Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

PSPREV401A Mapping and Delivery Guide
Identify and apply statute law

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency PSPREV401A - Identify and apply statute law
Description This unit covers the identification of statute law and how it applies to a range of situations affecting customers.In practice, applying statute law overlaps with other generalist or specialist work activities, such as acting ethically; undertaking legislative decision making; dealing with legal entities, relationships and property; assessing applications for grants, subsidies and rebates; and delivering client service. Co-assessment with units of competency addressing these other activities could be considered.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application In the workplace, staff must be able to identify and apply the statute law applicable to a range of situations affecting customers. Staff may develop a good understanding of the way laws are created, enacted, amended and interpreted within parliament and the courts in order to apply them to their work. Knowing the structure and purpose of the different components of an Act allows staff to navigate efficiently to find the specific information they require. In complex situations they must be able to use explanatory statements to determine the intent of parliament with regard to the interpretation of particular statutes. The principles governing the interpretation of statutes are important, as are the use of precedents, rulings, Commissioner's practices and the relevant Interpretation Act.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Not applicable.
Competency Field Revenue Administration.
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Identify applicable statute law
  • Principal rules governing the interpretation of statutes are applied.
  • Statutes are analysed to identify components applicable to the situation at hand.
       
Element: Apply statute law
  • Information on the creation, amendment and interpretation of laws is used to assist in identifying applicable bills, Acts and subordinate legislation.
  • Interpretation Act is used in accordance with its purpose.
  • Statutes are interpreted and applied in accordance with precedents, rulings and Commissioner's practices.
  • Explanatory statements are used to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations.
  • Reference is made to relevant case law and other extraneous material as required.
  • Records that cite applicable statute law are completed using commonly accepted practices and abbreviations in accordance with organisational policy and procedures.
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.

Units to be assessed together

Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:

PSPETHC401A Uphold and support the values and principles of public service

PSPREV402A Undertake legislative decision making

PSPREV403A Manage information on legal entities, relationships and property

PSPREV405A Assess applications for grants, subsidies and rebates

PSPGOV402B Deliver and monitor service to clients.

Overview of evidence requirements

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

knowledge requirements of this unit

skill requirements of this unit

application of employability skills as they relate to this unit.

Resources required to carry out assessment

Resources essential for assessment include:

government legislation, regulations, rulings, Commissioner's practices and other applicable case law

organisational procedures and protocols relating to the application of statute law

scenarios and case studies to capture the range of situations likely to be encountered when applying statute law

access to relevant systems.

Where and how to assess evidence

Valid assessment of this unit requires:

a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when applying statute law, including coping with difficulties, irregularities and breakdowns in routine

applying statute law in a range of three or more contexts or occasions, over time.

Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.

Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:

workplace projects

simulation or role plays

case studies and scenarios

observation

portfolios

The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.

For consistency of assessment

Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

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

Required skills:

Look for evidence that confirms skills in:

searching for and identifying applicable statute laws, rulings, precedents and Commissioner's practices

reading, analysing and interpreting complex, formal documents, such as legislation, regulations, explanatory statements, rulings and Commissioner's practices and applying them to work situations

recording references to statutes using commonly accepted practices and abbreviations

communicating with others involving exchanges of complex oral and written information

responding to diversity, including gender and disability

using technology to access applicable statutes and record outcomes

applying environmental, sustainability and occupational health and safety procedures to administrative and IT-related work

Required knowledge:

Look for evidence that confirms knowledge and understanding of:

law-making processes in Australia

structure and components of an Act

primary and secondary sources of law

principal rules governing the interpretation of statute law

the doctrine of precedent

purpose and use of Interpretation Act

abbreviations and commonly accepted practices used in citing statute law

The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.

Components of statutes may include:

long and short titles

commencement date

end date

preambles

definitions

head notes and headings

parts

divisions

chapters

sections

subsections

paragraphs

subparagraphs

historical notes

clause notes

editorial and explanatory notes

schedules

statutory regulations

amendment information

amending Acts

version or reprint number

nexus

Situations may include:

assessment of applications for grants, subsidies or rebates

assessment of tax liability

issue and enforcement of fines

legislative decision making

providing customers with information and assistance

Principal rules may include:

literal

golden

mischief

spirit (intent) of the legislation

Interpretation Act:

will be the relevant legislation in the applicant's jurisdiction and will be the Commonwealth Act or the state or territory Act

Rulings may include:

revenue rulings

tax rulings

public rulings

circulars

Commissioner's determinations

Commissioner's practices may include:

practices designated by Commissioner of Revenue or Australian Taxation Commissioner

Commissioner's Guidelines and Circulars

Practice Directions

public guidelines

public practices

Treasurer's directions

business rules

circulars

operating policies

technical and procedural instructions

Explanatory statements may include:

explanatory memoranda

clause notes

explanatory notes

Extraneous materials may include:

rulings

published practices

circulars

revenue circulars

public rulings

case transcripts

regulations

precedent databases

technical and procedural instructions

operating policies and procedures

internal procedures

forms and brochures

fact sheets

organisational alerts

training materials

readings in Parliament

subordinate legislation

disallowable and notifiable instruments

legislation register

other relevant legislation

Commonly accepted practices use:

consecutive numbering for sections of an Act - no brackets

consecutive numbering in brackets for subsections

lower case alphabetical order in brackets for paragraphs

consecutive numbering using lower case Roman numerals in brackets for subparagraphs

Abbreviations may include:

sec., s. and s for section

subsec., ss. and ss for subsection

para for paragraph

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Principal rules governing the interpretation of statutes are applied. 
Statutes are analysed to identify components applicable to the situation at hand. 
Information on the creation, amendment and interpretation of laws is used to assist in identifying applicable bills, Acts and subordinate legislation. 
Interpretation Act is used in accordance with its purpose. 
Statutes are interpreted and applied in accordance with precedents, rulings and Commissioner's practices. 
Explanatory statements are used to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations. 
Reference is made to relevant case law and other extraneous material as required. 
Records that cite applicable statute law are completed using commonly accepted practices and abbreviations in accordance with organisational policy and procedures. 

Forms

Assessment Cover Sheet

PSPREV401A - Identify and apply statute law
Assessment task 1: [title]

Student name:

Student ID:

I declare that the assessment tasks submitted for this unit are my own work.

Student signature:

Result: Competent Not yet competent

Feedback to student

 

 

 

 

 

 

 

 

Assessor name:

Signature:

Date:

Assessment Record Sheet

PSPREV401A - Identify and apply statute law

Student name:

Student ID:

Assessment task 1: [title] Result: Competent Not yet competent

(add lines for each task)

Feedback to student:

 

 

 

 

 

 

 

 

Overall assessment result: Competent Not yet competent

Assessor name:

Signature:

Date:

Student signature:

Date: