ELEMENT

PERFORMANCE CRITERIA

1. Assess potential for recovery action

1.1 Information is collected and analysed to determine the potential for recovery action.

1.2 Assets or proceeds of crime are identified and values are estimated in accordance with organisational policy and procedures.

1.3 Financial circumstances are reviewed and debt recovery procedures are instigated in accordance with organisational policy and procedures.

1.4 Liaison is undertaken with respect to recovery action in accordance with legislation, policy and procedures.

1.5 Approval/decision to proceed with recovery action is obtained/made in accordance with organisational policy and procedures.

2. Implement recovery action

2.1 Recovery action is implemented in accordance with legal and organisational requirements.

2.2 Where relevant, affidavits are sought restraining action.

2.3 Recovery action is referred for decision and execution in accordance with legislation, organisational policy and 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:

undertaking research and analysis with regard to recovery actions

engaging in negotiation requiring exchanges of sometimes complex oral information

determining the value of assets or proceeds of crime and comparing to debt/s and charges raised

responding to diversity, including gender and disability

referring recovery action for decision requiring clarity, accuracy and formality of structure and language

recording of actions/agreements made, in relevant recording systems

applying public sector standards and legislation such as occupational health and safety and environment relating to recovery actions

Knowledge requirements

Look for evidence that confirms knowledge and understanding of:

legislation relating recovery actions

organisational guidelines and procedures for recovery

legal and organisational requirements for liaison and referral

ethical standards

equal employment opportunity, equity and diversity principles

public sector legislation such as occupational health and safety and environment relating to the recovery actions

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

PSPLEGN401A Encourage compliance with legislation in the public sector

PSPGOV406B Gather and analyse information

PSPGOV422A Apply government processes

PSPREG401C Exercise regulatory powers

PSPREG418A Advise on progress of investigations

PSPREG419A Finalise and report on investigations

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)

planning and implementation of recovery actions in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment

These resources include:

legislation, policy, procedures and protocols relating to recovery actions

case studies and workplace scenarios to capture the range of situations likely to be encountered when planning and implementing recovery actions

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 planning and implementing recovery actions, including coping with difficulties, irregularities and breakdowns in routine

planning and implementation of recovery actions 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

projects

questioning

scenarios

simulation or role plays

authenticated evidence from the workplace (subject to complying with privacy requirements) 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.

Assets or proceeds of crime may include:

physical/actual property

anything derived from/used in an illegal activity, such as:

money

property

vehicles

other assets

Liaison may occur with:

legal counsel

director of public prosecutions

Recovery action may include:

forfeiture

pecuniary penalty

debts

charges

Referral may be to:

director of public prosecutions

Australian Federal Police

Legislation, policy and procedures may include:

proceeds of crime legislation

public service Acts

administrative decisions (judicial review) Acts

Crimes Act 1914 and Criminal Code Act 1995

criminal code

case law

administrative law

public sector standards

organisational policy and procedures