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Elements and Performance Criteria

1. Determine review options
   • Regulatory body decision is evaluated
   • Available internal appeal procedures are explained and exhausted
   • Available review mechanisms are outlined
   • Consultation is held with client
2. Develop dispute response
   • Appropriate dispute resolution protocols are followed
   • Stakeholders are engaged and consulted in response development process
   • Response is drafted and feedback is sought from stakeholders to refine response as required
3. Submit dispute response
   • Import declaration is paid under protest in accordance with Customs Act s.167 where required
   • Dispute response documentation is forwarded to relevant regulatory authority in accordance with workplace procedures
4. Initiate further action
   • Dispute response is read and outcomes are evaluated to determine appropriateness of further action
   • Stakeholders are consulted regarding appropriateness and advice regarding escalating and/or retreating is provided
   • Appropriate action is taken based on stakeholder consultation, in accordance with workplace procedures

Required Skills

This section describes the knowledge and skills required for this unit

Required knowledge

Amber line process

Customs Act s Payment Under Protest

Customs prosecutions

Forfeiture seizure and condemnation provisions of Customs Act

Internal and external appeal processes for reviewing ACBPS decisions

Monitoring and export examination powers of Customs under Customs Act

Penalty and Infringement Notice Guidelines of Customs Act

Penalty and Infringement Notice Provisions of Customs Act

Required skills

Apply escalation andor retreat processes

Articulate rationale for a dispute or response

Communicate effectively in verbal and written format with clients and stakeholders

Follow procedures

Liaise with other organisations

Manage personal work priorities

Negotiate effectively

Read and interpret legislation

Resolve conflict

Sequence a submission in logical order

Solve problems

Evidence Required

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria required knowledge and skills the range statement and the assessment guidelines for this Training Package
Critical aspects for assessment and evidence required to demonstrate competency in this unit	The evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the Elements Performance Criteria Required Skills Required Knowledge and include sequencing activity in a way that facilitates the development of competence ensuring currency of relevant legislative and regulatory knowledge developing effective submission documents providing high quality client information and advice
Context of and specific resources for assessment	Performance is demonstrated consistently over time and in a suitable range of contexts Resources for assessment include access to scenarios where discussions with individuals or small groups can be conducted legislation currently used in industry time constraints that mirror real work activities range of relevant exercises case studies andor other simulated practical and knowledge assessments appropriate range of relevant operational situations in the workplace
Method of assessment	Practical assessment must occur in an appropriately simulated workplace environment andor appropriate range of situations in the workplace A range of assessment methods should be used to assess practical skills and knowledge The following examples are appropriate to this unit direct observation of the candidate identifying and responding to an appeal or dispute situation direct observation of the candidate responding to a regulatory dispute appropriate knowledge questions

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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.
Regulatory bodies may include:	Australian Customs and Border Protection Service (ACBPS) relevant commonwealth government departments
Delivery methods and practise opportunities may include:	experiential learning using real scenarios explanations group work mentoring problem solving and decision making presentations combination of the above
Resources may include:	case law case studies customs policies and procedures relevant legislation scenarios
Strategies and techniques may include:	group discussion points of clarification targeted questioning

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