LGACOM406A
Investigate alleged breaches of legislation and prepare documentation

This unit covers the administration of relevant legislation to ensure compliance.

Application

This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.


Prerequisites

Prerequisite Unit/s


Elements and Performance Criteria

ELEMENT

PERFORMANCE CRITERIA

1. Identify possible breaches

1.1. Possible breaches are identified through complaint or other means, recorded in accordance with legislative and council requirements and notified to more senior staff.

2. Investigate alleged breaches

2.1. Further information is obtained on possible breaches.

2.2. If inspection is authorised, the alleged offending party is notified and a time scheduled for an inspection that is conducted according to council procedures.

2.3. Available information from the inspection is assessed against relevant legislation to determine if a breach has occurred and relevant details are accurately recorded.

2.4. The complainant is advised of investigation outcomes in accordance with council policies and procedures.

2.5. All parties are informed of their rights according to legislation and within appropriate time frames.

3. Propose appropriate action to achieve compliance

3.1. Consultation with the alleged offending party is undertaken to facilitate resolution.

3.2. Options for action are identified to achieve compliance at the earliest date with the least inconvenience to all parties.

3.3. A practical action to achieve compliance is selected as a result of consultation and relevant authorities are notified, where required.

4. Undertake action to achieve compliance

4.1. Notices are issued to relevant parties that clearly document breaches and recommend appropriate action to achieve compliance.

4.2. A clear report recommending appropriate action is prepared and submitted to council.

4.3. Proceedings are instigated within the required time frame in terms of required legal procedure.

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Required Skills

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

Required Skills

negotiation, including providing supporting reasons, considering suggestions of others and responding appropriately

investigation

working to time lines

inspection techniques for possible breaches

communicating with public while adjusting communication to accommodate language and cultural differences

selecting, reading and interpreting relevant legislation

writing reports, including introducing the issues, arguments and supporting evidence and recommending actions.

Required Knowledge

council structure and services

relevant legislation and controls

forms of action

types of notices

administration.

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Evidence Required

Overview of assessment requirements

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered

Complaints are investigated.

Alleged offender is consulted.

Notices are issued.

Reports are compiled.

Context of assessment

On the job or in a simulated work environment.

Relationship to other units(prerequisite or co-requisite units)

Prerequisite units: nil

Co-requisite units: nil.

Method of assessment

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Evidence required for demonstration of consistent performance

The following assessment methods are suggested:

observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies

written and/or oral questioning to assess knowledge and understanding

completion of workplace documentation

third-party reports from experienced practitioners

completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor.

Resource implications

Access to a workplace or simulated case study that provides the following resources:

computers

relevant legislation

Access to real parties in an action or simulated role-play process.


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. Bold italicised wording in the Performance Criteria is detailed below.

Breaches may include:

parking offences

swimming pools

dog nuisances

general by-laws

litter

pollution

unauthorised buildings

businesses operating outside permitted hours

illegal land use

fires

off-road vehicles

illegal landfills.

Relevant authorities may include:

building surveyors

planners

utilities

water authorities

council

state government authorities.

Council policies and procedures may include:

priority

bona fides of a complainant.

Time frames may include:

statute of limitations

state or territory specific.

Legislation may include:

federal

state or territory

local controls.

Information may include:

written and oral records

reports

instructions

directions from supervisor or management

formal and informal interviews

team meetings

reports from other services, agencies, specialists or experts

media.

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Sectors

Unit Sector

Regulatory Services Units

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Employability Skills

This unit contains employability skills.


Licensing Information

Not applicable.