Assessor Resource

PSPREV002
Undertake legislative decision making

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to apply a legislative decision making process to make and justify legislatively-based decisions. This includes identifying requirements for legislative decision making, completing research and carrying out the decision making phase.

This unit applies to those working in a public sector role involved in legislative decision making.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work independently, performing complex tasks in a familiar context.

No licensing, legislative or certification requirements apply to unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify requirements for legislative decision making

1.1 Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application.

1.2 Identify record-keeping procedures relating to legislative decision making.

2. Complete required research

2.1 Identify and outline the situation or event requiring a decision.

2.2 Determine applicable statute law and identify and record sections of the Acts that link to the decision.

2.3 Identify relevant case law and other extraneous material.

2.4 Record and analyse evidence to support situation or event with respect to applicable law.

2.5 Draw conclusions as to whether required facts have been established by available evidence and record.

2.6 Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff when required.

3. Carry out the decision making phase

3.1 Confirm delegation to make the decision or refer decision.

3.2 Make decision based on research outcomes and established facts, supported by explanation and justification.

3.3 Document decision.

3.4 Carry out actions as a result of the decision and record.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

researching information and establishing relevant facts

identifying and interpreting applicable statute law

navigating complex and formal documents, including legislation and related materials to use in legislative decision-making

analysing evidence to ensure it supports the situation or event being considered

communicating with others involving exchanges of complex oral and written information

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

purpose and key elements of a legislative decision-making process

components and structure of statutes

interpretation of statutes

use of precedents, rulings and Commissioner’s practices

exercise of delegations in relation to undertaking legislative decision-making

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify requirements for legislative decision making

1.1 Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application.

1.2 Identify record-keeping procedures relating to legislative decision making.

2. Complete required research

2.1 Identify and outline the situation or event requiring a decision.

2.2 Determine applicable statute law and identify and record sections of the Acts that link to the decision.

2.3 Identify relevant case law and other extraneous material.

2.4 Record and analyse evidence to support situation or event with respect to applicable law.

2.5 Draw conclusions as to whether required facts have been established by available evidence and record.

2.6 Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff when required.

3. Carry out the decision making phase

3.1 Confirm delegation to make the decision or refer decision.

3.2 Make decision based on research outcomes and established facts, supported by explanation and justification.

3.3 Document decision.

3.4 Carry out actions as a result of the decision and record.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

researching information and establishing relevant facts

identifying and interpreting applicable statute law

navigating complex and formal documents, including legislation and related materials to use in legislative decision-making

analysing evidence to ensure it supports the situation or event being considered

communicating with others involving exchanges of complex oral and written information

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

purpose and key elements of a legislative decision-making process

components and structure of statutes

interpretation of statutes

use of precedents, rulings and Commissioner’s practices

exercise of delegations in relation to undertaking legislative decision-making

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application. 
Identify record-keeping procedures relating to legislative decision making. 
Identify and outline the situation or event requiring a decision. 
Determine applicable statute law and identify and record sections of the Acts that link to the decision. 
Identify relevant case law and other extraneous material. 
Record and analyse evidence to support situation or event with respect to applicable law. 
Draw conclusions as to whether required facts have been established by available evidence and record. 
Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff when required. 
Confirm delegation to make the decision or refer decision. 
Make decision based on research outcomes and established facts, supported by explanation and justification. 
Document decision. 
Carry out actions as a result of the decision and record. 
Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application. 
Identify record-keeping procedures relating to legislative decision making. 
Identify and outline the situation or event requiring a decision. 
Determine applicable statute law and identify and record sections of the Acts that link to the decision. 
Identify relevant case law and other extraneous material. 
Record and analyse evidence to support situation or event with respect to applicable law. 
Draw conclusions as to whether required facts have been established by available evidence and record. 
Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff when required. 
Confirm delegation to make the decision or refer decision. 
Make decision based on research outcomes and established facts, supported by explanation and justification. 
Document decision. 
Carry out actions as a result of the decision and record. 

Forms

Assessment Cover Sheet

PSPREV002 - Undertake legislative decision making
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

PSPREV002 - Undertake legislative decision making

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: