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Evidence Guide: SIRXGLC502 - Establish business legal and legislative requirements

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

 

SIRXGLC502 - Establish business legal and legislative requirements

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

Examine legal compliance of business-to-business arrangements.

  1. Determine key elements of major legal oversight systems affecting business-to-business operations.
  2. Compare various issues affecting different forms of contract and agreements within business operations.
  3. Detail business entities commonly encountered in the business environment.
  4. Examine legal aspects of financial transactions within business operations.
  5. Determine legal requirements for the sale of products and services across state, territory, regional and national borders.
  6. Examine legal implications of e-commerce for business-to-business operations.
Determine key elements of major legal oversight systems affecting business-to-business operations.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Compare various issues affecting different forms of contract and agreements within business operations.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Detail business entities commonly encountered in the business environment.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Examine legal aspects of financial transactions within business operations.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine legal requirements for the sale of products and services across state, territory, regional and national borders.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Examine legal implications of e-commerce for business-to-business operations.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Establish compliance of current product recall policy and procedures.

  1. Develop procedures and guidelines for supplier-initiated recalls.
  2. Develop recall procedures and guidelines for government or industry-initiated recalls.
  3. Ensure product recall procedures and guidelines comply with prevailing legislative, legal and industry requirements.
  4. Circulate product recall procedures and policies to relevant personnel and business partners.
  5. Establish procedures for halting or monitoring the sale and distribution of recalled products.
  6. Inform staff of risks associated with recalled products.
  7. Establish policy and procedures for dealing with media and consumer enquiries relating to product recalls.
  8. Establish storage, isolation or disposal process for recalled products according to risk and recall notification.
  9. Analyse records and reports on product recall activities and costs.
Develop procedures and guidelines for supplier-initiated recalls.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Develop recall procedures and guidelines for government or industry-initiated recalls.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Ensure product recall procedures and guidelines comply with prevailing legislative, legal and industry requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Circulate product recall procedures and policies to relevant personnel and business partners.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Establish procedures for halting or monitoring the sale and distribution of recalled products.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Inform staff of risks associated with recalled products.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Establish policy and procedures for dealing with media and consumer enquiries relating to product recalls.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Establish storage, isolation or disposal process for recalled products according to risk and recall notification.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse records and reports on product recall activities and costs.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Ensure compliance of parties undertaking business transactions.

  1. Determine legal rules relating to ownership of assets and intellectual property.
  2. Apply legal rules relating to the transfer of risk.
  3. Design and issue warranties in compliance with relevant legislation.
  4. Ensure insurance for business operations and products complies with relevant legislation.
  5. Determine legal remedies and enforcement options available for the resolution of disputes.
Determine legal rules relating to ownership of assets and intellectual property.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Apply legal rules relating to the transfer of risk.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Design and issue warranties in compliance with relevant legislation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Ensure insurance for business operations and products complies with relevant legislation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine legal remedies and enforcement options available for the resolution of disputes.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Ensure compliance with business and contract law.

  1. Determine and apply requirements for a valid contract to be formed in a business environment.
  2. Apply remedies available for breaches of contract within a business-to-business transaction.
  3. Analyse and apply range of principles affecting business-to-business licensing and other agreements.
Determine and apply requirements for a valid contract to be formed in a business environment.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Apply remedies available for breaches of contract within a business-to-business transaction.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse and apply range of principles affecting business-to-business licensing and other agreements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse application of intellectual property.

  1. Determine major principles relating to intellectual property and its creation.
  2. Compare various forms or categories of intellectual property.
  3. Apply law of copyright in business-to-business transactions and relationships.
  4. Apply law of design in business-to-business transactions and relationships.
  5. Analyse various methods of regulating patents and trademarks in an international and local business environment.
  6. Apply principles of assignment and licensing of intellectual property rights.
  7. Determine legal consequences of franchising of intellectual property rights held by a business.
Determine major principles relating to intellectual property and its creation.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Compare various forms or categories of intellectual property.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Apply law of copyright in business-to-business transactions and relationships.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Apply law of design in business-to-business transactions and relationships.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Analyse various methods of regulating patents and trademarks in an international and local business environment.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Apply principles of assignment and licensing of intellectual property rights.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Determine legal consequences of franchising of intellectual property rights held by a business.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Ensure compliance with workplace and safety laws.

  1. Identify and implement policies and procedures to ensure goods are handled, stored and transported safely and according to requirements for dangerous and hazardous materials.
  2. Identify and implement policies and procedures to ensure food is handled, stored nd transported according to food safety requirements.
  3. Identify and implement policies and procedures to ensure equal employment opportunity (EEO), anti-discrimination and related legislative provisions and business codes are implemented.
  4. Record, store and transfer information according to legislative and business requirements.
  5. Administer access to records according to legislative and business requirements ensuring customer and staff privacy is protected.
  6. Use appropriate channels to report and action grievances or complaints against individual behaviour or practices in line with organisational policies and procedures.
Identify and implement policies and procedures to ensure goods are handled, stored and transported safely and according to requirements for dangerous and hazardous materials.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify and implement policies and procedures to ensure food is handled, stored nd transported according to food safety requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Identify and implement policies and procedures to ensure equal employment opportunity (EEO), anti-discrimination and related legislative provisions and business codes are implemented.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Record, store and transfer information according to legislative and business requirements.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Administer access to records according to legislative and business requirements ensuring customer and staff privacy is protected.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Use appropriate channels to report and action grievances or complaints against individual behaviour or practices in line with organisational policies and procedures.

Completed
Date:

Teacher:
Evidence:

 

 

 

 

 

 

 

Assessed

Teacher: ___________________________________ Date: _________

Signature: ________________________________________________

Comments:

 

 

 

 

 

 

 

 

Instructions to Assessors

Evidence Guide

The evidence guide provides advice on assessment and must be read in conjunction with the performance criteria, required skills and knowledge, range statement and the Assessment Guidelines for the Training Package.

Critical aspects for assessment and evidence required to demonstrate competency in this unit

Evidence of the following is essential:

completes tasks associated with management of a business operation in a satisfactory and timely manner and in compliance with legal and legislative requirements

uses relevant legal and statutory rights to protect the business brand and intellectual property

implements and documents product recall procedures for a business operation

describes and complies with legal rules relating to transfer of risk and legal obligations affecting a specific range of business operations, including import and export operations

establishes and implements appropriate reporting procedures and record-keeping systems for a business operation

processes documentation relating to business and legal compliance within a set timeframe.

Context of and specific resources for assessment

Assessment must ensure access to:

a retail work environment

relevant documentation, such as:

relevant legislation and statutory requirements

information on the internal and external operating environment

business policy and procedures manuals

information on:

business operations

markets

competitors

products and services

suppliers.

Method of assessment

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

observation of performance in the workplace

third-party reports from a supervisor

review of portfolios of evidence

written or verbal questioning to assess knowledge and understanding.

Guidance information for assessment

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended.

Required Skills and Knowledge

Required skills

communication and interpersonal skills to:

discuss risk management plan

inform staff of risks associated with recalled products through clear and direct communication

share information

use and interpret non-verbal communication

use language and concepts appropriate to cultural differences

literacy and numeracy skills to:

determine the costs and consequences of noncompliance with key legal obligations and requirements affecting wholesale transactions

interpret language and meaning associated with legislative, statutory, legal, insurance and contractual documents that span national and international contexts

record, store and transfer information

research, plan, analyse and organise information

self-management skills to apply relevant legal principles

Required knowledge

business policy and procedures affecting job role or function

contract validation

information sources on product and supply arrangements for customers

principles relating to intellectual property

product and service warranties

relevant legislation and statutory requirements, including:

industry codes of practice

work health and safety (WHS)

Australian consumer law

domestic and international law, conventions, agreements and legislation

remedies available for breach of contract

reporting requirements

business context, both national and international, in which the legal, insurance, rights and contractual sources of information apply

Range Statement

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the individual, accessibility of the item, and local industry and regional contexts) may also be included.

Legal oversight systems may include:

Australian Competition and Consumer Commission provisions

contract law

environmental protection, and sustainability

EEO

industry codes of practice

licence, patent or copyright arrangements

WHS

Australian consumer law and fair trading Acts

transport, storage and handling of goods

workplace relations.

Different forms of contract and agreementsmay include or relate to:

common-use arrangements or standing offers

consequences

contracts, including:

contracts as detailed under the Australian consumer law

external contracts

in-house service level agreements

letters of appointment or intent

memorandums of understanding or memorandums of agreement

non-compliance

people contracts

petty cash

purchase orders

trade partners

verbal and written orders.

Financial transactions may include:

cash on delivery (COD)

cheques

credit card transactions

customer account management

customer refunds

deposits

hire-purchase

withdrawals.

Legal requirements for the sale of products and services may include:

industry codes of practice

liquor laws

lottery legislation

WHS

pricing procedures, including GST requirements

sale of second-hand goods

sale of X and R-rated products

tobacco laws

Australian consumer law and fair trading Acts.

Product recallprocedures and guidelines may be developed in consideration of:

approvals obtained

claim procedures on recalled products

consultation with key stakeholders

impact on business relationships and contractual arrangements

insurance issues

legal requirements

organising logistics

reporting compliance

timing

warnings.

Procedures and guidelinesmay include:

customer-specific

documented in hard copy or electronic manuals

implemented at business, team or operational levels

product or service-specific

territory or location-specific.

Relevant personnel may include:

employees

internal or external contacts

relevant managers

supervisors.

Staffmay include:

fulltime, part-time, casual or contract staff

people from a range of cultural, social and ethnic backgrounds

people with a range of responsibilities and job descriptions

people with varying degrees of language and literacy.

Principles related to intellectual property may vary according to:

ability to show ownership

legal and legislative provisions

location, for example, international variations in legal protection

nature of product or service delivery

nature of the product or service

scope of protection sought.

Record may refer to:

asset registers

corporate credit card transaction statements

evaluation process documentation

financial statements

human resources files

invoices and payment requests

offer and contract documents

purchase requests and orders

records of authorised officers’ decisions

records of conversation

records of supplier performance

statements and petty cash vouchers

tender submissions and proposals.

Appropriate channels may include:

informal and formal meetings

presentations

verbal reports

written reports.

Grievances or complaints may be reported by:

customers

management

staff

staff representatives.