Elements and Performance Criteria

The range statement relates to the unit of competency as a whole. It allows for different work environments and situations that may affect performance. Bold italicised wording, if used in the performance criteria, is detailed below. Essential operating conditions that may be present with training and assessment (depending on the work situation, needs of the candidate, accessibility of the item, and local industry and regional contexts) may also be included.
Compliance documentation may include:
organisation and site requirements and procedures
manufacturer's guidelines and specifications
Australian standards
award and enterprise agreements and relevant industrial instruments
relevant legislation from all levels of government that affects business operation, especially in regard to:
OHS
environmental issues
equal opportunity
industrial relations
anti-discrimination
relevant industry code of practice
Employment and workplace relations legislation
Equal Employment Opportunity and Disability Discrimination legislation
Legal compliance may include:
waterways
workers compensation/work cover
planning and assessment
local government
licensing requirements
duty of care
environmental
industrial relations
navigation
EHS Management System
policy
standards
procedures
databases
decision making
reviews
conventions
making permanent changes
maintenance of records of legal breaches
provision of information and training
regulations and code of practice relating to legal compliance
site representatives and committees
issue resolution
business registration
license to practice
industrial
fire
superannuation
partnership agreement
insurance
constitution documents
Acts
tender documents
financial documentation
development and implementation of compliance training measures
Documentation may include:
legislation
code of practice
organisation's policies/procedures
statutory and regulatory requirements
legal compliance
Legal compliance management systems may include:
work schedules - shift work and varying hours of duty
environments from simple to complex and diverse
appropriate policies, guidelines and processes
autonomy, from limited to substantial
quality and continuous improvement processes and standards
business plans
performance plans
ethical standards established by the organisation
productivity and profitability objectives and targets
best practice and benchmarking principles
legislation, codes and practices
resource parameters which may be defined or negotiated
training and development principles and practices
human resource policies and practices including:
interviewing
counselling
dispute resolution
discipline
financial accountability including:
profit and loss statements
enterprise/industrial agreements/awards
operations of a particular section or organisational unit
full range of operations of an organisation at a particular site
full range of operations of an organisation distributed across multiple sites
full range of operations of an organisation including mobile units such as the following:
vehicles
railway trains
maritime vessels
aircraft
Resources may include:
Acts
legislation/regulations
information
Common Law
the community
Legal compliance measures may include:
development of training programs
implementation of training programs
Consultation may include with:
regulatory authorities
tenderers
project managers
contractors
employees
community
customers
suppliers
Management may include:
leader/coach
facilitator
mentor
participant
director
trainer
assessor
Accurate legal records may include:
statutory/legal records
training needs
resource allocation
OHS
financial
personnel
taxation

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

Critical aspects for assessment and evidence required to demonstrate competency in this unit
The evidence required to demonstrate competency in this unit must be relevant to worksite operations and satisfy all of the requirements of the performance criteria, required skills and knowledge and the range statement of this unit and include evidence of the following:
knowledge of the requirements, procedures and instructions for identifying, implementing and maintaining legal compliance requirements
implementation of procedures and techniques for the safe, effective and efficient identification, implementation and maintenance of legal compliance requirements
the identification of the relevant information and scope of the work required to meet the required outcomes
the identification of viable options and the selection of legal compliance requirements that best meet the required outcomes
working with other to undertake and complete the identification, implementation and maintenance of legal compliance requirements
consistent successful identification, implementation and maintenance of legal compliance requirements
Context of and specific resources for assessment
This unit must be assessed in the context of the work environment. Where personal safety or environmental damage are limiting factors, assessment may occur in a simulated environment provided it is realistic and sufficiently rigorous to cover all aspects of workplace performance, including task skills, task management skills, contingency management skills and job role environment skills.
Assessment of this competency requires typical resources normally used in a resources and infrastructure sector environment. Selection and use of resources for particular worksites may differ due to the site circumstances.
The assessment environment should not disadvantage the participant. For example, language, literacy and numeracy demands of assessment should not be greater than those required on the job.
Customisation of assessment and delivery environment to sensitively accommodate cultural diversity.
Aboriginal people and other people from a non English speaking background may have second language issues.
Where applicable, physical resources should include equipment modified for people with disabilities. Access must be provided to appropriate learning and/or assessment support when required.
Method of assessment
This unit may be assessed in a holistic way with other units of competency. The assessment strategy for this unit must verify required knowledge and skill and practical application using more than one of the following assessment methods:
written and/or oral assessment of the candidate's required knowledge in undertaking the identification, implementation and maintenance of legal compliance requirements
observed, documented and/or first hand testimonial evidence of the candidate's:
implementation of appropriate requirements, procedures and techniques for the safe, effective and efficient achievement of required outcomes
identification of the relevant information and scope of the work required to meet the required outcomes
identification of viable options and the selection of legal compliance requirements that best meet the required outcomes
consistent achievement of required outcomes
first hand testimonial evidence of the candidate's:
working with others to undertake and complete the identification, implementation and maintenance of legal compliance requirements
provision of clear and timely required support and advice on the legal compliance requirements
Guidance information for assessment
Consult the SkillsDMC User Guide for further information on assessment including access and equity issues.