PSPREG008
Act on non-compliance


Application

This unit describes the skills required to issue advice, instructions, warnings, notices, fines and other actions in response to non-compliance situations. It includes attending situations where non-compliance is suspected or alleged, and taking action on non-compliance.

This unit applies to those working in public sector roles conducting regulatory activities.

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 in as part of a team under routine guidance, performing routine tasks in a range of mostly 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. Attend situations where non-compliance is suspected/alleged

1.1 Follow procedure.

1.2 Maintain personal conduct.

1.3 Protect the safety of self and others.

1.4 Make prompt requests for assistance.

1.5 Carry out activities and actions in accordance with rules of evidence.

2. Take action on non-compliance

2.1 Consider mitigating circumstances.

2.2 Select action on non-compliance to match the seriousness of the offence.

2.3 Inform clients of the action, justification for it and their rights of appeal.

2.4 Take action in accordance with legal requirements.

2.5 Carry out personal actions and/or conduct in accordance with protocols and protect the rights and responsibilities of clients.

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.

undertaking negotiation and conflict resolution

applying risk management and self-preservation techniques

using judgment and decision making

exchanging often complex oral information in a form to suit diverse audiences

writing requiring accuracy of expression and formality in structure and format


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

organisational parameters for decision-making

range of appropriate actions possible for different offences

negotiation in the context of achieving compliance

awareness of social and cultural issues


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

Regulatory