Unit of competency Outline

Date retreived
23/07/2026 5:12 AM AWST

Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.

Identify and apply statute law

Identify and apply statute law

Unit of competency
National Code
PSPREV401A
State Code
W081
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
State Implementation and Classification
Approved Date
07/07/2014
Field of Education
090999 - Law, N.e.c.
Original Release Date
07/07/2014
Nominal Hours
30
Description
This unit covers the identification of statute law and how it applies to a range of situations affecting customers.In practice, applying statute law overlaps with other generalist or specialist work activities, such as acting ethically; undertaking legislative decision making; dealing with legal entities, relationships and property; assessing applications for grants, subsidies and rebates; and delivering client service. Co-assessment with units of competency addressing these other activities could be considered.No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Notes
Elements and Performance Criteria
1. Identify applicable statute law
  • 1.1 Principal rules governing the interpretation of statutes are applied.
  • 1.2 Statutes are analysed to identify components applicable to the situation at hand.
2. Apply statute law
  • 2.1 Information on the creation, amendment and interpretation of laws is used to assist in identifying applicable bills, Acts and subordinate legislation.
  • 2.2 Interpretation Act is used in accordance with its purpose.
  • 2.3 Statutes are interpreted and applied in accordance with precedents, rulings and Commissioner's practices.
  • 2.4 Explanatory statements are used to assist in determining the intent of Parliament when interpreting complex statutes that apply to particular situations.
  • 2.5 Reference is made to relevant case law and other extraneous material as required.
  • 2.6 Records that cite applicable statute law are completed using commonly accepted practices and abbreviations in accordance with organisational policy and procedures.
The range statement provides information about the context in which the unit of competency is carried out. The variables cater for differences between States and Territories and the Commonwealth, and between organisations and workplaces. They allow for different work requirements, work practices and knowledge. The range statement also provides a focus for assessment. It relates to the unit as a whole. Text in italics in the Performance criteria is explained here.
Components of statutes may include:
long and short titles
commencement date
end date
preambles
definitions
head notes and headings
parts
divisions
chapters
sections
subsections
paragraphs
subparagraphs
historical notes
clause notes
editorial and explanatory notes
schedules
statutory regulations
amendment information
amending Acts
version or reprint number
nexus
Situations may include:
assessment of applications for grants, subsidies or rebates
assessment of tax liability
issue and enforcement of fines
legislative decision making
providing customers with information and assistance
Principal rules may include:
literal
golden
mischief
spirit (intent) of the legislation
Interpretation Act:
will be the relevant legislation in the applicant's jurisdiction and will be the Commonwealth Act or the state or territory Act
Rulings may include:
revenue rulings
tax rulings
public rulings
circulars
Commissioner's determinations
Commissioner's practices may include:
practices designated by Commissioner of Revenue or Australian Taxation Commissioner
Commissioner's Guidelines and Circulars
Practice Directions
public guidelines
public practices
Treasurer's directions
business rules
circulars
operating policies
technical and procedural instructions
Explanatory statements may include:
explanatory memoranda
clause notes
explanatory notes
Extraneous materials may include:
rulings
published practices
circulars
revenue circulars
public rulings
case transcripts
regulations
precedent databases
technical and procedural instructions
operating policies and procedures
internal procedures
forms and brochures
fact sheets
organisational alerts
training materials
readings in Parliament
subordinate legislation
disallowable and notifiable instruments
legislation register
other relevant legislation
Commonly accepted practices use:
consecutive numbering for sections of an Act - no brackets
consecutive numbering in brackets for subsections
lower case alphabetical order in brackets for paragraphs
consecutive numbering using lower case Roman numerals in brackets for subparagraphs
Abbreviations may include:
sec., s. and s for section
subsec., ss. and ss for subsection
para for paragraph
The Evidence Guide specifies the evidence required to demonstrate achievement in the unit of competency as a whole. It must be read in conjunction with the unit descriptor, performance criteria, The range statement and the Assessment Guidelines for the Public Sector Training Package.
Units to be assessed together
Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include:
PSPETHC401A Uphold and support the values and principles of public service
PSPREV402A Undertake legislative decision making
PSPREV403A Manage information on legal entities, relationships and property
PSPREV405A Assess applications for grants, subsidies and rebates
PSPGOV402B Deliver and monitor service to clients.
Overview of evidence requirements
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
knowledge requirements of this unit
skill requirements of this unit
application of employability skills as they relate to this unit.
Resources required to carry out assessment
Resources essential for assessment include:
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.
Where and how to assess evidence
Valid assessment of this unit requires:
a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when applying statute law, including coping with difficulties, irregularities and breakdowns in routine
applying statute law in a range of three or more contexts or occasions, over time.
Assessment methods should reflect but not exceed workplace demands, such as literacy, and the needs of individuals who might be disadvantaged.
Assessment methods suitable for valid and reliable assessment of this unit must use authenticated evidence from the workplace and/or training courses and may include a combination of two or more of:
workplace projects
simulation or role plays
case studies and scenarios
observation
portfolios
The assessment environment should not disadvantage the candidate and where the person has a disability the principle of reasonable adjustment should be applied during assessment.
For consistency of assessment
Evidence must be gathered over time in a range of contexts to ensure the person can achieve the unit outcome and apply the competency in different situations or environments.
Replaced By
State Code National Code Title Type
AWT67 PSPREV001 Identify and apply statute law Unit of competency
State Code National Code Title Type
J297 PSP42112 Certificate IV in Government (Revenue Administration) Qualification