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

SISXIND402 Mapping and Delivery Guide
Analyse legal knowledge for organisation governance

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency SISXIND402 - Analyse legal knowledge for organisation governance
Description This unit describes the performance outcomes, skills and knowledge required to develop and update legal knowledge to ensure compliance with legislation across sport, fitness and recreation organisations. Ability to research and apply relevant legal information to organisation governance is the key focus of the unit. This is combined with a general knowledge of the legal framework in which organisations in different sport, fitness and recreation contexts operate.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to committee and board members and senior personnel, for ensuring overall organisation compliance with legislative and regulatory requirements in the sport, fitness and recreation industries.The unit does not cover the specialist skills and knowledge required by legal experts or managers whose primary role relates to compliance.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites Not applicable.
Competency Field Working in industry
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: Research the legal information required for organisation compliance.
  • Identify sources of relevant legal and licensing information and advice.
  • Determine compliance needs for the organisation by accessing, selecting and analysing all information on legal and licensing requirements relevant to the legal framework under which the organisation operates.
  • Determine risks, penalties and consequences of non-compliance.
       
Element: Ensure compliance with legal requirements.
  • Assess the need for specialist legal advice and seek assistance where appropriate.
  • Record and distribute relevant legal information to colleagues, employees and volunteers at appropriate times and in suitable formats for the intended audience.
  • Organise information updates and training for colleagues, employees and volunteers where appropriate.
  • Establish and monitor workplace systems and procedures, including a risk management approach to ensure compliance with legal requirements.
  • Identify aspects of operations that may infringe or potentially infringe laws and solicit advice on how to develop and implement modifications.
       
Element: Update legal knowledge.
  • Use formal and informal research to update the legal knowledge required for organisation compliance.
  • Share updated knowledge with colleagues, employees and volunteers and incorporate into organisation planning and operations.
       


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 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 third-party workplace reports of on-the-job 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:

BSBGOV401A Implement Board member responsibilities

BSBMGT616A Develop and implement strategic plans

SITXHRM005A Lead and manage people.

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.

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 non-profit organisations including GST, PAYG, Income Tax and Fringe Benefits Tax

intellectual property including copyright and trade marks

Equal Employment Opportunity (EEO) and anti-discrimination (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 2010, Australian Sports Anti-Doping Authority Act 2006 (ASADA Act) and Australian Sports Anti-Doping Regulations 2006 (ASADA Regulations), NSW Combat Sports Act 2008, NSW Motor Vehicle Sports (Public Safety) Act 1985, Sporting Organisations Award 2010, Olympic Insignia Protection Act 1987 (CTH), Volunteer Protection Act 2001 (SA), Fitness Services (Pre-Paid Fees) Act 2000 (NSW), Sporting Injuries Insurance Act 1978 (NSW), Recreation Grounds Rates and Taxes Exemptions Act 1981 (SA), Children’s Protection Act 1993 (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 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, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the individual, accessibility of the item, and local industry and regional contexts) may also be included.

Sources of relevant legal and licensing information may include:

reference books

media

industry and employer associations

industry journals

internet

customers and suppliers

legal experts

regulatory authorities

state, national or international peak bodies

local government officers

Legal and licensing requirements may include:

liquor

facilities preparing and selling food

gaming

sale of memberships

security

work health and safety

industrial relations

intellectual property

taxation

EEO

anti-discrimination

child protection

duty of care

trade practices

privacy

volunteers.

Legal framework may include:

non-incorporated group

incorporated association

company

company limited by guarantee

trust.

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

recruitment, termination and other human resource management issues

food safety programs

policies to ensure responsible service of alcohol

drug testing regimes

inspections and auditing

risk assessments

member complaint and dispute resolution processes

training practices

approval processes and protocols for various activities

general work practices and work organisation approaches

facility or venue design

equipment maintenance

wearing of personal protective equipment

activity or sport rules and regulations

distribution of information within the organisation

signage.

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 sources of relevant legal and licensing information and advice. 
Determine compliance needs for the organisation by accessing, selecting and analysing all information on legal and licensing requirements relevant to the legal framework under which the organisation operates. 
Determine risks, penalties and consequences of non-compliance. 
Assess the need for specialist legal advice and seek assistance where appropriate. 
Record and distribute relevant legal information to colleagues, employees and volunteers at appropriate times and in suitable formats for the intended audience. 
Organise information updates and training for colleagues, employees and volunteers where appropriate. 
Establish and monitor workplace systems and procedures, including a risk management approach to ensure compliance with legal requirements. 
Identify aspects of operations that may infringe or potentially infringe laws and solicit advice on how to develop and implement modifications. 
Use formal and informal research to update the legal knowledge required for organisation compliance. 
Share updated knowledge with colleagues, employees and volunteers and incorporate into organisation planning and operations. 

Forms

Assessment Cover Sheet

SISXIND402 - Analyse legal knowledge for organisation governance
Assessment task 1: [title]

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

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Result: Competent Not yet competent

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Assessment Record Sheet

SISXIND402 - Analyse legal knowledge for organisation governance

Student name:

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

(add lines for each task)

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Overall assessment result: Competent Not yet competent

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