Legal Aspects of Practice Applicant to demonstrate the following competences - where applicable produce evidence: A commitment to maintaining awareness of changes in law. Understanding of different legal requirements in private practice and public sector. An understanding of the basic legal principles and how they apply professional landscape project and practice management such as: – Common law professional duty of care, court system – Equity common law and statutory obligations, application to workplace and to design, DDA – compliance. Contract law the concept of private law, validity of contracts, of contracts, contract documents, – standard forms, basic differences between employment, consultancy and construction contracts. Statute law the role of acts, regulations, codes and conventions and their impact on practice. – Real Property Law: Boundaries & neighbours, easements, land ownership. Intellectual property Law Copyright Moral Rights – – Environmental Law, Planning law, development approvals, heritage, bushfire and water management, Land & Environment Court. Employment Law: employee/ contractor, unions / sole trader Corporations Law: company / partnership/ sole trader The ability to clearly and confidently identify and relevant legal requirements in a range of practice situations public and private. – A clear and confident understanding of the role and limits of the professional consultant (private practice) as an advisor to the Client or contractor or other professionals. The various insurances required for practice eg the difference between professional indemnity and – public liability Provide high quality advice to the client or contractor or other professionals. Understanding of legal aspects in government context state and / or local. – Awareness of limits legally knowledge of when lawyer’s advice is required. – Mentor’s comments Assessment: Legal Aspects of Practice Competent or Not yet competent
Legal Aspects of Practice Applicant to demonstrate the following competences - where applicable produce evidence: A commitment to maintaining awareness of changes in law. Understanding of different legal requirements in private practice and public sector. An understanding of the basic legal principles and how they apply professional landscape project and practice management – such as: Common law – professional duty of care, court system Equity – common law and statutory obligations, application to workplace and to design, DDA compliance. Contract law – the concept of private law, validity of contracts, of contracts, contract documents, standard forms, basic differences between employment, consultancy and construction contracts. Statute law – the role of acts, regulations, codes and conventions and their impact on practice. Real Property Law: Boundaries & neighbours, easements, land ownership. Intellectual property Law – Copyright – Moral Rights Environmental Law, Planning law, development approvals, heritage, bushfire and water management, Land & Environment Court. Employment Law: employee/ contractor, unions / sole trader Corporations Law: company / partnership/ sole trader The ability to clearly and confidently identify and relevant legal requirements in a range of practice situations – public and private. A clear and confident understanding of the role and limits of the professional consultant (private practice) as an advisor to the Client or contractor or other professionals. The various insurances required for practice – eg the difference between professional indemnity and public liability Provide high quality advice to the client or contractor or other professionals. Understanding of legal aspects in government context – state and / or local. Awareness of limits legally – knowledge of when lawyer’s advice is required. Mentor’s comments Assessment: Legal Aspects of Practice Competent or Not yet competent