Elements and Performance Criteria
- Identify requirements for legislative decision making
- Purpose and key elements of legislative decision making process are identified and clarified to ensure its consistent application in accordance with organisational and legislative requirements.
- Record-keeping procedures relating to legislative decision making are identified in accordance with organisational procedures and legislative requirements.
- Complete required research
- Situation or event requiring a decision is identified and clearly outlined in accordance with organisational and legislative requirements.
- Applicable statute law is determined and sections of the Acts that link to the decision are identified and recorded.
- Relevant case law and other extraneous material are identified.
- Evidence to support situation or event is recorded and analysed with respect to applicable law.
- Conclusions are drawn as to whether required facts have been established by available evidence and are recorded.
- Statute law is applied using precedents, rulings, Commissioner's practices, internal advice, other legislation and advice from senior and specialist staff when required.
- Carry out the decision making phase
- Delegation to make the decision is confirmed or decision is referred according to organisational delegation protocols.
- Based on research outcomes and established facts, decision is made and supported by explanation and justification.
- Decision is documented in accordance with organisational and legislative requirements.
- Actions as a result of the decision are carried out and recorded in accordance with organisational and legislative requirements.
- Identify requirements for legislative decision making
- Purpose and key elements of legislative decision making process are identified and clarified to ensure its consistent application in accordance with organisational and legislative requirements.
- Record-keeping procedures relating to legislative decision making are identified in accordance with organisational procedures and legislative requirements.
- Complete required research
- Situation or event requiring a decision is identified and clearly outlined in accordance with organisational and legislative requirements.
- Applicable statute law is determined and sections of the Acts that link to the decision are identified and recorded.
- Relevant case law and other extraneous material are identified.
- Evidence to support situation or event is recorded and analysed with respect to applicable law.
- Conclusions are drawn as to whether required facts have been established by available evidence and are recorded.
- Statute law is applied using precedents, rulings, Commissioner's practices, internal advice, other legislation and advice from senior and specialist staff when required.
- Carry out the decision making phase
- Delegation to make the decision is confirmed or decision is referred according to organisational delegation protocols.
- Based on research outcomes and established facts, decision is made and supported by explanation and justification.
- Decision is documented in accordance with organisational and legislative requirements.
- Actions as a result of the decision are carried out and recorded in accordance with organisational and legislative requirements.