Unit of Competency Mapping – Information for Teachers/Assessors – Information for Learners

BSBMKG520A Mapping and Delivery Guide
Manage compliance within the marketing legislative framework

Version 1.0
Issue Date: May 2024


Qualification -
Unit of Competency BSBMKG520A - Manage compliance within the marketing legislative framework
Description This unit describes the performance outcomes, skills and knowledge required to comply with the marketing legislative framework, and use this framework for competitive advantage.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Employability Skills This unit contains employability skills.
Learning Outcomes and Application This unit applies to individuals working in a marketing supervisory or management role within a marketing team. They may work in small, medium or large enterprises and in a variety of industries. Within their role they will be required to understand the legal environment in which marketing decisions are made in the organisation so that the organisation can avoid litigation, as well as use the legislative framework to assist marketing strategies. Individuals in these roles will need to competently discuss legal issues with specialists, but will not be making legal decisions independently.
Duration and Setting X weeks, nominally xx hours, delivered in a classroom/online/blended learning setting.
Prerequisites/co-requisites
Competency Field Business development - marketing
Development and validation strategy and guide for assessors and learners Student Learning Resources Handouts
Activities 		Slides
PPT 		Assessment 1 Assessment 2 Assessment 3 Assessment 4
Elements of Competency Performance Criteria              
Element: Identify and interpret the legislative framework relating to marketing
  • Identify and locate current information about legislation as it relates to marketing decision making in the industry context
  • Identify codes of practice as they relate to marketing, and analyse their implications for the industry context
  • Analyse how legislation relating to marketing can protect and assist the trader, consumer and competitive process
  • Identify sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context
       
Element: Promote a culture of compliance with the legislative framework relating to marketing
  • Identify benefits and essential components of the legal compliance program relating to marketing, and how they fit with the whole of organisation compliance program
  • Participate in a marketing compliance audit and make recommendations to address identified gaps
  • Identify possible implications of non-compliance and use them to recommend changes to practice
  • Design a training program to educate staff on compliance as it relates to marketing
       
Element: Recommend strategies to use the legislative framework relating to marketing for competitive advantage
  • Identify and analyse a range of methods to protect the organisation's products and services being marketed against intellectual property breaches
  • Make recommendations on strategies for protection of intellectual property rights and present to key stakeholders
  • Make recommendations to implement systems to identify intellectual property infringement by third parties
  • Identify remedies for own and other organisations' breaches of marketing legislation which could have an impact on the organisation
  • Access and effectively use others' intellectual property within legal guidelines for business advantage
       


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

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.

Overview of assessment

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

Evidence of the following is essential:

identification and application of legislation and codes of practice as they relate to marketing

promotion of a culture of compliance with the legislative framework relating to marketing

development of strategies to use the legislative framework for competitive advantage.

Context of and specific resources for assessment

Assessment must ensure access to:

a workplace or simulated work environment

relevant workplace documents

research facilities.

Method of assessment

The following assessment methodsare appropriate for this unit:

review of portfolio of evidence of actions taken to promote a culture of compliance with the legislative framework relating to marketing

oral or written questioning to assess understanding and application of the marketing legislative framework

analysis of responses to case studies and scenarios around issues relating to marketing law

demonstration of training for staff around marketing compliance issues

review of report with recommendations for action for an organisation to ensure compliance with the marketing legislative framework.

Guidance information for assessment

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

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assignment, checklist) and due date here

Assessment task 1: [title]      Due date:

(add new lines for each of the assessment tasks)

Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

Required skills

analytical skills to interpret how legislation around marketing could impact on the business

initiative and enterprise skills to identify opportunities to use the legislative framework for competitive advantage

learning skills to design training programs that are suitable for a range of people with different learning styles

literacy skills to produce complex reports and recommendations around compliance

research skills to:

locate legislation and codes of practice relating to marketing

participate in a compliance audit

technology skills to research the legislative framework

verbal communication skills to:

negotiate with legal advisers

train staff on compliance

Required knowledge

components of a compliance program and compliance audit

different methods to protect intellectual property

key provisions of legislation as it relates to marketing, including:

door-to-door sales legislation

legislation around intellectual property, including:

Copyright Act

Designs Act

passing off

Patents Act

state or territory Business Names Acts

Trade Marks Act

lotteries and gaming legislation

packaging and labelling legislation

sale of goods legislation

state or territory competition codes

state or territory Fair Trading Acts

Therapeutic Goods Act

trade measures legislation

key provisions of codes of practice relating to marketing, including:

Australian Association of National Advertisers Code of Ethics

Australian Direct Marketing Code of Practice

Australian Communications and Media Authority (ACMA) Australian eMarketing Code of Practice

Therapeutic Goods Advertising Code

individual organisation's marketing codes of practice

sources of information and advice about marketing law

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 candidate, accessibility of the item, and local industry and regional contexts) may also be included.

Legislation may include:

door-to-door sales legislation

legislation around intellectual property, including:

Copyright Act

Designs Act

passing off

Patents Act

state or territory Business Names Acts

Trade Marks Act

lotteries and gaming legislation

packaging and labelling legislation

sale of goods legislation

state or territory competition codes

state or territory Fair Trading Acts

trade measures legislation.

Codes of practice could include:

Australian Association of National Advertisers Code of Ethics

Australian Direct Marketing Code of Practice

Australian eMarketing Code of Practice

Therapeutic Goods Advertising Code

individual organisation's marketing codes of practice.

Sources of information and advice could include:

Attorney-General's Department

Australian Communication and Media Authority

Australian Competition and Consumer Commission (ACCC)

Australian Legal Information Institute (AustLII)

Australian Marketing Institute (AMI)

Commonwealth of Australia Law (ComLaw)

IP Australia

lawyers specialising in intellectual property and marketing

the Marketing Association of Australia and New Zealand (MAANZ).

Benefits may include:

opportunity to improve marketing performance and competitive advantage

incentive to make positive marketing decisions rather than reactive and risky decisions

assisting organisation to become a good corporate citizen

preventing damage to reputation

preventing consequences of breaking the law, such as penalties and costs.

Implications of non-compliance may include:

loss of reputation

monetary and criminal penalties

cost of legal advice

liability for damages

diversion of resources away from core business activities

negative effect on staffing.

Methods to protect could include:

copyright

patents

registration of designs

trade marks.

Third parties could include:

competitors

suppliers.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Identify and locate current information about legislation as it relates to marketing decision making in the industry context 
Identify codes of practice as they relate to marketing, and analyse their implications for the industry context 
Analyse how legislation relating to marketing can protect and assist the trader, consumer and competitive process 
Identify sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context 
Identify benefits and essential components of the legal compliance program relating to marketing, and how they fit with the whole of organisation compliance program 
Participate in a marketing compliance audit and make recommendations to address identified gaps 
Identify possible implications of non-compliance and use them to recommend changes to practice 
Design a training program to educate staff on compliance as it relates to marketing 
Identify and analyse a range of methods to protect the organisation's products and services being marketed against intellectual property breaches 
Make recommendations on strategies for protection of intellectual property rights and present to key stakeholders 
Make recommendations to implement systems to identify intellectual property infringement by third parties 
Identify remedies for own and other organisations' breaches of marketing legislation which could have an impact on the organisation 
Access and effectively use others' intellectual property within legal guidelines for business advantage 

Forms

Assessment Cover Sheet

BSBMKG520A - Manage compliance within the marketing legislative framework
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Assessment Record Sheet

BSBMKG520A - Manage compliance within the marketing legislative framework

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Assessment task 1: [title] Result: Competent Not yet competent

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