Required skills

research skills to source and access legal information and advice

critical thinking skills to evaluate and apply complex information to a particular organisation operational context

literacy skills to interpret complex information from varied sources

Required knowledge

general knowledge of compliance provisions of legislation in the following areas to the level of depth required by an operational manager or committee or board member and in the specific context of a sport fitness or recreation organisation

legal responsibilities and liabilities of managers and board members within varying organisation structures under Corporation law and Associations Acts

consumer protection and trade practices key features of trade practices and fair trading legislation its application in different States and Territories and key areas in which sport fitness or recreation organisations must ensure compliance

duty of care including child protection member protection voluntary assumption of risk and negligence

privacy

Occupational Health and Safety OHS or Work Health and Safety WHS Act

sport and administrative tribunals and the application of principles of natural justice and the role of Court of Arbitration for Sport

licensing licences needed by various organisations licence application procedures ongoing requirements to maintain licence auditing and inspection regimes and reasons for cancellation of licences

contracts differences between contracts impacts of contract law on operators including the specific terms and obligations of contract methods of contractual agreement exclusion clauses and termination of contracts

insurance key organisation insurances required by different sport fitness or recreation organisations including public liability directors and officers liability personal accident professional indemnity building and contents event liability contingency and workers compensation

superannuation employer responsibilities in relation to payment of superannuation for employees

industrial relations rights and responsibilities of employees and employers under industrial relations legislation

taxation overview of statutory reporting requirements and obligations for businesses and nonprofit organisations including GST PAYG Income Tax and Fringe Benefits Tax

intellectual property including copyright and trade marks

Equal Employment Opportunity EEO and antidiscrimination race gender sexuality and disability including key features employer responsibilities and consequences of operating contrary to legislation

examples of specific legislation and regulations impacting on particular sectors or contexts such as

Sporting Organisations Award Australian Sports AntiDoping Authority Act ASADA Act and Australian Sports AntiDoping Regulations ASADA Regulations NSW Combat Sports Act NSW Motor Vehicle Sports Public Safety Act Sporting Organisations Award Olympic Insignia Protection Act CTH Volunteer Protection Act SA Fitness Services PrePaid Fees Act NSW Sporting Injuries Insurance Act NSW Recreation Grounds Rates and Taxes Exemptions Act SA Childrens Protection Act SA Responsible Service of Alcohol and local state or territory and federal food regulations and standards

sources of legal information and advice relevant to particular industry sectors

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

Evidence of the ability to

identify the legislation that affects organisation operations in a particular industry sector and legal framework

access and update the legal information required for organisation compliance or seek professional assistance on legal matters

demonstrate application of legal knowledge to specific sport fitness or recreation situations and problems

Context of and specific resources for assessment

Assessment must ensure access to

use of current legal information

Method of assessment

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

evaluation of reports prepared by the individual detailing how legal issues were identified and addressed in the conduct of a particular project

evaluation of industry projects conducted by the individual to address the compliance requirements for a specific sport fitness or recreation organisation

case studies that allow the individual to address legal requirements for given situations

review of portfolios of evidence and thirdparty workplace reports of onthejob performance by the individual

Guidance information for assessment

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

BSBGOVA Implement Board member responsibilities

BSBGOV401A Implement Board member responsibilities

BSBMGTA Develop and implement strategic plans

BSBMGT616A Develop and implement strategic plans

SITXHRMA Lead and manage people

SITXHRM005A Lead and manage people.

Sources of relevant legal and licensing information may include:

Legal and licensing requirements may include:

Legal framework may include:

Workplace systems and procedures to ensure compliance with legislation may relate to: