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Elements and Performance Criteria

  1. Examine compliance of current business to legal systems.
  2. Establish compliance of current product recall policy and procedures.
  3. Analyse responsibilities and accountabilities of parties undertaking business transactions.
  4. Analyse and apply principles in business and contract law.
  5. Analyse how the law protects intellectual property.
  6. Identify risks associated with managing supply across national boundaries.

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

interpreting language and meaning associated with legislative statutory legal insurance and contractual documents that span national and international contexts

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 to

inform staff of risks associated with recalled products through clear and direct communication

share information

use language and concepts appropriate to cultural differences

use and interpret nonverbal communication

application of relevant legal principles

risk management

The following knowledge must be assessed as part of this unit

remedies available for breach of contract

principles relating to intellectual property

understanding of the business context national and international in which the legal insurance rights and contractual sources of information apply

reporting requirements

contract validation

product and service warranties

information sources on product and supply arrangements for customers

business policy and procedures affecting job role or function

OHS aspects of job

relevant domestic and international law conventions agreements and legislation

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

satisfactory and timely completion of tasks associated with management of a business operation in compliance with legal and legislative requirements

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

implements and documents product recall procedures for a business operation

describes and complies with legal rules relating to transfer of risk and legal obligations affecting a specific range of business operations including import and export operations

establishes and implements appropriate reporting procedures and recordkeeping systems for a business operation

processes documentation relating to business and legal compliance within a set timeframe

Context of and specific resources for assessment

Assessment must ensure access to

relevant documentation such as

relevant legislation and statutory requirements

information on the internal and external operating environment

business policy and procedures manuals

information on

business operations

markets

competitors

products and services

suppliers

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.

Legal systems may include:

OHS

workplace relations

industry codes of practice

licence, patent or copyright arrangements

transport, storage and handling of goods

contract law

Australian Competition and Consumer Commission provisions

Trade Practices and Fair Trading Acts.

Different forms of contract may include or relate to:

letters of appointment or intent

external contracts

trade partners

people contracts

verbal and written orders

purchase order

petty cash

memorandums of understanding or memorandums of agreement

in-house service level agreements

contracts

common-use arrangements or standing offers

contracts as detailed under the Trade Practices Act

non-compliance

consequences.

Financial transactions may include:

deposits

withdrawals

credit card transactions

cheques

hire-purchase

cash on delivery (COD)

customer refunds

customer account management.

Legal requirements for the sale of products and services may include:

Trade Practices and Fair Trading Acts

tobacco laws

liquor laws

pricing procedures, including GST requirements

sale of second-hand goods

sale of X and R rated products

lottery legislation

industry codes of practice

OHS.

Product recall procedures and guidelines may be developed in consideration of:

timing

warnings

insurance issues

consultation with key stakeholders

organising logistics

reporting compliance

claim procedures on recalled products

legal requirements

approvals obtained

impact on business relationships and contractual arrangements.

Recall procedures and guidelines may be:

documented in hard copy or electronic manuals

implemented at business, team or operational levels

product- or service-specific

customer-specific

territory- or location-specific.

Relevant personnel may include:

internal or external contacts

employees

supervisors

relevant managers.

Staff may include:

full-time, part-time, casual or contract staff

people with varying degrees of language and literacy

people from a range of cultural, social and ethnic backgrounds

people with a range of responsibilities and job descriptions.

Principles related to intellectual property may vary according to:

nature of the product or service

nature of product or service delivery

scope of protection sought

the ability to show 'ownership'

location (e.g. international variations in legal protection)

legal and legislative provisions.

International legal requirements may include:

international legal frameworks

sale of goods and services

legal aspects of international financial transactions

law of contract

product liability

transport law

customs law

licensing agreements

agency agreements

business names and structures

joint venture agreements

ownership issues

passing of risk and title

warranties

insurance

dealing with intellectual property

e-commerce

remedies and enforcement.