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Follow the links below to find material targeted to the unit's elements, performance criteria, required skills and knowledge

Elements and Performance Criteria

  1. Establish regulatory powers
  2. Apply enabling legislation
  3. Utilise other legislation and standards
  4. Work with other organisations

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 analysis

using information technology to access relevant legislation and procedures

reading complex written materials such as legislation regulations codes of practice and legal precedents and applying them to work practices

using scanning techniques to locate main ideas in legislation guidelines and policy documents

engaging in discussion involving exchanges of often complex oral information

communicating with a range of people from diverse backgrounds

responding to diversity including gender and disability

choosing regulatory responsesmeasures to fit the circumstances and justifying those responses against legislation guidelines policy and regulations

networking building relationships and working with others

applying occupational health and safety and environment procedures relating to the exercise of regulatory powers

Knowledge requirements

Look for evidence that confirms knowledge and understanding of

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

applicable standards

terminology used in legislation and procedures

organisational policies guidelines and regulations

equity and diversity principles

public sector legislation such as occupational health and safety and environment relating to the exercise of regulatory powers

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 units that must be achieved prior to this unitNil

Corequisite units that 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

PSPCRTB Carry out court orderly functions

PSPCRT401B Carry out court orderly functions

PSPCRTB Manage witnesses

PSPCRT402B Manage witnesses

PSPCRTB Handle exhibits and documents tendered

PSPCRT403B Handle exhibits and documents tendered

PSPCRTB Serve process

PSPCRT404B Serve process

PSPCRTB Handle monies received in satisfaction of warrants or orders

PSPCRT405B Handle monies received in satisfaction of warrants or orders

PSPCRTB Compile and use official notes

PSPCRT406B Compile and use official notes

PSPETHCA Uphold and support the values and principles of public service

PSPETHC401A Uphold and support the values and principles of public service

PSPGOVA Apply government processes

PSPGOV422A Apply government processes

PSPLEGNA Encourage compliance with legislation in the public sector

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPREGC Promote client compliance

PSPREG402C Promote client compliance

PSPREGB Assess compliance

PSPREG403B Assess compliance

PSPREGC Investigate noncompliance

PSPREG404C Investigate non-compliance

PSPREGB Act on noncompliance

PSPREG405B Act on non-compliance

PSPREGC Make arrests

PSPREG406C Make arrests

PSPREGB Produce formal record of interview

PSPREG407B Produce formal record of interview

PSPREGC Conduct search and seizure

PSPREG408C Conduct search and seizure

PSPREGB Prepare a brief of evidence

PSPREG409B Prepare a brief of evidence

PSPREGA Gather information through interviews

PSPREG411A Gather information through interviews

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 the Employability Skills as they relate to this unit see Employability Summaries in Qualifications Framework

the exercise of regulatory powers in a range of or more contexts or occasions over time

Resources required to carry out assessment

These resources include

legislation regulations policy guidelines and standards

public sector values and codes of conduct

case studies and workplace scenarios to capture the range of regulatory situations likely to be encountered

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 exercising regulatory powers including coping with difficulties irregularities and breakdowns in routine

the exercise of regulatory powers 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 target 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 or more of

case studies

demonstration

observation

portfolios

projects

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 bold italics in the Performance Criteria is explained here.

Legislation may include:

State/Territory and Commonwealth legislation related to:

public sector management, financial management

auditor general

audit, customs and excise, quarantine, fisheries, agriculture, land management, conservation, coastal management, environmental protection, environment, insurance, legal administration (sheriffs, young offenders), workers compensation, occupational safety and health, workplace relations

planning, construction, transport, energy, mining, resource management, communications

education and children's services, employment, vocational education and training, equal employment opportunity and anti-discrimination

Regulatory responses or measures may include:

audit

caution

clearance

community protection

control

encouragement to comply

entry

impoundment

initiation of proceedings that may lead to prosecution

inspection

investigation

issue of notices

on-the-spot fines

possession

referral to another agency/jurisdiction

search

seizure

surveillance

warning

Risks associated with the exercise of regulatory powers may result from:

workplace hazards

environmental hazards

equipment failure

people engaged in illegal activities

movement into and out of Australia of:

aircraft

cargo

people

postal articles

vessels

client cultural background

client literacy levels

Other legislation may include:

aspects of common law

aspects of Crimes Act 1914 and Criminal Code Act 1995

contract law

administrative law

industrial relations law

financial management Acts

public service Acts

Standards may include:

public sector standards

government security standards

fraud control standards

Relationships may include:

informal

formal

memoranda of understanding (MOUs)

Other organisations may include:

administrative appeals tribunals

Coroner's office

emergency services

federal police

fire and rescue

industrial inspectors

Local Government law enforcement officers

legal advisers

military police

security services

State/Territory police and special units

other State/Territory/Commonwealth departments/agencies

State/Territory/Commonwealth prosecution agencies