Public Sector - Draft 2

PSPREV001 Identify and apply statute law_validation

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Unit application and prerequisites

UNIT CODE

PSPREV001

UNIT TITLE

Identify and apply statute law

APPLICATION

This unit describes the performance outcomes, skills and knowledge required to identify statute law and how it applies to a range of situations affecting customers.

 

This unit applies to individuals working in public sector roles involving revenue and statute laws. Those undertaking this unit would work independently, performing complex tasks in a familiar context.

 

The skills in this unit must be applied in accordance with Commonwealth and State or Territory legislation, Australian standards and industry codes of practice.

 

No occupational licensing, certification or specific legislative or certificate requirements apply to this unit at the time of publication.

PREREQUISITE UNIT

Nil

COMPETENCY FIELD

Revenue administration

UNIT SECTOR

 

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Elements and performance criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

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

  1. Identify applicable statute law
    1. Apply principal rules governing the interpretation of statutes.
    2. Analyse statutes to identify components applicable to the situation at hand.
  1. Apply statute law
    1. Use information on the creation, amendment and interpretation of laws to assist in identifying applicable bills, Acts and subordinate legislation.
    2. Use the appropriate jurisdictional Interpretation Act in accordance with its purpose.
    3. Interpret and apply statutes in accordance with precedents, rulings and Commissioner’s practices.
    4. Use explanatory statements to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations.
    5. Make reference to relevant case law and extraneous material.
    6. Complete records that cite applicable statute law using commonly accepted practices and abbreviations.

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Foundation skills

FOUNDATION SKILLS

Foundation skills essential to performance in this unit, but not explicit in the performance criteria are listed here, along with a brief context statement.

SKILLS

DESCRIPTION

Reading skills to:

  • read, analyse and interpret complex, formal documents.

UNIT MAPPING INFORMATION

Release 1: Supersedes and is equivalent to PSPREV001 Identify and apply statute law.

LINKS

Companion Volume Implementation Guide

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Performance evidence

TITLE

Assessment Requirements for PSPREV001 Identify and apply statute law

PERFORMANCE EVIDENCE

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and on at least one occasion:

  • search for and identify applicable statute laws, rulings, precedents and Commissioner’s practices
  • communicate with others involving exchanges of complex oral and written information
  • use technology to access applicable statutes and record outcomes.

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Knowledge evidence

KNOWLEDGE EVIDENCE

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

  • law-making processes in Australia
  • structure and components of an Act
  • primary and secondary sources of law
  • principal rules governing the interpretation of statute law
  • the doctrine of precedent
  • purpose and use of Interpretation Act
  • abbreviations and commonly accepted practices used in citing statute law.

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Assessment conditions

ASSESSMENT CONDITIONS

Skills must be demonstrated in either a:

  • workplace environment
  • simulated environment.

 

Simulated assessment environments must simulate the real-life working environment where the skills and knowledge within this unit would be utilised, with all the relevant equipment and resources of that working environment.

 

Assessment must ensure access to:

  • government legislation, regulations, rulings, Commissioner's practices and other applicable case law
  • organisational procedures and protocols relating to the application of statute law
  • scenarios and case studies to capture the range of situations likely to be encountered when applying statute law
  • access to relevant systems.

 

Assessors must satisfy the Standards for Registered Training Organisations’ requirements for assessors.

LINKS

Companion Volume Implementation Guide

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