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. |
1. Identify legal information required for organisation compliance. | 1.1 Source and interpret relevant legal and licensing information and advice. 1.2 Determine compliance needs for the organisation. 1.3 Determine risks, penalties and consequences of non-compliance. |
2. Ensure compliance with legal requirements. | 2.1 Assess the need for specialist legal advice and seek assistance, where appropriate. 2.2 Record and distribute relevant legal information to colleagues, employees and volunteers as appropriate. 2.3 Organise information updates and training for colleagues, employees and volunteers. 2.4 Establish and monitor workplace systems and procedures, including a risk management approach to ensure compliance with legal requirements. 2.5 Identify aspects of operations that may infringe laws. 2.6 Solicit advice on how to develop and implement required operational modifications to ensure legal compliance. |
3. Update legal knowledge. | 3.1 Use formal and informal research to update legal knowledge required for business compliance. 3.2 Share updated knowledge with colleagues, employees and volunteers and incorporate into organisation planning and operations. |
Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and:
access and interpret regulatory information and determine the scope of compliance for specific business operations in relation to at least three different areas of compliance
develop a diverse range of policies and procedures for legal compliance with above areas of compliance
integrate, into compliance planning activities and documentation:
sources of detailed information and advice on regulatory compliance
objectives and primary components of a broad range of local, state, territory and commonwealth government laws relevant to specific sport, fitness or recreation business operations
use of policies and procedures in managing regulatory compliance.
Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:
legal responsibilities and liabilities of managers and directors in varying business structures
sources of information and advice on regulatory compliance:
local, state, territory or commonwealth government departments or regulatory agencies
industry associations
plain English documentation that explains the operational requirements of legislation
functions and general operating procedures of regulatory authorities of particular relevance to the sport, fitness or recreation industries
methods of receiving updated information on laws and licensing requirements
use of policies and procedures in managing regulatory compliance
range of formats for and inclusions in policies and procedures
objectives and primary components of a broad range of local, state, territory and commonwealth government laws to which all types of businesses must comply and that cover:
anti-discrimination especially provisions for Equal Employment Opportunity (EEO) and harassment
Australian Consumer Law (ACL) especially provisions for refunds, exchanges and cancellations, terms and conditions of quotations and consumer contracts
contracts
employer superannuation contributions
environmental protection especially provisions for environmental hazard identification, use of minimal impact practices and reporting of incidents
Fair Work Act 2009 especially provisions for national employment standards
local community protection especially provisions for land management and access and protecting the lifestyle of neighbouring residents
taxation
workplace relations
public liability and duty of care
work health and safety/occupational health and safety
workers compensation especially provisions for injury reporting and occupational rehabilitation
objectives and primary components of laws, codes, standards and licensing requirements that impact on specific operators in the sport, fitness or recreation industries; chosen to be applicable to the individual’s context
for each relevant law, code, standard and licensing requirement, the depth of knowledge must cover:
key practices that are prohibited by the law
auditing and inspection regimes
main consequences of non-compliance
need to apply for and maintain business or occupational licensing and associated mandatory training and certification requirements
requirements for record keeping and acceptable record keeping mechanisms
statutory reporting requirements for businesses
key business insurances required including public liability and workers compensation
adherence to mandatory codes of conduct enshrined in legislation
requirements to develop and implement plans, policies, codes of conduct or incorporate certain business practices
rights and responsibilities of employees and employers
other specific action that must be taken for legal compliance
sources of legal information and advice relevant to particular industry sectors
legal framework under which organisations operate:
non-incorporated groups
incorporated
company
company limited by guarantee
trust.
Skills must be demonstrated in:
a sport, fitness or recreation environment or context for which a tailored set of regulatory requirements can be researched and compliance management implemented. This can be a workplace or simulated environment.
Assessment must ensure access to:
computers, software programs, printers and communication technology used to administer regulatory requirements
current legislation
current plain English regulatory documents distributed by government regulators
codes of practice and standards issued by regulatory authorities
regulatory information and business management manuals issued by industry associations or commercial publishers
current commercial policies and procedures used to manage regulatory issues
sources of specialist legal advice:
compliance consultants
industry associations
lawyers
local, state, territory or commonwealth government departments or regulatory agencies.
Assessors must satisfy the Standards for Registered Training Organisations’ requirements for assessors.