklet before you fill out and sign the agreement below. Make sure you sign this before you start any of your assessments.
Have you read and understood what is required of you in terms of assessment?
Yes
No
Have you read and understood the RTO s policies and procedures related to reassessment?
Yes
No
Do you understand the requirements of this assessment?
Yes
No
Do you agree to the way in which you are being assessed?
Yes
No
Do you have any special needs or considerations that must be made in preparation for this assessment? If yes, what are they?
__________________________________________________________________
Yes
No
Do you understand your rights to appeal the decisions regarding assessment?
Yes
No
Student Name: __________________________________________________
Student Signature: _______________________________________________ Date: _______________
Assessor Acknowledgment
Assessor Name: _________________________________________________
Assessor Signature: ______________________________________________ Date: _______________
CPPREP4002 & CPPREP4003 Cover Sheet
Students: Please fill out this cover sheet clearly and accurately. Make sure you have kept a copy of your work.
Name:
USI:
Date of submission:
Cluster:
Legal and Ethical Practice
Units:
CPPREP4002 Access and interpret ethical practice in real estate CPPREP4003 Access and interpret legislation in real estate
No. of Pages in Submission:
Assessor to complete
Assessment Task Number & Title
Satisfactory/Not satisfactory
Date
Is this a reassessment? Y/N
Assessment Task 1: Written Questions
Assessment Task 2 Case Study
Assessment Task 3 Legislation Report
Assessment Task 4 Ethics Report
STUDENT DECLARATION
I __________________________________________________ declare that these tasks are my own work.
None of this work has been completed by any other person.
I have not cheated or plagiarised the work or colluded with any other student/s in the completion of this work.
I have correctly referenced all resources and reference texts throughout these assessment tasks.
I understand that if I am found to be in breach of the RTO s policies, disciplinary action may be taken against me.
Student Signature: _______________________________________________ Date: _______________
Assessment Task 1: Written Questions
Task summary
This is an open book written assessment.
There are 26 questions and some questions have sub-parts.
You must answer all questions and their parts correctly to achieve a satisfactory outcome for this task.
Resources and equipment required
Access to your learning materials
Access to a computer, printer, internet and email software (if required)
Access to Microsoft Word (or a similar program)
Where and when this task will be completed
You will complete this task in your own time, or you may be provided with time in class to complete it (where applicable)
You will be advised of the due date for this task
What happens if you get something wrong
If your assessor marks any of your answers as incorrect or insufficient, they will make arrangements with you for resubmission. Your assessor may ask you some questions verbally to check your understanding, or you may need to provide new written responses to the questions that were answered incorrectly. Your assessor will give you a due date by which this must be provided.
Task instructions
This is an open book written assessment you can use your learning materials as reference You must answer all questions and their parts correctly to achieve a satisfactory outcome for this task Refer to the Glossary of Instructional Task Words for descriptions of instructional words to guide you in the level of response required in each question
Question 1
Identify two sources of legislation which apply to real estate in New South Wales. Include one Commonwealth and one New South Wales source (Provide a screenshot or link as evidence of the sources you have located.
Question 2
Write a brief definition of each of these terms:
Common law
Statute law
Equity law
Contract law
Question 3
Create a hierarchy chart or diagram to show your state/territory s court levels. A chart showing the hierarchy of federal court levels has been provided for you as an example.
Federal:
State/Territory:
Question 4
Complete this table to provide a definition and example of each of the following terms:
Term
Definition
Example
Act
Regulation
Amendment
Mandatory code of practice
Schedule
Write a definition for each of these terms related to the reading rules:
Golden
Literal
Purposive (mischief)
Context
Question 5
Complete the table to show whether each statement is true, and provide a reason for your choice:
Statement
True or False?
My reason
Legislation rarely uses the terms and/or in combination.
If the term he is used in legislation, it can be assumed that it also refers to she .
Provision A in an Act will generally have the same weighting as Provision B .
If legislation states that provision A is subject to provision B , then we can read that as meaning that Provision A dominates Provision B .
Legislation can contain both includes and does not include terms.
If items are included in a list, then no other items can be taken to have meaning in that list.
Must is a term which means it is not obligatory and you do not have to do it.
Should can be used to make a recommendation.
May can be used when something should definitely happen and there is no other option.
Question 6
Locate a current and in force copy of an Act of parliament (Commonwealth or state/territory). Print or download a full copy of the Act. Using highlighters or markers (print) or the highlighter tool (digital), mark up the legislation to show the following items:
Long title
Short title
Commencement
Application
Contents
Definition example
One heading
One part
One division
One subdivision
One clause
One subclause
One schedule or appendix
You may choose to use more than one Act in order to include all the items required. For example, if the Act you choose does not have an appendix, you may choose a second Act and only highlight the appendix it contains.
Question 7
Complete the table by writing the title of a Commonwealth or New South Wales law which relates to each area in the first blank column and note if the legislation is Commonwealth or state/territory
Area
Legislation Title
Commonwealth, State/Territory
Real estate agents licensing and conduct
Property sales and management
Privacy
Fair trading and consumer protection
Anti-discrimination and equal opportunity
Work health and safety/ occupational health and safety
Environmental sustainability
Employment and industrial relations
Planning and zoning
Foreign investment
Secret commissions
Question 8
Who is the regulator for the real estate industry in New South Wales? Identify the regulator and provide the link to their website.
Identify at least two roles performed by the regulator.
Question 9
New South Wales A person pretends to be a stock and station agent and arranges the sale of cattle from a rural property despite holding no licence as a real estate agent or as a stock and station agent.
What is the Act which may be relevant in this situation?
Have they complied with their responsibilities under the Act?
Should they have done anything differently?
What is the possible penalty unit that could apply in this situation?
Question 10
Identify a standard or principle within the code of conduct or practice for New South Wales, and one related clause from the legislation. Write the name of the legislation, the relevant clause and the number or item for the standard or principle in the spaces below.
State/territory
Standard/Principle
Name of code of conduct or practice
Legislation short title
Related cause
.
Question 11
Locate and attach a screenshot to show how you can locate and compare a previous point in time version of an act or regulation for your state or territory with a current version.
Question 12
Whose responsibility is it to maintain current knowledge of legislation related to real estate in your state or territory? Tick all the statements which are true:
It is my responsibility under the legislation to maintain my knowledge
It is the responsibility of the agency principal/licensee in charge to provide professional development
It is the responsibility of the regulator to provide training
It is the responsibility of my professional organisation to provide training
It is the responsibility of the Commonwealth government to provide training
Describe three strategies you might use to comply with your responsibilities to maintain current knowledge of real estate legislation.
Question 13
Identify two websites, people or organisations who could provide you with advice and guidance about legislation in relation to real estate in New South Wales.
Question 14
In legislation, a clause refers to a list of items as follows: cows, horses, sheep and other animals.
Which other animals might be likely to be included in the list, despite being not directly referenced in the clause? Tick all which would be true:
Giraffes
Snakes
Monkeys
Goats
Donkeys
Pigs
Gorillas
Question 15
Locate the current version of the Acts Interpretation Act (1901). Using this act, what is the meaning of the term business day in Part 2B Definitions?
Using the same act, what are three terms which have the same meaning as person as referred to in Section 2 C References to persons ?
Question 16
If there is a discrepancy between Commonwealth and New South Wales legislation, which usually prevails?
If there is a discrepancy between an Act and a piece of subsidiary legislation, which usually prevails?
Identify a way by which you could seek guidance in a situation where there is a discrepancy between two pieces of legislation?
Question 17
What are three strategies you could use to respond to a client complaint within the context of the complaints resolution process in a real estate setting?
Write three statements you could say to clearly communicate information about the rights and responsibilities of consumers in a real estate transaction.
Make a short video clip (approx. 1 minute for each) or use face to face demonstration to your assessor to show how you use communication skills to communicate in an ethical manner with each of the following parties:
A customer who is enquiring about leasing a unit
A vendor who has limited reading and writing skills in English
A supplier who wants to know when a bill which has been submitted to your agency will be paid
A potential buyer who is confused about the online advertising of a business property they are considering leasing
Question 18
Complete the table with an explanation of the terms:
Term
Explanation
Hansard
Explanatory note
Legal dictionary
Subordinate legislation
In force
Preamble
Reader s guide
Amendment
Judgement
Fiduciary relationship and duty
Question 19
What does the term rights-oriented interpretation mean in the context of interpreting legislation as a whole?
Question 20
What is the difference between external and internal aids to interpreting legislation?
Question 21
A real estate agent decides to use a shortened form of a contract rather than the longer form. The estate agent briefly reads the legislation but does not read it in detail and so simply believes the contract they have purchased is valid. A judicial decision later finds that the contract does not comply with the relevant legislation.
What are two possible outcomes that might happen as a result of the agent misinterpreting the legislation?
Provide two of potential long-term consequences of the agent s actions for the agent and their agency.
Question 22
Provide an example of a potential risk resulting from fraudulent activity in a real estate transaction with a client for each of the following categories:
Risk to a client
Risk to the agency
Risk to the industry
Risk to the community
Risk to yourself
Question 23
Locate the ethical standards/code of conduct for your state or territory, a relevant consumer protection website and the website for the Australian Privacy Principles. Use these sources of information to complete this table:
Principle
What it means to you
A practical example
Privacy and confidentiality
Security of customer information
Maintaining independence
Referrals
Price guide recommendations
Acting according to client authority and instructions
Disclosing and managing real and potential conflicts of interest
Discrepancies between own practice, agency practice and those of the industry standards
Demonstrating knowledge of legislation in real estate activities
Demonstrating knowledge of legislation in financial transactions
Disclosing beneficial interests
Disclosing commissions
Disclosing rebates
Relationship and priority arrangements between the code of practice/ conduct and legislation
Question 24
Tick which of the following are true when preparing a contract for the sale of a property:
The contract can be verbal
A handshake deal is appropriate
The contract must be in writing
The contract should be prepared by or checked by a qualified solicitor or conveyancer
The contract is legally binding once it is signed by the vendor and the buyer
The contract of sale is subject to a cooling off period of two weeks
The contract of sale can absolutely never be cancelled once the cooling off period has been completed
On the contract settlement day, final checks are made, legal documents are exchanged and the payment of the purchase price is paid
Your agency policies and procedures, along with legislative and regulatory requirements, should guide your communication about contracts with clients
I should access and apply the relevant legislation for my state or territory when completing a contract of sale with a client
I do not have a responsibility to research, know or apply any legislation when completing a contract of sale with a client
If there is a discrepancy between the legislation and the code of practice/conduct regarding a contract, I should comply with the code of practice/conduct
I can seek assistance from a specialist such as a conveyancer or lawyer to prepare and complete a contract
Question 25
Describe briefly a practical example of a situation where two pieces of legislation may inter-relate in relation to a real estate context. Explain a problem which might arise if you only read, interpret and apply one piece of legislation without the other and how you could avoid this problem occurring.
Question 26
Write a set of at least four ethical behaviours that you intend to abide by in your work as a real estate agent, based on your knowledge and research into the foundations of ethics. Provide at least one source of information for your research into ethical foundations. Ensure you relate your set of ethical behaviours to real estate practice.
Write three sentences to explain how you will apply these ethical behaviours in your day to day practice as a real estate agent.
Assessment Task 2: Case Study
Task summary
For this assessment task, you will identify and read the guidance material relating to the issue of stigmatised properties in real estate. Your task is to use the guidance material provided by your trainer to help you interpret the legislation which relates to this issue for estate agents and clients.
Resources and equipment required
Access to textbooks and other learning materials
Access to a computer, printer, Internet and email software (if required)
Access to Microsoft Word (or a similar program)
Guidance materials related to stigmatised properties
Copy of relevant legislation for the state or territory and for Australian consumer legislation
Where and when this task will be completed
You will complete this task in your own time, or you may be provided with time in class to complete it (where applicable)
You will be advised of the due date for this task
What happens if you get something wrong
If your assessor marks any of your answers as incorrect or insufficient, they will make arrangements with you for resubmission. Your assessor may ask you some questions verbally to check your understanding, or you may need to provide new written responses to the questions that were answered incorrectly. Your assessor will give you a due date by which this must be provided.
Task instructions
Read the case study description and answer the questions which follow.
Case Study
Brent is the estate agent who is selling a residential property on behalf of his clients, Maeve and Krista who have owned the property for five years. Maeve and Krista have told Brent that they wish to sell and move to a new neighbourhood because the property was the location where there had been a serious violent crime committed. As a result, they no longer wish to live there and they have engaged Brent to assist them in achieving the sale of the property. Brent knows the neighbourhood well and is normally confident that he will be able to achieve a good price for the property, but he is cautious about how to approach the sale of this particular property. He too has heard the stories about the crime which has been committed and he is worried about how this might affect the sale price. He has a discussion with Maeve and Krista about the issue and they ask him to avoid telling any potential buyers about the property s history. He consults with his agency principal and asks for direction about how to manage the situation and is told that he should always act in the best interests of his clients, no matter what.
Questions
What is a material fact and how does it apply in this situation? What is one other example of a material fact that should be disclosed to a potential buyer?
Does Brent owe a duty to Maeve and Krista as the clients to act in their best interests?
Does Brent owe a duty to any other parties who may be involved in a real estate transaction?
Are there two potentially contradictory duties which affect Brent s choices in this situation? What are they, and how should he balance these duties?
Who is the regulator who might be involved in the situation if Brent acts incorrectly?
Complete this table to show one risk for each of the parties listed in relation to consumer protection and ethical behaviour:
Party
Risk
Brent
Brent s boss (agency principal)
Brent s real estate agency
The real estate industry
Maeve and Krista (the vendors)
A potential buyer of the property
Locate the code of practice from the peak body for real estate in your local state or territory, or the code of practice of the REIA; any relevant guidance documents that can assist you with the interpretation of legislation that relates to stigmatised properties in real estate transactions; and the website for the consumer protection authority in your local state or territory. Use these sources to assist you to write a paragraph explaining how Brent should use ethical decision making to decide how to respond to his clients Maeve and Krista.
Brent decides that he will follow the direction of the agency principal and avoid telling any potential buyers about the property s history. He designs advertising material which highlight the benefits of the property and works towards a quick sale with a short settlement so that there is less chance that there will be too much publicity about the sale of the property. He tells Maeve and Krista that there is no need to tell anyone about the history of the property and that his best advice is to sell the property quickly and quietly. He does not consult with anyone else or seek advice beyond that provided by his agency principal.
Should Brent make the decision to follow the advice of his agency principal? Why or why not?
Should Brent seek advice from anyone else before he goes ahead with organising the sale? If so, who?
Tick the behaviours that you believe Brent has shown in this situation:
Client focus
Client protection
Honesty
Professionalism
Skill
Diligence
Care
Fairness
Respect
Clear communication
Deceptive conduct
Misleading conduct
Illegal conduct
Unethical conduct
Assessment Task 3: Legislation Report
Task summary
Students will access and analyse two pieces of current legislation related to real estate practice in their local state or territory. The legislation can be related to their own state or territory or can be federal legislation. Students must complete all parts of the report for each piece of legislation.
Resources and equipment required
Access to textbooks and other learning materials
Access to a computer, printer, internet and email software (if required)
Access to Microsoft Word (or a similar program)
Access to current legislation (such as on the AUSTLII database)
Class notes, documents and information provided by the trainer
Where and when this task will be completed
You will complete this task in your own time, or you may be provided with time in class to complete it (where applicable)
You will be advised of the due date for this task
What happens if you get something wrong
If your assessor marks any of your answers as incorrect or insufficient, they will make arrangements with you for resubmission. Your assessor may ask you some questions verbally to check your understanding, or you may need to provide new written responses to the questions that were answered incorrectly. Your assessor will give you a due date by which this must be provided.
Task instructions
You will need to access two separate pieces of legislation for this task. These must be related to real estate practice and can be specific to your local state or territory or on a federal level. Ensure you access the most current versions of your chosen legislation.
Task 3 Legislation Report
Provide information on the Acts you have chosen in a report, using the list below. You must fully complete the list for each piece of legislation.
Full title of the legislation
The purpose of the legislation
The key components of the legislation (use a dot point list to describe the components)
Two breaches which are specified within the legislation
The penalties associated with each of the breaches above
A sentence to explain how you would identify the currency of the legislation
A dot point list showing how you would use steps to address any discrepancies in the application of the legislation for personal or agency practice
Assessment Task 4: Ethics Report
Task summary
Students will access a published real estate industry prosecution where consumer protection requirements were breached. They should develop a report based on this prosecution using the headings included in the Student Instructions below.
Resources and equipment required
Access to textbooks and other learning materials
Access to a computer, printer, internet and email software (if required)
Access to Microsoft Word (or a similar program)
Access to current legislation (such as on the AUSTLII database)
Access to codes of ethical practice/conduct for their state or territory
Class notes, documents and information provided by the trainer
Where and when this task will be completed
You will complete this task in your own time, or you may be provided with time in class to complete it (where applicable)
You will be advised of the due date for this task
What happens if you get something wrong
If your assessor marks any of your answers as incorrect or insufficient, they will make arrangements with you for resubmission. Your assessor may ask you some questions verbally to check your understanding, or you may need to provide new written responses to the questions that were answered incorrectly. Your assessor will give you a due date by which this must be provided.
Task instructions
You will need to access a published real estate prosecution where consumer protection requirements have been breached. You must complete a report that addresses each of the following points in the following list. You may prepare your report in a format agreed to between yourself and your assessor. For example, you could prepare a written report that addresses each of the checklist items on a separate page or section with headings and a table of contents.
Task 4 Ethics Report
Year of prosecution outcome
State or territory of occurrence
Name of real estate agent involved in the case
Screenshot or link to the relevant case prosecution information that you have used as the basis for this assessment task
Description of the unethical practice written as a dot point list or paragraph summary
A one to two paragraph explanation of how the unethical practice relates to consumer protection requirements (make sure you include details of what the consumer protection requirements are)
A one to two paragraph explanation of the real estate ethical standards or codes of practice which relate to the prosecution (these should be those which are relevant for your state or territory) and include those which could have been applied and would demonstrate ethical practice
Two possible options for responding to a situation where there is a discrepancy between the unethical practice (what happened in the prosecution described) and the ethical practice standards (what should have occurred)
One source of specialist advice that could be accessed to respond to the ethical dilemma posed in the situation
ASSESSOR FEEDBACK
Assessors: Please return this cover sheet to the student with assessment results and feedback.
A copy must be supplied to the office and kept in the student s file with the evidence.
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Assessor Signature: _____________________________________________________________________
Assessor Name: ________________________________________________________________________
Date: _______________

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