Application
This unit describes the skills required to determine liability relating to injured workers and negotiations to settle future liabilities. It includes estimating liability, determining settlement options and negotiating settlements.
This unit applies to those working in public sector roles but may be applied to anyone working in a similar organisational context.
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 while performing complex tasks in a range of familiar contexts.
No licensing, legislative or certification requirements apply to unit at the time of publication.
Elements and Performance Criteria
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. Estimate liability | 1.1 Use current information and guidelines on legislative changes and liability management to ensure up-to-date methods are used to estimate liability. 1.2 Identify all anticipated costs the employer believes may be incurred up to the time claims are resolved. 1.3 Use case estimate software facilities as required to create automated case estimates based on reporting data. 1.4 Use key indicators to estimate costs and amend automated estimates as necessary, based on local knowledge of particular claims. 1.5 Review estimates at required intervals, and maintain estimates of future liability on all open claims. 1.6 Identify and pursue recovery rights against other parties or employers for the disabilities claimed. |
2. Determine settlement options | 2.1 Identify settlement options. 2.2 Assess options to determine the most cost effective course of action, given the nature and extent of each liability. |
3. Negotiate settlements | 3.1 Consult injured workers to ensure they have competent professional and financial advice before entering into an agreement. 3.2 Negotiate settlement terms to meet obligations and minimise losses. 3.3 Determine settlement terms that represent substantial savings on costs that would otherwise have been incurred for future liability. 3.4 Negotiate settlements within financial delegations or refer. 3.5 Obtain discharge to ensure potential for further liability is eliminated. 3.6 Refer settlements, for conciliation and arbitration where agreement cannot be reached. |
Evidence of Performance
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.
applying legislation, regulations and policies relating to determining liability and negotiating settlements
determining liability and negotiating settlements in the context of injury management
using communication including negotiation and problem solving with injured workers, their representatives, employers and case coordinators
Evidence of Knowledge
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.
public sector legislation legislation work health and safety and environment, regulations, policies, procedures and guidelines relating to injury management
case estimate software
methodology for estimating liability
risk management in the context of injury management
delegations
obligations and options for settlement under the legislation
Assessment Conditions
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.
Foundation Skills
Foundation skills are embedded within the elements and performance criteria of this unit.
Competency Field
Injury management