LEVERAGE

ACADEMY

Residential Property
Sales and Management:
Legislation

 Group A - Residential Property Sales

 Group B - Residential Property Management

Victorian Version

@ [email protected]
0 Level 1, Suite 25, 3 - 9 Terminus St, Castle Hill NSW 2154
W www.leveragegroup.com.au
P 1300 438 538
RTO ID: 41017
 Participant Assessment Pack:
For Elective Units of Competency:
• Group A - Residential Property Sales
• Group B - Residential Property Management
Each Learner Assessment Pack is made up of two (2) parts:

Participant Declaration & Signature

Participant’s Name:

Address:
Tel: Mob: E-mail:

1. I have read and understood the Assessment information for participants on pages 3 to 5
of this assessment pack 

2. The work in the attached assessments is my own. I acknowledge and understand that
copying the work of others is plagiarism and will result in re-assessment 

3. I believe that I am ready for assessment 

4. I have received all the relevant tools and resources necessary to undertake assessment 
5. I have kept a copy of the work I am submitting 

Signed: Date:
Candidate’s comments:

For tutorial or assessment support: Return your completed assessment:

Leverage Academy Post to:
Ph: 02 9659 4025 Leverage Academy
Ph: 1300 438 538 PO Box 369 Castle Hill NSW 1765
Email: [email protected] Fax to: 02 9659 4633
Email: [email protected]

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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.
You are going to be assessed for:
 Your skills and knowledge using written and observation activities that apply to the
workplace.
 Your ability to apply your learning.
 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.

How you will be assessed

The process we follow is known as competency-based assessment. This means that evidence
of your current skills and knowledge will be measured against national standards of best
practice, not against the learning you have undertaken either recently or in the past. Some
of the assessment will be concerned with how you apply your skills and knowledge in the
workplace, and some in the training room as required by each 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 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 Satisfactory’ 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.

What if you disagree on the assessment outcome?

You can appeal against a decision made in regards to your assessment. An appeal should only be
made if you have been assessed as ‘Not Yet Competent’ against a specific unit and you feel you have
sufficient grounds to believe that you are entitled to be assessed as competent. You must be able to
adequately demonstrate that you have the skills and experience to be able to meet the requirements
of units you are appealing the assessment of.
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

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 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.

What if I believe I am already competent before training?

If you believe you already have the knowledge and skills to be able to demonstrate
competence in this unit, speak with your trainer, as you may be able to apply for Recognition
of Prior Learning (RPL).

Assessor Responsibilities
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.
 Ensure that all documentation is signed by the learner, trainer, workplace
supervisor and assessor when units and certificates are complete, to ensure that
there is no follow-up required from an administration perspective.
 Ensure that their own qualifications are current.
 When required, request the manager or supervisor to determine that the learner is
‘satisfactorily’ demonstrating the requirements for each unit. ‘Satisfactorily’ means
consistently meeting the standard expected from an experienced operator.
 When required, ensure supervisors and learners sign off on third party assessment
forms or third party report.
 Follow the recommendations from moderation and validation meetings.

How should I format my assessments?

Your assessments should be typed in an 11 or 12 size font for ease of reading. You must
include a footer on each page with the learner name, unit code and date. Your assessment
needs to be submitted as a hardcopy or electronic copy as requested by your trainer.

How long should my answers be?

The length of your answers will be guided by the description in each assessment, for
example:

Type of Answer Answer Guidelines

Short Answer 4 typed lines = 50 words, or
5 lines of handwritten text
Long Answer 8 typed lines = 100 words, or
1
10 lines of handwritten text = of a foolscap page
3

How should I reference the sources of information I use in my assessments?

Include a reference list at the end of your work on a separate page. You should reference the
sources you have used in your assessments in the Harvard Style. For example:
 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.
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.
Questions All questions answered Incorrect answers for one
correctly or more questions
Answers address the Answers do not address the
question in full; referring to question in full. Does not
appropriate sources from refer to appropriate or
your workbook and/or correct sources.
workplace
Written Activity The assessor will mark the Does not follow
activity against the detailed guidelines/instructions
guidelines/instructions
Attachments if requested Requested supplementary
are attached items are not attached
All requirements of the Response does not address
written activity are the requirements in full; is
addressed/covered. missing a response for one
or more areas.
Responses must refer to One or more of the
appropriate sources from requirements are answered
your workbook and/or incorrectly.
workplace Does not refer to or utilise
appropriate or correct
sources of information
Attachments if requested Requested supplementary
are attached items are not attached

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 Part A – Written Activity – Short Answers
As part of your assessment of this unit of competency you are required to complete the following
written short answer questions
Participant Instructions:
 Read the questions carefully to ensure you have understood them.
 Provide your response in the space provided as directed.
 You MUST handwrite your name and signature onto every page you submit with your
assessment. Failure to do so will result on your assessment being returned to you
unassessed.
 Contact your assessor if you require further clarification
Assessor to complete shaded areas: S NYS

1. The following are a number of Acts and Regulations. For each line confirm if the
Legislation applies to Residential Property Sales and Management (RPS&M). If yes,
then note if it is Commonwealth (Com) or Victoria (VIC) Legislation (or Write ‘N/A’
for not applicable)
Two completed examples have been provided.

RPS&M Legislation name Com/ACT

Yes Residential Tenancies Act 1997 VIC

No International Privacy Act 2013 N/A
Yes Age Discrimination Act 2004 Com  
Yes Fair Work Act 2009 Com  
No Occupational Health and Safety Act 2015 N/A  
Yes Disability Act 2006 VIC  
Yes Estate Agents Act 1980 VIC  
Yes Fair Work Act 2009 Com  
Yes Fair Trading Act 1999 VIC  
No Banking and Trustee Act 1992 N/A  
Yes Safe Work Australia Act 2008 Com  
Yes Estate Agents (Professional Conduct) Regulations 2018 VIC  
Yes Privacy Act 1988 Com  
Yes Environment Protection Act 1970 VIC  
Yes Retail Leases Regulations 2013 VIC  
No Residential Tenancies Regulation 1972 N/A  
Yes Residential Tenancies Regulations 2019 VIC  
Yes Sale of Land Act 1962 VIC  
Yes Racial Discrimination Act 1975 Com  
Family & Divorce Law Act 1975 N/A  
Yes Native Title Act 1993 Com  
Yes Privacy and Data Protection Act 2014 VIC  
Participant’s name: Signature:

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 Part B – Written Activity – Long Answers
As part of your assessment of this unit of competency you are required to complete the following
written short answer questions
Participant Instructions:
 Read the questions carefully to ensure you have understood them.
 Provide your response in the space provided in your own words.
 If you are submitting on a separate document, please include the original question with
your answer. As a guide, responses should be approximately up to 8 typed lines = exceed 50
words but no more than 100 words, or up to 10 lines of handwritten text.
 All questions relate to Commonwealth and Territory legislation and their application for
‘Residential Property Sales and Management’
 You MUST handwrite your name and signature onto every page you submit with your
assessment. Failure to do so will result on your assessment being returned to you
unassessed.
 Contact your assessor if you require further clarification
Assessor to complete shaded areas: S NYS

1. What responsibilities do employers have when making merit-based employment

decisions?
It is the responsibility of all employers, to ensure that they make merit-based
employment decisions and are not swayed by their own personal opinion or  
discriminatory bias. This means that the most qualified person should be selected
and their proven skills and knowledge should best match the position.

2. What Legislation covers anti-discrimination and equal employment opportunity? List

five (5)

1. Age Discrimination Act 2004  

2. Disability Discrimination Act 1992  

3. Racial Discrimination Act 1975  

4. Sex Discrimination Act 1984  

5.  
3. What are the principles of Equal Employment Opportunity (EEO) and employees
should not be bullied or treated differently due to what range of different factors?

Equal Employment Opportunity (EEO) is the principle that everyone can have equal
access to employment opportunities based on merit, without fear of discrimination
 
or harassment. Having an Equal Employment Opportunity policy can help promote
workplace diversity and minimise discrimination, harassment and bullying in the
workplace. A well-written policy also provides clear procedures in case of a
complaint.  

It is vital that potential discrimination issues are identified within the agency and an
examination of agency policies, procedures and the application of these policies and

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 procedures is carried out to ensure that the agency does not directly or indirectly
promote discrimination. All staff should be trained in how to identify and handle
matters relating to discrimination, particularly in relation to dealing with landlords
and tenants during the tenancy application and selection process.
Participant’s name: Signature:
Assessor to complete shaded areas: S NYS

4. As an employer, what are some employment and industrial relations

requirements?
All real estate agencies must ensure that they follow all industry guidelines and
award requirements to ensure that all personnel employed by the agency and as a  
part of the marketing plan for the property are treated in a legal and ethically
compliant manner.
Employment and Industrial relation requirements may include:
• Awards, Rates of pay
• Conditions, Negotiations of conditions
• Breaks
• Hours of work
• Rights
• Enforcing of rights
5. What is the OHS Act and Regulation for Victoria and what is its purpose?
Act: Occupational Health and Safety Act 2004  
Reg: Occupational Health and Safety Regulations 2017  
In the real estate industry, the cars, and clients’ homes are considered to be
workplaces for the purposes of the Work Health and Safety Act.  
The WHS Act requires all persons conducting a business or undertaking person
conducting a business or undertaking (PCBU) to ensure, so far as is reasonably
practicable, the health and safety of workers.
This primary duty of care requires duty holders to ensure health and safety, so far
as is reasonably practicable, by eliminating risks to health and safety. If this is not
reasonably practicable, risks must be minimised so far as is reasonably
practicable.

6. What legislation would you refer to for anti-money laundering?

1. Financial Transaction Reports Act 1988  
2. Anti-Money Laundering and Counter-Terrorism Financing Act 2006  
7. What legislation should be complied with in the financial sector? List five (5)
1. Australian Securities and Investments Commission Act 2001  
2. Australian Securities and Investments Commission Regulations 2001

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 3. Corporations Regulations 2001  

4. Banking Act 1959  

5. Privacy Act 1988  

 
Participant’s name: Signature:
Assessor to complete shaded areas: S NYS

8. What are the two Victorian legal requirements that apply to agents and residential
property sales and what are some of the main factors that are covered?
Act: Residential Tenancies Act 1997  
Reg: Residential Tenancies Regulations 2019  
There is a range of factors that will be covered by the residential tenancies act and
regulation, and these may include:
• Tenancy agreements
 
• Tenant rights
• Landowner rights
• Legal obligations
• Disputes
• Complaints
• Bonds

9. What are the two Victorian legal requirements that apply to the residential leases and
tenancy agreements and what are some of the main factors that are covered?
Act: Residential Tenancies Act 1997  
Reg: Residential Tenancies Regulations 2019  
There is a range of factors that will be covered by the residential tenancies act and
regulation, and these may include:
• Tenancy agreements
 
• Tenant rights
• Landowner rights
• Legal obligations
• Disputes
• Complaints
• Bonds

10. What is the purpose of the Competition & Consumer Act 2010?
The Competition & Consumer Act 2010 has been put in place to ensure that all of
the actions that take place within the marketplace including the public sector are  
fair, safe and in line with all relevant industry codes of practice.

11. The Competition & Consumer Act 2010 sets what range of actions that must be
undertaken in order to ensure that consumer’s rights are protected?

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 The consumer protection Act sets out a range of actions that must be undertaken
in order to ensure that consumer’s rights are protected through a range of
requirements including:
• Safety  
• Warranties
• Refunds
• Returns
• Information provision

Participant’s name: Signature:

Assessor to complete shaded areas: S NYS

12. What are the two Victorian legal requirements that apply to agents and residential
property regarding environmental issues?
Act: Environment Protection Act 1970  
Reg: Environment Protection Regulations 2021  
What is the purpose of the Legislation and what are some of the environmental
protection requirements?
• Organisational/project environmental management plan
• Waste management  
• Water quality protection
• Noise
• Vibration
• Dust and clean-up management

13. What are the two legal requirements that apply to Privacy?
Act Commonwealth: Privacy Act 1988  
Act Victoria: Privacy and Data Protection Act 2014  
What do the Privacy Acts include and what are the objectives?
The Privacy Act includes:
• 13 Australian Privacy Principles that apply to the handling of personal
 
information by most Australian Government agencies and private sector
organisations
• Credit reporting provisions that apply to the handling of credit-related personal
information that credit providers are permitted to disclose to credit reporting
bodies for inclusion on individuals’ credit reports
The Privacy Act also:
• Regulates the collection, storage, use, disclosure, security and disposal of
individuals' tax file numbers
• Permits the handling of health information for health and medical research
purposes in certain circumstances, where researchers are unable to seek
individuals' consent
• Allows the information commissioner to approve and register enforceable app
codes that have been developed by an app code developer, or developed by the
information commissioner directly
• Permits a small business operator, who would otherwise not be subject to the
Australian privacy principles (apps) and any relevant privacy code, to opt-in to

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 being covered by the apps and any relevant app code
How can an agency maintain confidentiality of customer information?
When managing customer information, it is ethical to ensure that a range of steps
is undertaken in order to maintain the confidentiality of this information.
All agency personnel have an ethical responsibility, to uphold the confidentiality of
customer information and this can be achieved through:  
• Effective management of client information
• Secure storage for client information
• Protective procedures and practices to maintain client confidentiality
• Ensuring staff are effectively trained in methods used to maintain the
confidentiality of client information
Participant’s name: Signature:
Assessor to complete shaded areas: S NYS

14. What are the ethical and regulatory standards associated with marketing & selling
property? (Name and explain)

1. M____________________& D__________________C________________

misleading and deceptive conduct

 

2. F________________R____________________

false representation
 

3. P______________A_____________________

price advertising
 

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 4. A_____________& D________________________________________________

advice and disclosure

 

5. F____________________D______________

Fiduciary duty

 

Participant’s name: Signature:

Assessor to complete shaded areas: S NYS

14. What are the ethical and regulatory standards associated with marketing & selling
Cont. property? (Name and explain)

6. C___________________ of I___________________________

Conflicts of interest  

15. Abiding by ethical practices with tenancy agreements, what is a ‘disclosure

statement’ and what should it include?

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 A disclosure statement is a document that the landlord must
Give a tenant when entering into or renewing a lease. It outlines essential lease
Information, so the tenant can understand, at a glance, the key elements of the
lease.  
It may include, for example:
o The term, or duration of the lease
o Whether there are options for further terms
o The occupancy costs for leasing the premises (including rent and any outgoings)
o Specific information for shopping centre leases
o Tenant’s fit-out requirements
o If there are any relocation or demolition clauses
https://www.vsbc.vic.gov.au/your-rights-and-responsibilities/accurate-
leaseinformation/

Participant’s name: Signature:

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 Assessor to complete shaded areas: S NYS

16. Explain the standards for privacy and confidentiality, relating to a landlord and tenant?
a. Basic overview of the above question
The Residential Tenancies Act 1997 states that the tenant has a right to ‘quiet
enjoyment’ of their premises. The lessor or lessor’s agent must not interfere with the  
reasonable peace, comfort or privacy of the tenant in using the premises.
Landlords and real estate agents do have some rights of entry, but they must meet
certain requirements. If they don’t meet these requirements, the tenant is not
required to admit them into the premises.

b. As long as proper notice is given, the landlord or agent has a right to enter a
tenant’s home, and may bring someone else with them if needed to achieve the
reason for the entry, if:

The landlord or agent may also enter your home for any reason if you have given
your consent to the entry within the last 7 days. This entry can be at any time you  
have agreed to and again the landlord or agent may bring someone else, such as a
tradesperson, with them if needed to achieve the reason for the entry.
If they have given proper notice, you have a duty to allow the landlord or agent to
enter the premises, even if the time doesn’t suit you or you won’t be home.
However, you may be able to negotiate a time that will suit you better. The
person entering your home must behave in a reasonable manner and must leave
as soon as they have finished what they came for.
Unless the landlord or agent follows the correct procedures, it is an offence for them
to enter your premises without a reasonable excuse.

c. If the landlord or agent wants to enter a tenant’s home, they must:

• give you at least 24 hours’ written notice of their intention to visit, stating a valid
reason why they want to visit  
• deliver the notice by mail or give it to you in person between the hours of 8am and
6pm (if the notice is delivered by mail, they must add enough time for the mail to
be delivered. See Australia Post delivery times). The landlord might give you the
notice by electronic method such as email if you agree (see starting a tenancy for
more information on consenting to have notices sent electronically)
• only visit between the hours of 8am and 6pm, and not on public holidays
• not stay longer than necessary

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 Participant’s name: Signature:
Assessment:
Residential Property Sales and Management: Legislation
• Group A - Residential Property Sales
• Group B - Residential Property Management
(THIS PAGE - ASSESSOR USE ONLY)
Assessment Methods Used:
E Demonstration or Observation
A ✓ Written Questions – Short answers
F Role Play
B ✓ Written Questions – Long answers G Documentary Evidence Portfolio
C Case Study / Scenario H Verbal Interview
D Project / Assignment I Supervisor/ 3rd Party report

Assessment Outcome:
Part A – Written Short Answer Questions  Satisfactory  Not yet satisfactory
Part B – Written Long Answer Questions 
Satisfactory  Not yet satisfactory
Assessor Comments / Feedback / Recommendations:

The following questions are to be completed by the assessor: Yes No

Have the Learner’s rights and the appeal system been fully explained?  
Have you discussed any special needs to be considered during assessment?  
The evidence submitted for assessment is: Yes No
Valid (relates to the performance required for this unit)  
Sufficient (addresses all elements and performance criteria)  
Authentic (is the participant's own work)  
Current (demonstrates competency now)  
Outcome for this unit  Competent  Not competent
Learner Declaration
I declare that:
 The material I have submitted is my own work
 I have kept a copy of all relevant notes & reference material that I used in 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

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 Learner Signature: Date:
Assessor Declaration
The required skills & knowledge for this unit of competency have been demonstrated in the
evidence and assessed at AQF level 4.
The participant is Competent in: Assessor Name:
Residential Property Sales and Signature:
Management: Legislation
Date:

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