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Elements and Performance Criteria

Determine legal structure of the business.
- Examine legal options for the most suitable type of business structure.
- Investigate legal rights and responsibilities of the business to ensure business is adequately protected under legal and legislative provisions.
Monitor compliance with statutory and regulatory requirements.
Establish rights to wholesale products and services.
Secure rights to products and services.

Required Skills

This section describes the essential skills and knowledge and their level required for this unit

The following skills must be assessed as part of this unit

literacy and numerical skills in order to

interpret basic documents of a statutory legal and contractual nature within a business context

determine the costs and consequences of noncompliance with key legal obligations and requirements affecting wholesale transactions

recording storing and transferring information

researching planning analysing and organising information

interpersonal communication skills

The following knowledge must be assessed as part of this unit

legal structures of businesses

legal rights and responsibilities of different business structures

relevant consumer law commercial law and legislation within the context of the business and work outcome

financial reporting and accounting

service and consumer rights and business obligations

key regulatory organisations and bodies

community and consumer representative groups

sources of legal and technical expertise and advice

approval processes

confidentiality and security requirements

information sources on product and supply arrangements for customers

concepts of ownership products concepts technology ideas etc

business policy and procedures affecting job role or function

OHS aspects of job

Evidence Required

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

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

Evidence of the following is essential

identifies analyses and describes a range of basic business structures

accesses and interprets a range of relevant legal and technical advice on operational matters

determines and formally details the compliance of existing business operations with legal and legislative requirements

confirms and describes the rights of consumers covering a range of service and product delivery scenarios for a business

utilises relevant legal and statutory rights to protect the business brand and intellectual property

Context of and specific resources for assessment

Assessment must ensure access to

relevant documentation such as

legislation and statutory requirements

information on the internal and external operating environment

business policy and procedures manuals

business operations

products and services

Methods of assessment

A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate for this unit

observation of performance in the workplace

thirdparty reports from a supervisor

review of portfolios of evidence

written or verbal questioning to assess knowledge and understanding

Holistic assessment with other units relevant to the industry sector workplace and job role is recommended

Assessing employability skills

Employability skills are integral to effective performance in the workplace and are broadly consistent across industry sectors How these skills are applied varies between occupations and qualifications due to the different work functions and contexts

Employability skills embedded in this unit should be assessed holistically in the context of the job role and with other relevant units that make up the skill set or qualification

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 in the performance criteria is detailed below.

Suitability of business structure may vary according to:	preferences of owners requirements of funding bodies confidentiality considerations taxation considerations superannuation considerations.

Legal and legislative provisions may include:	OHS workplace relations workers' compensation industry codes of practice licence, patent or copyright arrangements environmental protection legislation equal employment opportunity (EEO) and anti-discrimination law emergency procedures transport, storage and handling of goods contract law Australian Competition and Consumer Commission provisions Trade Practices and Fair Trading Acts.

Statutory and regulatory requirements may vary in relation to:	types of products and services provided size, type and location of business business merchandise range characteristics of specific products or services varying levels of staff training worksite-specific context, variations and environments.

Insurance requirements vary according to:	types of products and services provided intended use of products or services location of market.

Records may be:	manual electronic.

Sources of information may be:	verbal communication, including face-to-face, telephone and radio written instructions and communication such as data exchange, letters, emails non-verbal communication feedback direct or indirect electronic or hard copy.

Rights and obligations may be determined by consulting internal or external experts in areas such as:	law finance trade insurance economics technical and scientific probity.

Brand may encompass:	product brands company brands supplier brands registered trade marks registered brands intellectual property.