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Elements and Performance Criteria

  1. Research legal requirements
  2. Comply with legal requirements

Required Skills

REQUIRED KNOWLEDGE AND SKILLS

Required skills

interpret legal documentation

access industry standards

analyse legal information

maintain accurate records

communicate within the workplace

sequence operations

meet specifications

clarify and check taskrelated information

carry out work according to OHS practices

Required knowledge

State or Territory OHS legislation regulations standards and codes of practice relevant to investigating legal requirements for design

organisational and site standards requirements policies and procedures for investigating legal requirements for design

business and operational legal requirements

computer programs

procedures for the recording reporting and maintenance of workplace records and information

appropriate mathematical procedures for estimation and measurement

environmental protection requirements

established communication channels and protocols

problem identification and resolution

Evidence Required

The Evidence Guide provides advice on assessment and must be read in conjunction with the Performance Criteria Required Skills and Knowledge the Range Statement and the Assessment Guidelines for the relevant Training Package

Overview of assessment

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

Effectively investigate legal requirements for design and for the protection and efficient operation of the enterprise ensuring all relevant legal requirements are in place

Effectively produce a report on the legal requirements for a design business

Comply with legislation regulations standards codes of practice and established safe practices and procedures for investigating legal requirements for design

Communicate effectively and work safely with others in the work area

Context of and specific resources for assessment

The application of competency is to be assessed in the workplace or simulated workplace

Assessment is to occur under standard and authorised work practices safety requirements and environmental constraints

Assessment of essential underpinning knowledge other than confirmatory questions will usually be conducted in an offsite context

Assessment is to comply with relevant regulatory or Australian Standards requirements

The following resources should be made available

workplace location or simulated workplace

materials and equipment relevant to investigating legal requirements for design

specifications and work instructions

Method of assessment

Assessment must satisfy the endorsed assessment guidelines of the Furnishing Industry Training Package

Assessment methods must confirm consistency and accuracy of performance over time and in a range of workplace relevant contexts together with application of underpinning knowledge

Assessment methods must be by direct observation of tasks and include questioning on underpinning knowledge to ensure its correct interpretation and application

Assessment may be applied under project related conditions real or simulated and require evidence of process

Assessment must confirm a reasonable inference that competency is able not only to be satisfied under the particular circumstance but is able to be transferred to other circumstances

Assessment may be in conjunction with assessment of other units of competency

Guidance information for assessment


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 in the Performance Criteria is detailed below. Add any 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.

OHS requirements

are to be in accordance with Commonwealth, State or Territory legislation and regulations, organisational safety policies and procedures

requirements may include but not be limited to the use of personal protective equipment and clothing, fire fighting equipment, first aid equipment, hazard and risk control and elimination of hazardous materials and substances, manual handling including lifting and carrying

Legislative requirements

are to be in accordance with applicable legislation from all levels of government that affect organisational operation

requirements may include but not be limited to award and enterprise agreements, industrial relations, Australian Standards, confidentiality and privacy, OHS, the environment, equal opportunity, anti-discrimination, relevant industry codes of practice, duty of care and heritage

Organisational requirements

may include but not be limited to legal, organisational and site guidelines, policies and procedures relating to own role and responsibility, quality assurance, procedural manuals, quality and continuous improvement processes and standards, OHS, emergency and evacuation, ethical standards, recording and reporting, access and equity principles and practices, equipment use, maintenance and storage, environmental management (waste disposal, recycling and re-use guidelines)

Communication

may include verbal and non-verbal language, constructive feedback, active listening, questioning to clarify and confirm understanding, use of positive, confident and cooperative language, use of language and concepts appropriate to individual social and cultural differences, control of tone of voice and body language

Legal requirements

may include but not be limited to laws, regulations or policies which may affect the operating systems of an enterprise

Enterprises

may include but not be limited to sole traders, partnerships, trusts, franchises, agencies, companies or consortiums

Business registration

is to include business name registration, achievement of an Australian Business Number (ABN) and may include ownership transfer arrangements and licensing

Government procedures

may include taxation and accounting requirements, superannuation provisions, business activity statements and the Goods, Services Tax (GST), tax file number, Pay As You Go (PAYG) and withholding tax

Employment conditions

are to include but not be limited to industrial relations, award rates, employment conditions, unfair dismissal laws, equal employment opportunities, anti-discrimination, enterprise agreements, privacy, confidentially and duty of care

Contracts and invoices

may include but not be limited to contracts deemed legal by authorities and may be with suppliers, owners, employees, landlords, agents, distributors or customers

Operational codes of practice

may include but not be limited to Australian Standards, industry codes of practice, equipment operating standards or regulations, resource access regulations

Insurances

may include but not be limited to professional indemnity, public liability, income protection, third party, comprehensive, building and contents insurance, workers compensation and any other legally prescribed insurance

Procurement rights

may include but not be limited to royalties, copyright, patents, trademarks, design registration, intellectual property and software licences

Import and export regulations

may include but not be limited to duties, tariffs, customs, immigration and any countries relevant import and export laws

Risk management

is to include provisions for ensuring all potential legal possibilities have been investigated and evaluated to minimise threats to continuing efficiency, profitability and success of its operations