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Elements and Performance Criteria

1. Identify applicable statute law
   • Apply principal rules governing the interpretation of statutes.
   • Analyse statutes to identify components applicable to the situation at hand.
2. Apply statute law
   • Use information on the creation, amendment and interpretation of laws to assist in identifying applicable bills, Acts and subordinate legislation.
   • Use the interpretation Act in accordance with its purpose.
   • Interpret and apply statutes in accordance with precedents, rulings and Commissioner’s practices.
   • Use explanatory statements to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations.
   • Make reference to relevant case law and other extraneous material as required.
   • Complete records that cite applicable statute law using commonly accepted practices and abbreviations.
3. Identify applicable statute law
   • Apply principal rules governing the interpretation of statutes.
   • Analyse statutes to identify components applicable to the situation at hand.
4. Apply statute law
   • Use information on the creation, amendment and interpretation of laws to assist in identifying applicable bills, Acts and subordinate legislation.
   • Use the interpretation Act in accordance with its purpose.
   • Interpret and apply statutes in accordance with precedents, rulings and Commissioner’s practices.
   • Use explanatory statements to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations.
   • Make reference to relevant case law and other extraneous material as required.
   • Complete records that cite applicable statute law using commonly accepted practices and abbreviations.

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.

searching for and identifying applicable statute laws, rulings, precedents and Commissioner’s practices

reading, analysing and interpreting complex, formal documents, including legislation, regulations, explanatory statements, rulings and Commissioner’s practices and applying them to work situations

communicating with others involving exchanges of complex oral and written information

using technology to access applicable statutes and record outcomes

applying environmental, sustainability and work health and safety procedures to administrative and IT-related work

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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.

law-making processes in Australia

structure and components of an Act

primary and secondary sources of law

principal rules governing the interpretation of statute law

the doctrine of precedent

purpose and use of Interpretation Act

abbreviations and commonly accepted practices used in citing statute law

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