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Elements and Performance Criteria

  1. Provide information about the scope of legal and organisational compliance procedures
  2. Implement and monitor organisation's procedures for the management of legal compliance
  3. Implement, monitor and prioritise compliance requirements within organisational procedures
  4. Implement, monitor and document procedures and training for compliance requirements
  5. Implement and monitor procedures for maintaining legal records and for dealing with non-compliance events

Required Skills

Required skills

Specific skills are required to achieve the Performance Criteria of this unit particularly for its application in the various circumstances in which this unit may be used This includes the ability to carry out the following as required to identify implement and maintain legal compliance including

apply legislative organisation and site requirements and procedures for identification implementation and maintenance of legal compliance requirements

maintain legal and organisational compliance procedures and policies

use effective consultative mechanisms to negotiate compliance processes and procedures appropriate to statutorylegal requirements

explain complex compliance information to relevant personnel

provide coaching and mentoring support to encourage compliance

read interpret and apply compliance legislation

relate to people from a range of social cultural and ethnic backgrounds

source information on compliance requirements

organise and review information on compliance requirements

Required knowledge

Specific knowledge is required to achieve the Performance Criteria of this unit particularly for its application in the various circumstances in which this unit may be used This includes knowledge of the following implementation and maintenance legal compliance requirements including

legal compliance rights

environmental compliance requirements

compliance insurance requirements

contractual rights and responsibilities

recordkeeping systems required for compliance management

complaints handling systems

continuous improvement processes for compliance including

monitoring

reporting

evaluation

review

relevant Australian and international standards including but not limited to

AS Compliance Programs

AS Complaints Handling

ANZS Risk Management

AS ISO Records Management

relevant organisation policies and procedures including

policies in various compliance areas

organisational standards for operations and ethics

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required skills and knowledge range statement and the Assessment Guidelines for the Training Package

Overview of assessment

Critical aspects for assessment and evidence required to demonstrate competency in this unit

The evidence required to demonstrate competency in this unit must be relevant to worksite operations and satisfy all of the requirements of the performance criteria required skills and knowledge and the range statement of this unit and include evidence of the following

knowledge of the requirements procedures and instructions for identifying implementing and maintaining legal compliance requirements

implementation of procedures and techniques for the safe effective and efficient identification implementation and maintenance of legal compliance requirements

the identification of the relevant information and scope of the work required to meet the required outcomes

the identification of viable options and the selection of legal compliance requirements that best meet the required outcomes

working with other to undertake and complete the identification implementation and maintenance of legal compliance requirements

consistent successful identification implementation and maintenance of legal compliance requirements

Context of and specific resources for assessment

This unit must be assessed in the context of the work environment Where personal safety or environmental damage are limiting factors assessment may occur in a simulated environment provided it is realistic and sufficiently rigorous to cover all aspects of workplace performance including task skills task management skills contingency management skills and job role environment skills

Assessment of this competency requires typical resources normally used in a resources and infrastructure sector environment Selection and use of resources for particular worksites may differ due to the site circumstances

The assessment environment should not disadvantage the participant For example language literacy and numeracy demands of assessment should not be greater than those required on the job

Customisation of assessment and delivery environment to sensitively accommodate cultural diversity

Aboriginal people and other people from a non English speaking background may have second language issues

Where applicable physical resources should include equipment modified for people with disabilities Access must be provided to appropriate learning andor assessment support when required

Method of assessment

This unit may be assessed in a holistic way with other units of competency The assessment strategy for this unit must verify required knowledge and skill and practical application using more than one of the following assessment methods

written andor oral assessment of the candidates required knowledge in undertaking the identification implementation and maintenance of legal compliance requirements

observed documented andor first hand testimonial evidence of the candidates

implementation of appropriate requirements procedures and techniques for the safe effective and efficient achievement of required outcomes

identification of the relevant information and scope of the work required to meet the required outcomes

identification of viable options and the selection of legal compliance requirements that best meet the required outcomes

consistent achievement of required outcomes

first hand testimonial evidence of the candidates

working with others to undertake and complete the identification implementation and maintenance of legal compliance requirements

provision of clear and timely required support and advice on the legal compliance requirements

Guidance information for assessment

Consult the SkillsDMC User Guide for further information on assessment including access and equity issues


Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Compliance documentation may include:

organisation and site requirements and procedures

manufacturer's guidelines and specifications

Australian standards

award and enterprise agreements and relevant industrial instruments

relevant legislation from all levels of government that affects business operation, especially in regard to:

OHS

environmental issues

equal opportunity

industrial relations

anti-discrimination

relevant industry code of practice

Employment and workplace relations legislation

Equal Employment Opportunity and Disability Discrimination legislation

Legal compliance may include:

waterways

workers compensation/work cover

planning and assessment

local government

licensing requirements

duty of care

environmental

industrial relations

navigation

EHS Management System

policy

standards

procedures

databases

decision making

reviews

conventions

making permanent changes

maintenance of records of legal breaches

provision of information and training

regulations and code of practice relating to legal compliance

site representatives and committees

issue resolution

business registration

license to practice

industrial

fire

superannuation

partnership agreement

insurance

constitution documents

Acts

tender documents

financial documentation

development and implementation of compliance training measures

Documentation may include:

legislation

code of practice

organisation's policies/procedures

statutory and regulatory requirements

legal compliance

Legal compliance management systems may include:

work schedules - shift work and varying hours of duty

environments from simple to complex and diverse

appropriate policies, guidelines and processes

autonomy, from limited to substantial

quality and continuous improvement processes and standards

business plans

performance plans

ethical standards established by the organisation

productivity and profitability objectives and targets

best practice and benchmarking principles

legislation, codes and practices

resource parameters which may be defined or negotiated

training and development principles and practices

human resource policies and practices including:

interviewing

counselling

dispute resolution

discipline

financial accountability including:

profit and loss statements

enterprise/industrial agreements/awards

operations of a particular section or organisational unit

full range of operations of an organisation at a particular site

full range of operations of an organisation distributed across multiple sites

full range of operations of an organisation including mobile units such as the following:

vehicles

railway trains

maritime vessels

aircraft

Resources may include:

Acts

legislation/regulations

information

Common Law

the community

Legal compliance measures may include:

development of training programs

implementation of training programs

Consultation may include with:

regulatory authorities

tenderers

project managers

contractors

employees

community

customers

suppliers

Management may include:

leader/coach

facilitator

mentor

participant

director

trainer

assessor

Accurate legal records may include:

statutory/legal records

training needs

resource allocation

OHS

financial

personnel

taxation