ELEMENT

PERFORMANCE CRITERIA

1. Attend situations where non-compliance is suspected/alleged

1.1 Procedure is followed in accordance with legal requirements and organisational policy and procedures.

1.2 Personal conduct is maintained in accordance with organisational guidelines and protocols.

1.3 Safety of self and others is protected in accordance with operational policy and procedures.

1.4 When assistance is required, requests are timely and in accordance with legislation, policy and procedures.

1.5 Activities and actions are carried out in accordance with legislation, organisational policy and procedures and the rules of evidence.

2. Take action on non-compliance

2.1 Mitigating circumstances are considered, where appropriate, in accordance with organisational policy and procedures.

2.2 Action on non-compliance is selected to match the seriousness of the offence.

2.3 Clients are informed of the action, justification for it and their rights of appeal in accordance with legislation, organisational policy and procedures.

2.4 Action is taken in accordance with legal requirements and organisational guidelines.

2.5 Personal actions/conduct are carried out in accordance with organisational guidelines and protocols and protect the rights and responsibilities of clients.

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

Skill requirements

Look for evidence that confirms skills in:

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

responding to diversity, including gender and disability

writing requiring accuracy of expression and formality in structure and format

applying public sector legislation such as occupational health and safety and environmental procedures in the context of actions on non-compliance

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

legislation, organisational procedures and guidelines

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 (demographics)

public sector legislation and standards

occupational health and safety and environmental considerations to ensure the safety of self and others

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

PSPGOV408A Value diversity

PSPGOV422A Apply government processes

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPREG401C Exercise regulatory powers

PSPREG402C Promote client compliance

PSPREG403B Assess compliance

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 the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)

action on non-compliance in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment

These resources include:

legislation, regulations, policy, guidelines and standards

public sector values and codes of conduct

range of actions appropriate for non-compliance under the legislation/regulations/standards

case studies and workplace scenarios to capture the range of situations likely to be encountered when acting on non-compliance

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 acting on non-compliance, including coping with difficulties, irregularities and breakdowns in routine

action on non-compliance 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

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.

Assistance may include:

other officers

other jurisdictions

other organisations

police

Legislation, policy and procedures may include:

enabling legislation

organisational processes

codes of conduct

equal employment opportunity and anti-discrimination law

Action on non-compliance may include:

oral or written instructions

warnings

seizure

infringement notices

expiation

cautions

fines

summons

notice of legal action

negotiation to achieve compliance if legally possible, and in accordance with organisational policy and procedures, undertaken when exercising prosecutorial discretion (sufficiency of evidence, public interest, reasonable prospect of success)

Clients may include:

people from all age groups, cultural and linguistic backgrounds

other public sector or private sector organisations

people with weapons

people affected by alcohol or drugs