Assessor Resource

PSPREV402A
Undertake legislative decision making

Assessment tool

Version 1.0
Issue Date: May 2024


In the workplace, staff are required to undertake legislative decision making that is consistent, defensible and well documented to provide grounds for assessment where decisions are subject to review and where disputes may arise. Typically, the decision making process is, or will become, integrated into work practices as a normal way of working when legislative decisions need to be made, even when those decisions do not require formal documentation.

Staff must be able to use a legislative decision making process to undertake required research and make and record decisions that meet the public sector's requirements for consistency and legislative defensibility.

This unit covers the application of a legislative decision making process to make and justify legislatively-based decisions.

In practice, undertaking legislative decision making overlaps with other generalist or specialist work activities, such as acting ethically; applying statute law; dealing with legal entities, relationships and property; assessing applications for grants, subsidies or rebates; and delivering client service. Co-assessment with units of competency addressing these other activities could be considered.

No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.

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

Prerequisites

Not applicable.

Employability Skills

This unit contains employability skills.



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.

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:

PSPETHC401A Uphold and support the values and principles of public service

PSPREV401A Identify and apply statute law

PSPREV403A Manage information on legal entities, relationships and property

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOV402B Deliver and monitor service to clients

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit

Resources required to carry out assessment

Resources essential for assessment include:

legislative decision making process

government legislation, regulations, rulings, Commissioner's practices and other applicable case law relating to legislative decision making

organisational procedures and protocols relating to legislative decision making

scenarios and case studies to capture the range of situations likely to be encountered when undertaking legislative decision making

access to relevant systems

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when undertaking legislative decision making, including coping with difficulties, irregularities and breakdowns in routine

undertaking legislative decision making in a range of three or more contexts or occasions, over time.

Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:

workplace projects

simulation or role plays

case studies and scenarios

portfolios

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

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.

This section describes the essential skills and knowledge and their level, required for this unit.

Required skills:

Look for evidence that confirms skills in:

researching information and establishing relevant facts

identifying and interpreting applicable statute law

navigating complex and formal documents, such as 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

responding to diversity, including gender and disability, when requesting information or notifying decisions

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

Required knowledge:

Look for evidence that confirms knowledge and understanding of:

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.

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance criteria is explained here.

Extraneous material may include:

published practices

circulars

revenue circulars

public rulings

case transcripts

regulations

judicial decisions

precedent databases

technical and procedural instructions

operating policies and procedures

internal procedures

forms and brochures

fact sheets

organisational alerts

training materials

readings in Parliament

subordinate legislation

disallowable and notifiable instruments

legislation register

other relevant legislation

Evidence may include:

documents received from the customer to support the situation or event, for example:

stamp duties:

offer and acceptance documents

property purchase applications or offers

contracts

mortgage documents

deeds

trust deeds

notices of acquisition

certificates of title

court orders

statutory declarations

financial statements

minutes of directors' meetings

written communication, e.g. forms, letters or emails

payroll tax:

financial statements

written communication, e.g. forms, letters or emails

trust documents

partnership agreements

employment contracts

details of share ownership

group structure documents

constitutions

minutes of director's meetings

land tax:

written communication, e.g. forms, letters or emails

tax enquiries

evidence of usage

certificates of title

constitutions

notices of acquisition

valuation details

evidence of ownership (e.g. trust deeds)

publications gazetted

First Home Owner Grant:

offer and acceptance documents

property purchase applications or offers

contracts

certificates of title

financial statements

written correspondence, e.g. letters, forms or emails

applicant identification documents

evidence of residence

fines:

statement of financial circumstances

medical reports

statutory declarations

written correspondence

resident or nationality status

proof of employment

tickets or receipts

Rulings may include:

revenue rulings

tax rulings

public rulings

circulars

Commissioner's determinations

Commissioner's practices may include:

practices designated by Commissioner of Revenue or Australian Taxation Commissioner

Commissioner's Guidelines and Circulars

practice directions

public guidelines

public practices

Treasurer's directions

business rules

circulars

operating policies

technical and procedural instructions

Actions may include:

notification to the customer of the decision, including reasons for the decision and any rights of review

issue or withdrawal of assessments

documents embossed or stamped

referral to another area for further information or advice

request for more information

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
Purpose and key elements of legislative decision making process are identified and clarified to ensure its consistent application in accordance with organisational and legislative requirements. 
Record-keeping procedures relating to legislative decision making are identified in accordance with organisational procedures and legislative requirements. 
Situation or event requiring a decision is identified and clearly outlined in accordance with organisational and legislative requirements. 
Applicable statute law is determined and sections of the Acts that link to the decision are identified and recorded. 
Relevant case law and other extraneous material are identified. 
Evidence to support situation or event is recorded and analysed with respect to applicable law. 
Conclusions are drawn as to whether required facts have been established by available evidence and are recorded. 
Statute law is applied using precedents, rulings, Commissioner's practices, internal advice, other legislation and advice from senior and specialist staff when required. 
Delegation to make the decision is confirmed or decision is referred according to organisational delegation protocols. 
Based on research outcomes and established facts, decision is made and supported by explanation and justification. 
Decision is documented in accordance with organisational and legislative requirements. 
Actions as a result of the decision are carried out and recorded in accordance with organisational and legislative requirements. 
Purpose and key elements of legislative decision making process are identified and clarified to ensure its consistent application in accordance with organisational and legislative requirements. 
Record-keeping procedures relating to legislative decision making are identified in accordance with organisational procedures and legislative requirements. 
Situation or event requiring a decision is identified and clearly outlined in accordance with organisational and legislative requirements. 
Applicable statute law is determined and sections of the Acts that link to the decision are identified and recorded. 
Relevant case law and other extraneous material are identified. 
Evidence to support situation or event is recorded and analysed with respect to applicable law. 
Conclusions are drawn as to whether required facts have been established by available evidence and are recorded. 
Statute law is applied using precedents, rulings, Commissioner's practices, internal advice, other legislation and advice from senior and specialist staff when required. 
Delegation to make the decision is confirmed or decision is referred according to organisational delegation protocols. 
Based on research outcomes and established facts, decision is made and supported by explanation and justification. 
Decision is documented in accordance with organisational and legislative requirements. 
Actions as a result of the decision are carried out and recorded in accordance with organisational and legislative requirements. 

Forms

Assessment Cover Sheet

PSPREV402A - 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

PSPREV402A - 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: