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Elements and Performance Criteria

1. Identify requirements for legislative decision making
   • Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application.
   • Identify record-keeping procedures relating to legislative decision making.
2. Complete required research
   • Identify and outline the situation or event requiring a decision.
   • Determine applicable statute law and identify and record sections of the Acts that link to the decision.
   • Identify relevant case law and other extraneous material.
   • Record and analyse evidence to support situation or event with respect to applicable law.
   • Draw conclusions as to whether required facts have been established by available evidence and record.
   • Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff when required.
3. Carry out the decision making phase
   • Confirm delegation to make the decision or refer decision.
   • Make decision based on research outcomes and established facts, supported by explanation and justification.
   • Document decision.
   • Carry out actions as a result of the decision and record.
4. Identify requirements for legislative decision making
   • Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application.
   • Identify record-keeping procedures relating to legislative decision making.
5. Complete required research
   • Identify and outline the situation or event requiring a decision.
   • Determine applicable statute law and identify and record sections of the Acts that link to the decision.
   • Identify relevant case law and other extraneous material.
   • Record and analyse evidence to support situation or event with respect to applicable law.
   • Draw conclusions as to whether required facts have been established by available evidence and record.
   • Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff when required.
6. Carry out the decision making phase
   • Confirm delegation to make the decision or refer decision.
   • Make decision based on research outcomes and established facts, supported by explanation and justification.
   • Document decision.
   • Carry out actions as a result of the decision and record.

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.

researching information and establishing relevant facts

identifying and interpreting applicable statute law

navigating complex and formal documents, including legislation and related materials to use in legislative decision-making

analysing evidence to ensure it supports the situation or event being considered

communicating with others involving exchanges of complex oral and written information

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

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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.

purpose and key elements of a legislative decision-making process

components and structure of statutes

interpretation of statutes

use of precedents, rulings and Commissioner’s practices

exercise of delegations in relation to undertaking legislative decision-making

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