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

PSPWPI003 Mapping and Delivery Guide
Investigate possible breaches of workplace legislation

Version 1.0
Issue Date: March 2024


Qualification -
Unit of Competency PSPWPI003 - Investigate possible breaches of workplace legislation
Description
Employability Skills
Learning Outcomes and Application This unit describes the skills required to conduct investigations into a range of workplace contexts specifically relating to work health and safety (WHS), workers compensation, injury management and/or workplace relations legislation. It includes conducting an initial assessment of the situation, examining the available evidence, identifying potential witnesses, recording initial statements, assessing investigation material and information gathered, conducting formal interviews, and completing an investigation report.This unit applies to those working as investigators conducting workplace investigations into possible breaches of a range of workplace legislation, which may arise as a result of complaints, incidents or targeted campaigns.The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.Those undertaking this unit would work independently performing complex tasks in a range of familiar contexts.No licensing, legislative or certification requirements apply to unit at the time of publication.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Prerequisites/co-requisites
Competency Field Workplace inspection
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: Conduct initial assessment of situation
  • Identify type of investigation or situation.
  • Assess situations with regard to personal safety and the safety of others, and put safeguards in place.
  • Contact persons involved.
  • Establish and maintain integrity of situation.
       
Element: Initiate and conduct investigations
  • Issue instructions to persons involved.
  • Identify and access resources required before conducting the investigation.
       
Element: Examine the situation
  • Record details of the situation and all those involved in possible breach.
  • Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.
  • Document the reasons and justification if no breach has occurred or no action is to be taken.
  • Recommend appropriate action if breach is confirmed, within the officer’s discretion.
  • Maintain record of evidence.
       
Element: Identify potential witnesses and record initial statements
  • Identify potential witnesses and record their details.
  • Take statements.
       
Element: Assess investigation material and gathered information
  • Review information and evidence gathered against legislation and other relevant material.
  • Evaluate information and evidence relevance and strength of proof.
  • Identify, prioritise and schedule further proofs for action.
  • Obtain further evidence when required.
       
Element: Conduct formal interviews
  • Conduct interview.
  • Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.
  • Complete a record of the interview.
       
Element: Complete investigation report
  • Compile report.
  • Forward report to appropriate personnel for review and action.
  • Gather and compile additional information and evidence identified in report.
  • Forward final report through appropriate channels for processing.
       
Element: Conduct initial assessment of situation
  • Identify type of investigation or situation.
  • Assess situations with regard to personal safety and the safety of others, and put safeguards in place.
  • Contact persons involved.
  • Establish and maintain integrity of situation.
       
Element: Initiate and conduct investigations
  • Issue instructions to persons involved.
  • Identify and access resources required before conducting the investigation.
       
Element: Examine the situation
  • Record details of the situation and all those involved in possible breach.
  • Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.
  • Document the reasons and justification if no breach has occurred or no action is to be taken.
  • Recommend appropriate action if breach is confirmed, within the officer’s discretion.
  • Maintain record of evidence.
       
Element: Identify potential witnesses and record initial statements
  • Identify potential witnesses and record their details.
  • Take statements.
       
Element: Assess investigation material and gathered information
  • Review information and evidence gathered against legislation and other relevant material.
  • Evaluate information and evidence relevance and strength of proof.
  • Identify, prioritise and schedule further proofs for action.
  • Obtain further evidence when required.
       
Element: Conduct formal interviews
  • Conduct interview.
  • Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.
  • Complete a record of the interview.
       
Element: Complete investigation report
  • Compile report.
  • Forward report to appropriate personnel for review and action.
  • Gather and compile additional information and evidence identified in report.
  • Forward final report through appropriate channels for processing.
       


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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Conduct initial assessment of situation

1.1 Identify type of investigation or situation.

1.2 Assess situations with regard to personal safety and the safety of others, and put safeguards in place.

1.3 Contact persons involved.

1.4 Establish and maintain integrity of situation.

2. Initiate and conduct investigations

2.1 Issue instructions to persons involved.

2.2 Identify and access resources required before conducting the investigation.

3. Examine the situation

3.1 Record details of the situation and all those involved in possible breach.

3.2 Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.

3.3 Document the reasons and justification if no breach has occurred or no action is to be taken.

3.4 Recommend appropriate action if breach is confirmed, within the officer’s discretion.

3.5 Maintain record of evidence.

4. Identify potential witnesses and record initial statements

4.1 Identify potential witnesses and record their details.

4.2 Take statements.

5. Assess investigation material and gathered information

5.1 Review information and evidence gathered against legislation and other relevant material.

5.2 Evaluate information and evidence relevance and strength of proof.

5.3 Identify, prioritise and schedule further proofs for action.

5.4 Obtain further evidence when required.

6. Conduct formal interviews

6.1 Conduct interview.

6.2 Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.

6.3 Complete a record of the interview.

7. Complete investigation report

7.1 Compile report.

7.2 Forward report to appropriate personnel for review and action.

7.3 Gather and compile additional information and evidence identified in report.

7.4 Forward final report through appropriate channels for processing.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

undertaking legal research

evaluating information in investigating breaches

applying principles of natural justice and procedural fairness

applying legislative requirements and organisational policies and procedures in all investigations

applying risk management principles to investigative procedures, including personal safety

negotiating

dealing with conflicting information

dealing with conflict

interviewing and questioning

ensuring due consideration of information and evidence

planning and organising skills to ensure the coordinated and thorough investigation of possible breaches of workplace legislation

decision-making to reflect deliberation of the evidence and the risk assessment

undertaking comprehensive planning of investigative responses

conducting detailed examination of potential or reported breaches

preparing resources required to conduct investigations

carrying out diverse information-gathering activities to substantiate recommendations

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

federal and state workplace legislative framework applying to workplace inspections, including legislation relating to work health and safety and workplace relations

risk management principles relating to personal and workplace safety

common law principles applying to inspection of workplaces

powers of workplace inspectors under jurisdictional legislation

functions and roles of other professionals and experts who may be called in to advise on possible breaches or to act as witnesses

organisational investigation procedures

rules of evidence and evidence management


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.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Conduct initial assessment of situation

1.1 Identify type of investigation or situation.

1.2 Assess situations with regard to personal safety and the safety of others, and put safeguards in place.

1.3 Contact persons involved.

1.4 Establish and maintain integrity of situation.

2. Initiate and conduct investigations

2.1 Issue instructions to persons involved.

2.2 Identify and access resources required before conducting the investigation.

3. Examine the situation

3.1 Record details of the situation and all those involved in possible breach.

3.2 Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.

3.3 Document the reasons and justification if no breach has occurred or no action is to be taken.

3.4 Recommend appropriate action if breach is confirmed, within the officer’s discretion.

3.5 Maintain record of evidence.

4. Identify potential witnesses and record initial statements

4.1 Identify potential witnesses and record their details.

4.2 Take statements.

5. Assess investigation material and gathered information

5.1 Review information and evidence gathered against legislation and other relevant material.

5.2 Evaluate information and evidence relevance and strength of proof.

5.3 Identify, prioritise and schedule further proofs for action.

5.4 Obtain further evidence when required.

6. Conduct formal interviews

6.1 Conduct interview.

6.2 Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.

6.3 Complete a record of the interview.

7. Complete investigation report

7.1 Compile report.

7.2 Forward report to appropriate personnel for review and action.

7.3 Gather and compile additional information and evidence identified in report.

7.4 Forward final report through appropriate channels for processing.

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
Identify type of investigation or situation. 
Assess situations with regard to personal safety and the safety of others, and put safeguards in place. 
Contact persons involved. 
Establish and maintain integrity of situation. 
Issue instructions to persons involved. 
Identify and access resources required before conducting the investigation. 
Record details of the situation and all those involved in possible breach. 
Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence. 
Document the reasons and justification if no breach has occurred or no action is to be taken. 
Recommend appropriate action if breach is confirmed, within the officer’s discretion. 
Maintain record of evidence. 
Identify potential witnesses and record their details. 
Take statements. 
Review information and evidence gathered against legislation and other relevant material. 
Evaluate information and evidence relevance and strength of proof. 
Identify, prioritise and schedule further proofs for action. 
Obtain further evidence when required. 
Conduct interview. 
Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview. 
Complete a record of the interview. 
Compile report. 
Forward report to appropriate personnel for review and action. 
Gather and compile additional information and evidence identified in report. 
Forward final report through appropriate channels for processing. 
Identify type of investigation or situation. 
Assess situations with regard to personal safety and the safety of others, and put safeguards in place. 
Contact persons involved. 
Establish and maintain integrity of situation. 
Issue instructions to persons involved. 
Identify and access resources required before conducting the investigation. 
Record details of the situation and all those involved in possible breach. 
Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence. 
Document the reasons and justification if no breach has occurred or no action is to be taken. 
Recommend appropriate action if breach is confirmed, within the officer’s discretion. 
Maintain record of evidence. 
Identify potential witnesses and record their details. 
Take statements. 
Review information and evidence gathered against legislation and other relevant material. 
Evaluate information and evidence relevance and strength of proof. 
Identify, prioritise and schedule further proofs for action. 
Obtain further evidence when required. 
Conduct interview. 
Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview. 
Complete a record of the interview. 
Compile report. 
Forward report to appropriate personnel for review and action. 
Gather and compile additional information and evidence identified in report. 
Forward final report through appropriate channels for processing. 

Forms

Assessment Cover Sheet

PSPWPI003 - Investigate possible breaches of workplace legislation
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

PSPWPI003 - Investigate possible breaches of workplace legislation

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: