1

Determine review options

1.1

Regulatory body decision is evaluated

1.2

Available internal appeal procedures are explained and exhausted

1.3

Available review mechanisms are outlined

1.4

Consultation is held with client

2

Develop dispute response

2.1

Appropriate dispute resolution protocols are followed

2.2

Stakeholders are engaged and consulted in response development process

2.3

Response is drafted and feedback is sought from stakeholders to refine response as required

3

Submit dispute response

3.1

Import declaration is paid under protest in accordance with Customs Act s.167 where required

3.2

Dispute response documentation is forwarded to relevant regulatory authority in accordance with workplace procedures

4

Initiate further action

4.1

Dispute response is read and outcomes are evaluated to determine appropriateness of further action

4.2

Stakeholders are consulted regarding appropriateness and advice regarding escalating and/or retreating is provided

4.3

Appropriate action is taken based on stakeholder consultation, in accordance with workplace procedures

This section describes the knowledge and skills required for this unit.

Required knowledge:

Amber line process

Customs Act s.167 (Payment Under Protest)

Customs prosecutions

Forfeiture, seizure and condemnation provisions of Customs Act 1901

Internal and external appeal processes for reviewing ACBPS decisions

Monitoring and export examination powers of Customs under Customs Act 1901

Penalty and Infringement Notice Guidelines of Customs Act 1901

Penalty and Infringement Notice Provisions of Customs Act 1901

Required skills:

Apply escalation and/or retreat processes

Articulate rationale for a dispute or response

Communicate effectively in verbal and written format with clients and stakeholders

Follow procedures

Liaise with other organisations

Manage personal work priorities

Negotiate effectively

Read and interpret legislation

Resolve conflict

Sequence a submission in logical order

Solve problems

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

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

The evidence required to demonstrate competence in this unit must be relevant to and satisfy all of the requirements of the Elements, Performance Criteria, Required Skills, Required Knowledge and include:

sequencing activity in a way that facilitates the development of competence

ensuring currency of relevant legislative and regulatory knowledge

developing effective submission documents

providing high quality client information and advice.

Context of and specific resources for assessment

Performance is demonstrated consistently over time and in a suitable range of contexts.

Resources for assessment include access to:

scenarios where discussions with individuals or small groups can be conducted

legislation currently used in industry

time constraints that mirror real work activities

range of relevant exercises, case studies and/or other simulated practical and knowledge assessments

appropriate range of relevant operational situations in the workplace.

Method of assessment

Practical assessment must occur in an:

appropriately simulated workplace environment and/or

appropriate range of situations in the workplace.

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

direct observation of the candidate identifying and responding to an appeal or dispute situation

direct observation of the candidate responding to a regulatory dispute

appropriate knowledge questions.

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance.

Regulatory bodies may include:

Australian Customs and Border Protection Service (ACBPS)

relevant commonwealth government departments

Delivery methods and practise opportunities may include:

experiential learning using real scenarios

explanations

group work

mentoring

problem solving and decision making

presentations

combination of the above

Resources may include:

case law

case studies

customs policies and procedures

relevant legislation

scenarios

Strategies and techniques may include:

group discussion

points of clarification

targeted questioning