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Elements and Performance Criteria

1. Establish regulatory powers
   • Access and use current information relating to enabling legislation and regulations to maintain up-to-date knowledge of requirements.
   • Confirm powers provided under the legislation and the boundaries of those powers.
   • Identify and confirm compliance requirements of the legislation, related regulations, standards, codes of practice and policy.
   • Identify and confirm acts and omissions that comprise non-compliance or offences under the legislation.
2. Apply enabling legislation
   • Identify and analyse circumstances where regulatory powers will be exercised to determine response or measures to apply.
   • Identify circumstances requiring the exercise of regulatory powers that are outside own limits and refer to others.
   • Identify risks associated with the exercise of regulatory powers and strategies to manage risks.
   • Apply enabling legislation consistent with the boundaries and powers contained therein.
3. Utilise other legislation and standards
   • Identify other legislation and standards which impact on powers and confirm their requirements.
   • Resolve or refer apparently conflicting legislative directions.
4. Work with other organisations
   • Identify organisations that have jurisdictions which may overlap and establish and maintain relationships.
   • Identify organisations available to provide assistance and advice or take referrals and establish relationships for mutual benefit.
   • Follow organisational protocols and procedures when working with other organisations.
   • Refer compliance matters to other organisations for action when required.
   • Follow lead agency protocols and/or lines of authority during operations involving more than one organisation.
5. Establish regulatory powers
   • Access and use current information relating to enabling legislation and regulations to maintain up-to-date knowledge of requirements.
   • Confirm powers provided under the legislation and the boundaries of those powers.
   • Identify and confirm compliance requirements of the legislation, related regulations, standards, codes of practice and policy.
   • Identify and confirm acts and omissions that comprise non-compliance or offences under the legislation.
6. Apply enabling legislation
   • Identify and analyse circumstances where regulatory powers will be exercised to determine response or measures to apply.
   • Identify circumstances requiring the exercise of regulatory powers that are outside own limits and refer to others.
   • Identify risks associated with the exercise of regulatory powers and strategies to manage risks.
   • Apply enabling legislation consistent with the boundaries and powers contained therein.
7. Utilise other legislation and standards
   • Identify other legislation and standards which impact on powers and confirm their requirements.
   • Resolve or refer apparently conflicting legislative directions.
8. Work with other organisations
   • Identify organisations that have jurisdictions which may overlap and establish and maintain relationships.
   • Identify organisations available to provide assistance and advice or take referrals and establish relationships for mutual benefit.
   • Follow organisational protocols and procedures when working with other organisations.
   • Refer compliance matters to other organisations for action when required.
   • Follow lead agency protocols and/or lines of authority during operations involving more than one organisation.

Performance Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

undertaking research and analysis

using information technology to access relevant legislation and procedures

reading complex written materials and applying them to work practices

using scanning techniques

engaging in discussion involving exchanges of often complex oral information

choosing regulatory responses and/or measures to fit the circumstances and justifying those responses against legislation, guidelines, policy and regulations

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Knowledge Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

full range of regulatory powers and the limits to those powers

enabling legislation

offences under the legislation

aspects of criminal law, administrative law, industrial law, contract law

statutory time limits

terminology used in legislation and procedures

organisational policies, guidelines and regulations

public sector legislation including, health and safety and environment relating to the exercise of regulatory powers

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