Public Sector - Draft 2

PSPREV002 Undertake legislative decision making_validation

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Unit application and prerequisites

UNIT CODE

PSPREV002

UNIT TITLE

Undertake legislative decision making

APPLICATION

This unit describes the performance outcomes, skills and knowledge required to apply a legislative decision making process to make and justify legislatively-based decisions.

 

This unit applies to those working in a public sector role involved in legislative decision making. 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 requirements for legislative decision making
    1. Identify and clarify purpose and key elements of legislative decision making process to ensure its consistent application.
    2. Identify record-keeping procedures relating to legislative decision making.
  1. Complete required research
    1. Identify and outline the situation or event requiring a decision.
    2. Determine applicable statute law and identify and record sections of the Acts that link to the decision.
    3. Identify relevant case law and other extraneous material.
    4. Record and analyse evidence to support situation or event with respect to applicable law.
    5. Draw conclusions as to whether required facts have been established by available evidence and record.
    6. Apply statute law using precedents, rulings, Commissioner’s practices, internal advice, other legislation and advice from senior and specialist staff.
  1. Carry out the decision making phase
    1. Confirm delegation to make the decision or refer decision.
    2. Make decision based on research outcomes and established facts, supported by explanation and justification.
    3. Document decision.
    4. Carry out actions as a result of the decision and record.

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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:

  • research information and establish relevant facts
  • identify and interpret applicable statute law.

UNIT MAPPING INFORMATION

Release 1: Supersedes and is equivalent to PSPREV002 Undertake legislative decision making.

LINKS

Companion Volume Implementation Guide

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Performance evidence

TITLE

Assessment Requirements for PSPREV002 Undertake legislative decision making

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:

  • navigate complex and formal documents, including legislation and related materials to use in legislative decision-making
  • analyse evidence to ensure it supports the situation or event being considered
  • communicate with others involving exchanges of complex oral and written information
  • use technology to conduct research, make enquiries, review available data, access legislative requirements 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:

  • purpose and key elements of a legislative decision-making process
  • components and structure of statutes
  • interpretation of statutes
  • use of precedents, rulings and Commissioner’s practices
  • exercise of delegations in relation to undertaking legislative decision-making

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Assessment conditions

ASSESSMENT CONDITIONS

Skills must be demonstrated in either a:

  • workplace environment or
  • 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:

  • legislative decision making process
  • government legislation, regulations, rulings, Commissioner's practices and other applicable case law relating to legislative decision making
  • organisational procedures and protocols relating to legislative decision making
  • scenarios and case studies to capture the range of situations likely to be encountered when undertaking legislative decision making
  • 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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