Unit of competency Outline

Date retreived
22/07/2026 8:48 AM AWST

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Monitor legal compliance obligations during incidents

Monitor legal compliance obligations during incidents

Unit of competency
National Code
PMAOMIR449B
State Code
W8931
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
11/11/2010
State Implementation and Classification
Approved Date
18/12/2008
Field of Education
091103 - Legal Studies
Original Release Date
18/12/2008
Nominal Hours
40
Description
In a typical scenario, a person oversights the operations of an incident or a crisis management team to preclude possible breaches of legislation and regulations during incidents on sites administered by the organisation and advises on compliance issues.
Notes
Elements and Performance Criteria
1. Review incident response plans
  • 1.1. Identify legislation and regulations relevant to possible incident scenarios
  • 1.2. Determine possible compliance issues with planned responses
  • 1.3. Negotiate alternative response plans which do not raise compliance issues
  • 1.4. Ensure plans, equipment and training are modified to reflect changed response plans.
2. Oversee the operations of the incident management team
  • 2.1. Ensure that the incident team is aware of legislation that needs to be complied with during the incident
  • 2.2. Obtain information concerning legal ramifications as required in accordance with organisation's policies
  • 2.3. Ensure accurate recording of all relevant details of all agreed actions
  • 2.4. Assess actions taken and proposed against relevant legislation to determine compliance and possible impacts on the company
3. Advise appropriate action to facilitate compliance
  • 3.1. Undertake consultations with regulatory authorities to facilitate minimal impact resolutions
  • 3.2. Advise management of options that are available to remain compliant
  • 3.3. Provide advice on actions to achieve compliance
4. Monitor actions taken to achieve compliance
  • 4.1. Monitor company actions to resolve incidents and achieve compliance or remain compliant
  • 4.2. Document actions taken by the organisation to remain compliant
  • 4.3. Prepare reports for management regarding outcomes from the incident and any material breaches of legislation that have occurred
  • 4.4. Prepare for possible legal proceedings within required timeframe
5. Seek improvements to incident responses
  • 5.1. Identify possible areas for improvement
  • 5.2. Develop improved responses in liaison with relevant people
  • 5.3. Ensure plans, equipment and training are modified to reflect improved response plans.
RANGE STATEMENT
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. Add any essential operating conditions that may be present with training and assessment depending on the work situation, needs if the candidate, accessibility of the item, and local industry and regional contexts.
Codes of practice/ standards
Where reference is made to industry codes of practice, and/or Australian/international standards, the latest version must be used.
Context
This unit of competency includes all such items of equipment and unit operations which form part of the incident response system. In your facility this may include (select relevant items):
computers
recording equipment
legislation and regulations
Typical problems for your facility may include:
difficulties tracking and identifying relevant legislation or amendments
managing evidence for later investigations or enquiries
interpersonal conflicts
conflicts of interest
Health, safety and environment (HSE)
All operations to which this unit applies are subject to stringent health, safety and environment requirements, which may be imposed through State or Federal legislation, and these must not be compromised at any time. Where there is an apparent conflict between Performance Criteria and HSE requirements, the HSE requirements take precedence.
Relationship to Major Hazard Facility Legislation
Organisations within the Chemical, Hydrocarbons and Oil Refining industries may find themselves falling under the provisions of various Major Hazard Facilities legislation. In developing this unit consideration has been given to the requirements of Sections 8 and 9 of the National Standard for the Control of Major Hazard Facilities [NOHSC:1014(2002)] and the National Code of Practice for the Control of Major Hazard Facilities [NOHSC:2016(1996)].
This unit will assist individuals to meet some of their obligations under the relevant State or Territory legislation. Responsibility for appropriate contextualisation and application of the unit to ensure compliance however, remains with the individual organisation.
EVIDENCE GUIDE
The Evidence Guide provides advice on assessment and must be read in conjunction with the Performance Criteria, Required Skills and Knowledge, the Range Statement and the Assessment Guidelines for the Training Package.

Overview of assessment
Assessment for this unit of competency will be by way of simulation or under incident conditions. The unit will be assessed in as holistic a manner as is practical and may be integrated with the assessment of other relevant units of competency.
Assessment will occur over a range of situations which can include a variety of incident circumstances.
Simulations must, as closely as possible, approximate actual incident conditions and should be based on the actual facility. Assessments should include walk-throughs of the relevant competency components and may include the use of case studies/scenarios and role plays.
This unit of competency requires a significant body of knowledge which will be assessed through questioning and the use of 'what-if' scenarios both in the facility (during demonstration of normal operations and walk-throughs of abnormal operations) and off the site.

Critical aspects for assessment and evidence required to demonstrate competency in this unit
Competence must be demonstrated in the ability to correctly respond to incident situations and in implementing appropriate action. The emphasis should be on the ability to stay ahead of the problem rather than to have to take drastic action in order to recover the situation. In particular look to see that:
incident response plans are compliant and training and procedures reflect those plans
incidents are monitored and advise obtained where required and given to minimise/ prevent non-compliance
the safety and/or successful recovery of the individual and others affected by the incident response is afforded priority in the actions taken
actions taken do not inhibit incident response effectiveness or further contribute to the incident
appropriate documentation including reports, journal entries, logs and/or clearances are completed in accordance with procedures
These aspects may be best assessed using a range of scenarios/case studies/what-ifs as the stimulus with a walk through forming part of the response. These assessment activities should include a range of problems, including new, unusual and improbable situations which may have been generated from the past incident history of the plant, incidents on similar plants around the world, hazard analysis activities and similar sources.

Context of and specific resources for assessment
Assessment will require (1) access to an accurately simulated environment in the absence of an on-site incident environment, or (2) a suitable method of gathering evidence of responding ability over a range of situations. A bank of scenarios/case studies/what-ifs will be required as will a bank of questions which will be used to probe the reasoning behind the observable actions.

Method of assessment
In all workplace environments it may be appropriate to assess this unit concurrently with other relevant units.

Guidance information for assessment
Assessment processes and techniques must be culturally appropriate and appropriate to the oracy, language and literacy capacity of the assessee and the work being performed.
Replaces
State Code National Code Title Type
C7864 PMAOMIR449A Monitor legal compliance obligations during incidents Unit of competency
Replaced By
State Code National Code Title Type
AXN60 PMAOMIR449 Monitor legal compliance obligations during incidents Unit of competency