ELEMENT

PERFORMANCE CRITERIA

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1. Identify and interpret legislative framework relating to marketing

1.1 Identify and locate current information about legislation relating to marketing decision-making in the industry context

1.2 Identify codes of practice as they relate to marketing, and analyse their implications in the industry context

1.3 Analyse how legislation relating to marketing can protect and assist the trader, consumer and competitive process

1.4 Identify sources of information and advice about the legislative framework relating to marketing, and analyse them for usefulness in the industry context

2. Promote a culture of compliance with legislative framework relating to marketing

2.1 Identify benefits and essential components of the legal compliance program relating to marketing, and how they fit with the overall organisation compliance program

2.2 Participate in a marketing compliance audit and make recommendations to address identified gaps

2.3 Identify possible implications of non-compliance and use them to recommend changes to practice

2.4 Design a training program to educate staff on compliance as it relates to marketing

3. Recommend strategies to use legislative framework relating to marketing for competitive advantage

3.1 Identify and analyse a range of methods to protect the organisation’s products and services being marketed against intellectual property breaches

3.2 Make recommendations on strategies for protection of intellectual property rights, and present to key stakeholders

3.3 Make recommendations to implement systems to identify intellectual property infringement by third parties

3.4 Identify remedies for own and other organisations’ breaches of marketing legislation which could impact the organisation

3.5 Access and effectively use others’ intellectual property within legal guidelines for business advantage

Skill

Performance Criteria

Description

Reading

1.1-1.4, 2.1-2.3, 3.1, 3.5

Identifies, analyses and evaluates complex legal documentation and interprets the impact on business

Writing

2.2-2.4, 3.2-3.5

Prepares complex compliance documentation using appropriate terminology to convey clear meanings to team members and relevant stakeholders

Oral Communication

3.2, 3.3

Explains compliance information using language suitable to audience

Uses listening and questioning techniques to confirm understanding

Navigate the world of work

1.1-1.4, 2.1, 3.1-3.5

Keeps abreast of legislation and regulations relevant to own rights and responsibilities and considers implications of these when negotiating, planning and undertaking work

Monitors adherence to organisational policies and objectives and considers own role in terms of its contribution to broader goals of work environment

Interact with others

3.2, 3.3

Collaborates with others to achieve joint outcomes, playing an active role in facilitating effective group interaction

Recognises importance of taking audience, purpose and contextual factors into account when making decisions about what to communicate with whom, why and how

Get the work done

1.1, 1.4, 2.1, 2.3, 2.4, 3.1, 3.4

Develops plans and uses effective organisational skills to complete tasks with an awareness of how they may contribute to longer-term operational and strategic goals

In more complex, non-routine situations, uses formal decision-making processes, setting or clarifying goals, gathering information and identifying and evaluating several choices against a set of criteria

When dealing with complex issues, identifies the cause of the problem, and uses analytical processes to generate possible solutions