This unit of competency describes the skills and knowledge required to interpret and apply legislation.
This unit applies to individuals who take personal responsibility and exercise autonomy in undertaking complex work. They demonstrate deep knowledge in a specific technical area and analyse, design and communicate solutions to sometimes complex problems.
No occupational licensing, legislative or certification requirements are known to apply to this unit at the time of publication.
Elements and Performance Criteria
Elements describe the essential outcomes.
Performance criteria describe the performance needed to demonstrate achievement of the element.
1. Determine applicable legal framework
1.1 Identify and access current legislation, regulations, organisational procedures, standards and codes of practice affecting the workplace, industry, occupation or client
1.2 Determine legal accountability obligations in relation to workplace, industry, occupation or client
1.3 Identify consequences of non-compliance with legislation, regulations, organisational procedures, standards and codes of practice
2. Research, interpret and apply appropriate legislation
2.1 Monitor sources of information for changes to the legal framework
2.2 Regularly update and communicate information and changes to legal framework components which impact on work activities
3. Promote compliance with relevant legislation
3.1 Access current information about the range of legislation and other legally binding policies and protocols relating to own work
3.2 Clarify compliance requirements to confirm understanding and ensure consistency of interpretation and application
3.3 Obtain advice to assist in applying relevant legislation to own work and identifying compliance requirements
3.4 Identify areas of uncertainty in own work related to compliance requirements and take action to clarify issues
3.5 Identify possible implications of non-compliance and use these to guide own work practices
4. Assess situations which may potentially present legal problems and issues
4.1 Identify and document details of suspected or actual incidences of illegal conduct by self or others in the workplace
4.2 Contribute to ongoing monitoring and compliance with legal framework
4.3 Ensure that work is undertaken in a legally compliant manner
4.4 Recognise limits of own expertise, legal accountability obligations and access appropriate sources of expertise as required
4.5 Assess conduct of self and others in the workplace against specific components of the legal framework applicable to the workplace
4.6 Take appropriate actions to resolve or report illegal conduct, as required by applicable legislation, regulations, organisational procedures, standards and codes of practice
Evidence of Performance
The candidate must be assessed on their ability to integrate and apply the performance requirements of this unit in a workplace setting. Performance must be demonstrated consistently over time and in a suitable range of contexts.
The candidate must provide evidence that they can:
determine legislation and legal framework applicable to task
research, interpret and apply appropriate legislation
promote compliance with relevant legislation
assess situations which may potentially present legal problems and issues
maintain knowledge of legal frameworks and relevant legislation
develop and implement strategies to manage compliance with appropriate legislation
provide advice and documentation regarding applicable legislation, regulations, organisational procedures and codes of practice
use industry standard terminology.
Evidence of Knowledge
The candidate must demonstrate knowledge of:
the provisions contained in key relevant legislation and other legally binding legal policies and protocols from all levels of government that affect the relevant industry
relevant Australian Standards
organisational policies and procedures relating to legislation in organisation's functional area
penalties for non-compliance with legislative requirements
work health and safety requirements applicable to own work and functional area
the scope of legal practitioner and support role and own responsibilities and obligations to provide legal advice, complete or sign off on legal work and appear in court as described by relevant jurisdictions
how to encourage and support own compliance and that of others in the workplace
relevant conventions, treaties, agreements, guidelines, declarations, recommendations, laws and rules
how to apply legal information to the workplace
techniques to monitor compliance and identify illegal conduct
where to find appropriate sources of information and specialist personnel when limits of own expertise are reached in determining applicable legislation
accepted codes of practice relevant to the workplace including those relating to:
privacy and confidentiality
use of company property
duty of care
conflict of interest
compliance with reasonable direction
relevant general legal terminology.
Assessors must satisfy current standards for RTOs.
Foundation Skills essential to performance are explicit in the performance criteria of this unit of competency.