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Evidence Guide: PSPWPI003 - Investigate possible breaches of workplace legislation

Student: __________________________________________________

Signature: _________________________________________________

Tips for gathering evidence to demonstrate your skills

The important thing to remember when gathering evidence is that the more evidence the better - that is, the more evidence you gather to demonstrate your skills, the more confident an assessor can be that you have learned the skills not just at one point in time, but are continuing to apply and develop those skills (as opposed to just learning for the test!). Furthermore, one piece of evidence that you collect will not usualy demonstrate all the required criteria for a unit of competency, whereas multiple overlapping pieces of evidence will usually do the trick!

From the Wiki University

 

PSPWPI003 - Investigate possible breaches of workplace legislation

What evidence can you provide to prove your understanding of each of the following citeria?

Conduct initial assessment of situation

  1. Identify type of investigation or situation.
  2. Assess situations with regard to personal safety and the safety of others, and put safeguards in place.
  3. Contact persons involved.
  4. Establish and maintain integrity of situation.
Identify type of investigation or situation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess situations with regard to personal safety and the safety of others, and put safeguards in place.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Contact persons involved.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Establish and maintain integrity of situation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Initiate and conduct investigations

  1. Issue instructions to persons involved.
  2. Identify and access resources required before conducting the investigation.
Issue instructions to persons involved.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and access resources required before conducting the investigation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Examine the situation

  1. Record details of the situation and all those involved in possible breach.
  2. Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.
  3. Document the reasons and justification if no breach has occurred or no action is to be taken.
  4. Recommend appropriate action if breach is confirmed, within the officer’s discretion.
  5. Maintain record of evidence.
Record details of the situation and all those involved in possible breach.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Document the reasons and justification if no breach has occurred or no action is to be taken.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recommend appropriate action if breach is confirmed, within the officer’s discretion.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Maintain record of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify potential witnesses and record initial statements

  1. Identify potential witnesses and record their details.
  2. Take statements.
Identify potential witnesses and record their details.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Take statements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess investigation material and gathered information

  1. Review information and evidence gathered against legislation and other relevant material.
  2. Evaluate information and evidence relevance and strength of proof.
  3. Identify, prioritise and schedule further proofs for action.
  4. Obtain further evidence when required.
Review information and evidence gathered against legislation and other relevant material.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evaluate information and evidence relevance and strength of proof.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify, prioritise and schedule further proofs for action.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Obtain further evidence when required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct formal interviews

  1. Conduct interview.
  2. Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.
  3. Complete a record of the interview.
Conduct interview.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete a record of the interview.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete investigation report

  1. Compile report.
  2. Forward report to appropriate personnel for review and action.
  3. Gather and compile additional information and evidence identified in report.
  4. Forward final report through appropriate channels for processing.
Compile report.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Forward report to appropriate personnel for review and action.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Gather and compile additional information and evidence identified in report.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Forward final report through appropriate channels for processing.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct initial assessment of situation

  1. Identify type of investigation or situation.
  2. Assess situations with regard to personal safety and the safety of others, and put safeguards in place.
  3. Contact persons involved.
  4. Establish and maintain integrity of situation.
Identify type of investigation or situation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess situations with regard to personal safety and the safety of others, and put safeguards in place.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Contact persons involved.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Establish and maintain integrity of situation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Initiate and conduct investigations

  1. Issue instructions to persons involved.
  2. Identify and access resources required before conducting the investigation.
Issue instructions to persons involved.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify and access resources required before conducting the investigation.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Examine the situation

  1. Record details of the situation and all those involved in possible breach.
  2. Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.
  3. Document the reasons and justification if no breach has occurred or no action is to be taken.
  4. Recommend appropriate action if breach is confirmed, within the officer’s discretion.
  5. Maintain record of evidence.
Record details of the situation and all those involved in possible breach.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Document the reasons and justification if no breach has occurred or no action is to be taken.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Recommend appropriate action if breach is confirmed, within the officer’s discretion.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Maintain record of evidence.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify potential witnesses and record initial statements

  1. Identify potential witnesses and record their details.
  2. Take statements.
Identify potential witnesses and record their details.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Take statements.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assess investigation material and gathered information

  1. Review information and evidence gathered against legislation and other relevant material.
  2. Evaluate information and evidence relevance and strength of proof.
  3. Identify, prioritise and schedule further proofs for action.
  4. Obtain further evidence when required.
Review information and evidence gathered against legislation and other relevant material.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Evaluate information and evidence relevance and strength of proof.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Identify, prioritise and schedule further proofs for action.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Obtain further evidence when required.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Conduct formal interviews

  1. Conduct interview.
  2. Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.
  3. Complete a record of the interview.
Conduct interview.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete a record of the interview.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Complete investigation report

  1. Compile report.
  2. Forward report to appropriate personnel for review and action.
  3. Gather and compile additional information and evidence identified in report.
  4. Forward final report through appropriate channels for processing.
Compile report.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Forward report to appropriate personnel for review and action.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Gather and compile additional information and evidence identified in report.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Forward final report through appropriate channels for processing.

Completed
Date:

Teacher:		 Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

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. Conduct initial assessment of situation

1.1 Identify type of investigation or situation.

1.2 Assess situations with regard to personal safety and the safety of others, and put safeguards in place.

1.3 Contact persons involved.

1.4 Establish and maintain integrity of situation.

2. Initiate and conduct investigations

2.1 Issue instructions to persons involved.

2.2 Identify and access resources required before conducting the investigation.

3. Examine the situation

3.1 Record details of the situation and all those involved in possible breach.

3.2 Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.

3.3 Document the reasons and justification if no breach has occurred or no action is to be taken.

3.4 Recommend appropriate action if breach is confirmed, within the officer’s discretion.

3.5 Maintain record of evidence.

4. Identify potential witnesses and record initial statements

4.1 Identify potential witnesses and record their details.

4.2 Take statements.

5. Assess investigation material and gathered information

5.1 Review information and evidence gathered against legislation and other relevant material.

5.2 Evaluate information and evidence relevance and strength of proof.

5.3 Identify, prioritise and schedule further proofs for action.

5.4 Obtain further evidence when required.

6. Conduct formal interviews

6.1 Conduct interview.

6.2 Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.

6.3 Complete a record of the interview.

7. Complete investigation report

7.1 Compile report.

7.2 Forward report to appropriate personnel for review and action.

7.3 Gather and compile additional information and evidence identified in report.

7.4 Forward final report through appropriate channels for processing.

Required Skills and Knowledge

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. Conduct initial assessment of situation

1.1 Identify type of investigation or situation.

1.2 Assess situations with regard to personal safety and the safety of others, and put safeguards in place.

1.3 Contact persons involved.

1.4 Establish and maintain integrity of situation.

2. Initiate and conduct investigations

2.1 Issue instructions to persons involved.

2.2 Identify and access resources required before conducting the investigation.

3. Examine the situation

3.1 Record details of the situation and all those involved in possible breach.

3.2 Locate, collect, package, record, label and store potential evidence to ensure preservation of integrity of evidence and for further examination in line with the rules of evidence.

3.3 Document the reasons and justification if no breach has occurred or no action is to be taken.

3.4 Recommend appropriate action if breach is confirmed, within the officer’s discretion.

3.5 Maintain record of evidence.

4. Identify potential witnesses and record initial statements

4.1 Identify potential witnesses and record their details.

4.2 Take statements.

5. Assess investigation material and gathered information

5.1 Review information and evidence gathered against legislation and other relevant material.

5.2 Evaluate information and evidence relevance and strength of proof.

5.3 Identify, prioritise and schedule further proofs for action.

5.4 Obtain further evidence when required.

6. Conduct formal interviews

6.1 Conduct interview.

6.2 Review and clarify information to ensure its relevance and sufficiency prior to concluding the interview.

6.3 Complete a record of the interview.

7. Complete investigation report

7.1 Compile report.

7.2 Forward report to appropriate personnel for review and action.

7.3 Gather and compile additional information and evidence identified in report.

7.4 Forward final report through appropriate channels for processing.

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 legal research

evaluating information in investigating breaches

applying principles of natural justice and procedural fairness

applying legislative requirements and organisational policies and procedures in all investigations

applying risk management principles to investigative procedures, including personal safety

negotiating

dealing with conflicting information

dealing with conflict

interviewing and questioning

ensuring due consideration of information and evidence

planning and organising skills to ensure the coordinated and thorough investigation of possible breaches of workplace legislation

decision-making to reflect deliberation of the evidence and the risk assessment

undertaking comprehensive planning of investigative responses

conducting detailed examination of potential or reported breaches

preparing resources required to conduct investigations

carrying out diverse information-gathering activities to substantiate recommendations

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.

federal and state workplace legislative framework applying to workplace inspections, including legislation relating to work health and safety and workplace relations

risk management principles relating to personal and workplace safety

common law principles applying to inspection of workplaces

powers of workplace inspectors under jurisdictional legislation

functions and roles of other professionals and experts who may be called in to advise on possible breaches or to act as witnesses

organisational investigation procedures

rules of evidence and evidence management