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Elements and Performance Criteria

  1. Identify legislative requirements
  2. Comply with legislative requirements
  3. Report incidents of non-compliance

Required Skills

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

Skill requirements

Look for evidence that confirms skills in

undertaking research and evaluation

undertaking selfassessment

reading complex and formal documents such as legislation and related materials to apply them to work practices and to identify inappropriate conduct

communicating with others involving exchanges of complex oral and written information

using technology to access legislative requirements

responding to diversity including gender and disability

applying environmental and occupational health and safety procedures

Knowledge requirements

Look for evidence that confirms knowledge and understanding of

the range of legislation relating to the public sector including occupational health and safety and environment and the key requirements of each

public sector codes of ethicsconduct

equal employment opportunity equity and diversity principles

organisational processesprocedures for responding to legislative issues

Evidence Required

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

Prerequisite unitsthat must be achieved prior to this unitNil

Corequisite unitsthat must be assessed with this unitNil

Coassessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include but are not limited to

PSPETHCB Uphold the values and principles of public service

PSPETHC301B Uphold the values and principles of public service

PSPGOVB Access and use resources and financial systems

PSPGOV305B Access and use resources and financial systems

PSPGOVB Organise workplace information

PSPGOV307B Organise workplace information

PSPIMA Process claims

PSPIM301A Process claims

PSPPROCA Undertake basic procurement

PSPPROC302A Undertake basic procurement

PSPSECA Secure government assets

PSPSEC301A Secure government assets

Overview of evidence requirements

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

the knowledge requirements of this unit

the skill requirements of this unit

application of Employability Skills as they relate to this unit

compliance with legislation in a range of or more contexts or occasions over time

Resources required to carry out assessment

These resources include

public sector legislation regulations and guidelines

procedures and protocols

scenarios and case studies to capture the range of situations likely to be encountered when complying with public sector legislation

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 complying with legislation in the public sector including coping with difficulties irregularities and apparently conflicting legislative requirements

compliance with legislation in a range of or more contexts or occasions over time

Assessment methods should reflect workplace demands such as literacy and the needs of particular groups such as

people with disabilities

people from culturally and linguistically diverse backgrounds

Aboriginal and Torres Strait Islander people

women

young people

older people

people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include but are not limited to a combination of or more of

case studies

portfolios

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace andor training courses

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


Range Statement

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 italics in the Performance Criteria is explained here.

Legislation and guidelines may relate to

public sector standards:

codes of conduct/ethics

guarantee of service

legislated standards

State/Territory/Commonwealth/organisational standards

technical/industrial standards

professional standards

industry competency standards

anti-corruption legislation

whistleblowers' protection.

public sector employment:

employee relations

chief executive officer's instructions

Commissioner's instructions

public sector notices.

workplace environment:

equal employment opportunity

affirmative action

workplace diversity

anti-discrimination

workplace harassment

occupational health and safety

duty of care.

security, storage, handling and classification of documents

financial management and accountability:

Treasurer's instructions

contractual obligations.

transparency:

freedom of information

professional reporting

accountability

fair trading.

business and community:

privacy

trade practices

competition

road transport legislation.

information and records management standards and legislation

the organisation's enabling legislation, regulations

aspects of common law, criminal law, contract law, employment law and administrative law, including judges' rules

international legislation/codes of behaviour

Conflicting legislative directives may include

apparent contradiction between statutes

apparent conflict between statutes and policy requirements

Inadequacies in workplace procedures may include

insufficient financial/other controls

insecure Internet/fax access

non-auditable records processes

ambiguous guidelines

no guidelines

unnecessary complexity

use of non-current legislation