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Elements and Performance Criteria

  1. Assist with providing appropriate advice about legal frameworks relevant to WHS
  2. Assist with determining legal frameworks relevant to WHS
  3. Assist with providing advice on compliance with legal frameworks relevant to WHS
  4. Assist with evaluating and implementing measures to comply with legal frameworks relevant to WHS

Required Skills

Required skills

analytical skills to

read and understand WHSrelated legislation and information

identify analyse and address training needs

communication skills to

communicate with and advise people from a range of backgrounds and with a range of abilities

work with legal advisors and others

literacy skills to prepare reports for a range of target groups including health and safety committees health and safety representatives managers supervisors and persons conducting businesses or undertakings PCBUs or their officers

Required knowledge

duties rights and obligations of individuals and parties as specified in relevant WHS legislation and where this information is located in WHS legislation

effective consultation and participation processes

existing work health and safety information system WHSIS or other workplace information systems

functions and powers of WHS regulator and how they are exercised

limits of own skills knowledge and competence when providing assistance

objectives and principles underpinning WHS legislation and related legislation

relationship between the WHS Act regulations codes of practice standards and guidance material and other legislation relevant to WHS

relevant sections of commonwealth and state or territory WHS Acts regulations codes of practice standards guidance material and other instruments

sources of information about WHS legislation and related legislation

systematic approaches to managing and complying with WHS legislation

workplace policies procedures activities processes and systems that will achieve compliance with WHS legislation and related legislation

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential

assisting with determining current and future legal frameworks relevant to WHS in the workplace

assisting with providing advice about legal and regulatory frameworks for WHS legislation

providing advice on WHSrelated legal compliance issues including training needs analyses talks briefings training sessions and paperbased or electronic materials

seeking timely and relevant advice from legal advisors and others

using this advice to ensure legislative compliance

Context of and specific resources for assessment

Assessment must ensure access to

relevant Acts regulations codes of practice standards and guidance material

other appropriate workplace documentation

reports from other parties consulted in ensuring compliance with WHSrelated legislation

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

direct questioning combined with review of portfolios of evidence and thirdparty workplace reports of onthejob performance by the candidate

demonstration of activities used to assist with compliance with WHS legislation and related legislation

oral or written questioning to assess knowledge of how advice was provided in the workplace interpreting and applying legislation and reporting requirements of legislation

review of WHS action plans documented WHS training needs and associated documents and recording processes undertaken to ensure WHSrelated compliance

simulated projectbased activities scenarios case studies role plays or actual activities associated with applying legislative frameworks for WHS

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended for example

BSBWHSA Facilitate WHS activities

BSBWHS602A Facilitate WHS activities

BSBWHSA Implement WHS risk management

BSBWHS603A Implement WHS risk management

BSBWHSA Evaluate the WHS performance organisations

BSBWHS604A Evaluate the WHS performance organisations.


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Legal advisors and others may include:

lawyers

WHS inspectors

WHS regulators

other regulators

WHS specialists.

WHS legislation and other legislation, related documentation and other sources may include:

common law relevant to WHS

consumer protection

current applicable commonwealth and state or territory WHS Acts, regulations and codes of practice

current applicable commonwealth and state or territory:

workers’ compensation legislation

equal opportunity legislation

food safety legislation

health legislation

privacy legislation

trade practices legislation

other documents, such as policies, standards, guidance material and publications, alerts and prosecutions information issued by regulators

regulator websites.

Individuals and parties may include:

contractors and subcontractors

customers

duty holders as specified in WHS Acts:

PCBUs or their officers

workers

other persons at a workplace

suppliers

health and safety committees

health and safety representatives

unions

WHS entry permit holders

WHS inspectors

WHS regulators

Workers.

Workplace procedures, activities, processes, policies and systems may include:

human resources and other management systems

risk-management systems and processes

WHS management systems and processes

WHS-related planning and design activities and processes, such as:

information technology systems

jobs and tasks

maintenance processes and procedures

physical and psychosocial work environments

plant, equipment and tools, including their specification and acquisition

shift work and general work rosters

specification and acquisition of services

work and workplace systems

work processes, policies, structures and procedures

workplace communications systems and processes

workstations and work areas

work processes and activities

workers’ compensation, claims management and return-to-work systems and processes

WHSIS and processes.