Application
Not applicable.
Prerequisites
Not applicable.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Assist others to comply with legislative requirements | 1.1 Knowledge of the range of legislation and guidelines relating to the public sector workplace is regularly updated to ensure currency. 1.2 The way various pieces of legislation are integrated to provide a legislative framework for public sector work and the key requirements of each piece of legislation are confirmed and conveyed to others using language and examples suited to their individual needs. 1.3 Own work practices and procedures are used to provide a consistent model of compliance with legislative requirements relating to the public sector work environment. 1.4 The consequences of non-compliance with public sector legislation are identified and conveyed to others using language and examples suited to individual needs. 1.5 Others are assisted to locate and access current information on legislation and guidelines. 1.6 Others are encouraged to identify and obtain advice on apparently conflicting legislative requirements in accordance with organisational policy and procedures. |
2. Act on non-compliance | 2.1 Actions that might constitute breaches of legislation are identified and discussed with others in accordance with organisational requirements. 2.2 Possible breaches of legislation are acted upon or referred promptly to an authorised person/body in accordance with organisational procedures. 2.3 Inadequacies in workplace procedures which may contribute to non-compliance are reported and addressed in accordance with organisational procedures. |
Required Skills
This section describes the essential skills and knowledge and their level, required for this unit. |
Skill requirements Look for evidence that confirms skills in: accessing and reading complex and formal documents such as legislation and related materials assisting others to apply legislation to work practices and to identify inappropriate conduct using guidelines to effectively administer legislative requirements exercising discretion in accordance with legislation and guidelines communicating with others involving exchanges of complex oral/written information using technology to access legislative requirements responding to diversity, including gender and disability applying environmental and occupational health and safety procedures and encouraging others in their application |
Knowledge requirements Look for evidence that confirms knowledge and understanding of: the range of legislation relating to the public sector (including occupational health and safety, and specific enabling legislation relating to the business) and the key requirements of each public sector codes of ethics/conduct consequences of non-compliance procedures for acting on and reporting possible breaches of legislation equal employment opportunity, equity and diversity principles |
Evidence Required
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package. | |
Units to be assessed together | Pre-requisite units that must be achieved prior to this unit:Nil Co-requisite units that must be assessed with this unit:Nil Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to: PSPETHC401A Uphold and support the values and principles of public service PSPGOV402B Deliver and monitor service to clients PSPGOV403B Use resources to achieve work unit goals PSPGOV407B Provide a quotation PSPGOV422A Apply government processes PSPPROC409A Receive and select offers PSPREG407B Produce formal record of interview |
Overview of evidence requirements | In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms: the knowledge requirements of this unit the skill requirements of this unit application of Employability Skills as they relate to this unit compliance with legislation encouraged in a range of (3 or more) contexts (or occasions, over time) |
Resources required to carry out assessment | These resources include: public sector legislation, regulations and guidelines procedures and protocols scenarios and case studies to capture the range of situations likely to be encountered when assisting others to comply with legislation |
Where and how to assess evidence | Valid assessment of this unit requires: a workplace environment, or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when encouraging compliance with legislation in the public sector, including coping with difficulties, irregularities and apparently conflicting legislative requirements compliance with legislation encouraged in a range of (3 or more) contexts (or occasions, over time). Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as: people with disabilities people from culturally and linguistically diverse backgrounds Aboriginal and Torres Strait Islander people women young people older people people in rural and remote locations. Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of: case studies portfolios questioning scenarios simulation or role plays authenticated evidence from the workplace and/or training courses |
For consistency of assessment | Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments |
Range Statement
The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in bold italics in the Performance Criteria is explained here. | |
Legislation and guidelines may relate to: | public sector standards: codes of conduct/ethics guarantee of service legislated standards State/Territory/Commonwealth/organisational standards technical/industrial standards professional standards industry competency standards anti-corruption legislation whistleblowers' protection public sector employment: employee relations chief executive officer's instructions Commissioner's instructions public sector notices workplace environment: equal employment opportunity affirmative action workplace diversity anti-discrimination workplace harassment occupational health and safety duty of care security, storage, handling and classification of documents financial management and accountability: Treasurer's instructions contractual obligations transparency: freedom of information professional reporting accountability fair trading business and community: privacy trade practices competition road transport legislation information and records management standards and legislation the organisation's enabling legislation, regulations aspects of common law, criminal law, contract law, employment law and administrative law, including judges' rules international legislation/codes of behaviour |
Others may include: | colleagues supervised staff contractors |
Consequences of non-compliance may include: | for individuals: counselling disciplinary action transfer, demotion, dismissal legal liability fine external consequences, for example: to clients to the organisation's reputation |
Conflicting legislative requirements may include: | apparent contradiction between statutes apparent conflict between statutes and policy requirements contradictions between different policy requirements contradictions within a single piece of legislation |
Inadequacies in workplace procedures may include: | insufficient financial/other controls insecure Internet/fax access non-auditable records processes ambiguous guidelines no guidelines unnecessary complexity use of non-current legislation |
Sectors
Not applicable.
Competency Field
Legislation and Compliance
Employability Skills
This unit contains employability skills.
Licensing Information
Not applicable.