PSPREV001
Identify and apply statute law


Application

This unit describes the skills required to identify statute law and how it applies to a range of situations affecting customers.

This unit applies to those working in public sector roles involving revenue and statute laws.

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 independently, performing complex tasks in a familiar context.

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. Identify applicable statute law

1.1 Apply principal rules governing the interpretation of statutes.

1.2 Analyse statutes to identify components applicable to the situation at hand.

2. Apply statute law

2.1 Use information on the creation, amendment and interpretation of laws to assist in identifying applicable bills, Acts and subordinate legislation.

2.2 Use the interpretation Act in accordance with its purpose.

2.3 Interpret and apply statutes in accordance with precedents, rulings and Commissioner’s practices.

2.4 Use explanatory statements to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations.

2.5 Make reference to relevant case law and other extraneous material as required.

2.6 Complete records that cite applicable statute law using commonly accepted practices and abbreviations.

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.

searching for and identifying applicable statute laws, rulings, precedents and Commissioner’s practices

reading, analysing and interpreting complex, formal documents, including legislation, regulations, explanatory statements, rulings and Commissioner’s practices and applying them to work situations

communicating with others involving exchanges of complex oral and written information

using technology to access applicable statutes and record outcomes

applying environmental, sustainability and work health and safety procedures to administrative and IT-related work


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.

law-making processes in Australia

structure and components of an Act

primary and secondary sources of law

principal rules governing the interpretation of statute law

the doctrine of precedent

purpose and use of Interpretation Act

abbreviations and commonly accepted practices used in citing statute law


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

Revenue administration