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.

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

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

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