- PSPLEGN301B - Comply with legislation in the public sector
PSPLEGN301B
Comply with legislation in the public sector
Application
Not applicable.
Prerequisites
Not applicable.
Elements and Performance Criteria
ELEMENT | PERFORMANCE CRITERIA |
1. Identify legislative requirements | 1.1 Information is accessed that covers the range of legislation and guidelines relating to the workplace and is current and comprehensive 1.2 Key requirements of relevant pieces of legislation are identified and confirmed with senior staff 1.3 Requirements of legislation are clarified to confirm understanding and ensure consistency of interpretation and application 1.4 Clarification is obtained of the way various pieces of legislation are integrated to provide a legislative framework for public sector work 1.5 Advice is obtained when apparently conflicting legislative directives are found |
2. Comply with legislative requirements | 2.1 Work practices are carried out in accordance with the requirements of legislation relating to the work environment 2.2 Own conduct is reviewed and feedback from others is used to confirm continuing compliance with legislative requirements |
3. Report incidents of non-compliance | 3.1 Possible breaches of legislation are raised promptly with an authorised person/body in accordance with organisational procedures 3.2 Inadequacies in workplace procedures which may contribute to non-compliance are raised in accordance with organisational procedures |
Required Skills
This section describes the essential skills and knowledge and their level, required for this unit. | |
Skill requirements Look for evidence that confirms skills in: undertaking research and evaluation undertaking self-assessment reading complex and formal documents such as legislation and related materials to apply them to work practices and to identify inappropriate conduct communicating with others involving exchanges of complex oral and written information using technology to access legislative requirements responding to diversity, including gender and disability applying environmental and occupational health and safety procedures | |
Knowledge requirements Look for evidence that confirms knowledge and understanding of: the range of legislation relating to the public sector (including occupational health and safety and environment) and the key requirements of each public sector codes of ethics/conduct equal employment opportunity, equity and diversity principles organisational processes/procedures for responding to legislative issues |
Evidence Required
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the Unit descriptor, Performance Criteria, the Range Statement and the Assessment Guidelines for the Public Sector Training Package. | |
Units to be assessed together | Pre-requisite unitsthat must be achieved prior to this unit:Nil Co-requisite unitsthat must be assessed with this unit:Nil Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to: PSPETHC301B Uphold the values and principles of public service PSPGOV305B Access and use resources and financial systems PSPGOV307B Organise workplace information PSPIM301A Process claims PSPPROC302A Undertake basic procurement PSPSEC301A Secure government assets |
Overview of evidence requirements | In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms: the knowledge requirements of this unit the skill requirements of this unit application of Employability Skills as they relate to this unit compliance with legislation in a range of (3 or more) contexts (or occasions, over time) |
Resources required to carry out assessment | These resources include: public sector legislation, regulations and guidelines procedures and protocols scenarios and case studies to capture the range of situations likely to be encountered when complying with public sector legislation |
Where and how to assess evidence | Valid assessment of this unit requires: a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when complying with legislation in the public sector, including coping with difficulties, irregularities and apparently conflicting legislative requirements compliance with legislation in a range of (3 or more) contexts (or occasions, over time). Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as: people with disabilities people from culturally and linguistically diverse backgrounds Aboriginal and Torres Strait Islander people women young people older people people in rural and remote locations. Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of: case studies portfolios questioning scenarios simulation or role plays authenticated evidence from the workplace and/or training courses |
For consistency of assessment | Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments |
Range Statement
The Range Statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The Range Statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance Criteria is explained here. | |
Legislation and guidelines may relate to | public sector standards: codes of conduct/ethics guarantee of service legislated standards State/Territory/Commonwealth/organisational standards technical/industrial standards professional standards industry competency standards anti-corruption legislation whistleblowers' protection. public sector employment: employee relations chief executive officer's instructions Commissioner's instructions public sector notices. workplace environment: equal employment opportunity affirmative action workplace diversity anti-discrimination workplace harassment occupational health and safety duty of care. security, storage, handling and classification of documents financial management and accountability: Treasurer's instructions contractual obligations. transparency: freedom of information professional reporting accountability fair trading. business and community: privacy trade practices competition road transport legislation. information and records management standards and legislation the organisation's enabling legislation, regulations aspects of common law, criminal law, contract law, employment law and administrative law, including judges' rules international legislation/codes of behaviour |
Conflicting legislative directives may include | apparent contradiction between statutes apparent conflict between statutes and policy requirements |
Inadequacies in workplace procedures may include | insufficient financial/other controls insecure Internet/fax access non-auditable records processes ambiguous guidelines no guidelines unnecessary complexity use of non-current legislation |
Sectors
Not applicable.
Competency Field
Legislation&Compliance |
Employability Skills
This unit contains employability skills. |
Licensing Information
Not applicable.