Unit of competency Outline

Date retreived
22/07/2026 5:02 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.

Comply with legislation in the public sector

Comply with legislation in the public sector

Unit of competency
National Code
PSPLEGN301B
State Code
C8060
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
3.00
Current Release Date
01/11/2012
State Implementation and Classification
Approved Date
04/07/2014
Field of Education
090999 - Law, N.e.c.
Original Release Date
04/07/2014
Nominal Hours
30
Description
This unit covers compliance with legislation and related public sector policy guidelines and procedures. It includes identifying and complying with legislative requirements and reporting incidents of non-compliance.In practice, complying with legislation is demonstrated in the context of other generalist or specialist work activities such as delivering client services, using financial resources, procuring goods or servicesNo licensing, legislative, regulatory or certification requirements apply to this unit at the time of publication
Notes
Elements and Performance Criteria
1. Identify legislative requirements
  • 1.1 Information is accessed that covers the range of legislation and guidelines relating to the workplace and is current and comprehensive.
  • 1.2 Key requirements of relevant pieces of legislation are identified and confirmed with senior staff.
  • 1.3 Requirements of legislation are clarified to confirm understanding and ensure consistency of interpretation and application.
  • 1.4 Clarification is obtained of the way various pieces of legislation are integrated to provide a legislative framework for public sector work.
  • 1.5 Advice is obtained when apparently conflicting legislative directives are found.
2. Comply with legislative requirements
  • 2.1 Work practices are carried out in accordance with the requirements of legislation relating to the work environment.
  • 2.2 Own conduct is reviewed and feedback from others is used to confirm continuing compliance with legislative requirements.
3. Report incidents of non-compliance
  • 3.1 Possible breaches of legislation are raised promptly with an authorised person/body in accordance with organisational procedures.
  • 3.2 Inadequacies in workplace procedures which may contribute to non-compliance are raised in accordance with organisational 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 bold italics in the Performance Criteria is explained here.
Legislation and guidelines may relate to:
public sector standards:
codes of conduct/ethics
guarantee of service
legislated standards
State/Territory/Commonwealth/organisational standards
technical/industrial standards
professional standards
industry competency standards
anti-corruption legislation
whistleblowers' protection
public sector employment:
employee relations
chief executive officer's instructions
Commissioner's instructions
public sector notices
workplace environment:
equal employment opportunity
affirmative action
workplace diversity
anti-discrimination
workplace harassment
occupational health and safety
duty of care
security, storage, handling and classification of documents
financial management and accountability:
Treasurer's instructions
contractual obligations
transparency:
freedom of information
professional reporting
accountability
fair trading
business and community:
privacy
trade practices
competition
road transport legislation
information and records management standards and legislation
the organisation's enabling legislation, regulations
aspects of common law, criminal law, contract law, employment law and administrative law, including judges' rules
international legislation/codes of behaviour
Conflicting legislative directives may include:
apparent contradiction between statutes
apparent conflict between statutes and policy requirements
Inadequacies in workplace procedures may include:
insufficient financial/other controls
insecure Internet/fax access
non-auditable records processes
ambiguous guidelines
no guidelines
unnecessary complexity
use of non-current legislation
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
Pre-requisite units that must be achieved prior to this unit:Nil
Co-requisite units that must be assessed with this unit:Nil
Co-assessed units that may be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:
PSPETHC301B Uphold the values and principles of public service
PSPGOV305B Access and use resources and financial systems
PSPGOV307B Organise workplace information
PSPIM301A Process claims
PSPPROC302A Undertake basic procurement
PSPSEC301A Secure government assets
Overview of evidence requirements
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
the knowledge requirements of this unit
the skill requirements of this unit
application of Employability Skills as they relate to this unit
compliance with legislation in a range of (3 or more) contexts (or occasions, over time)
Resources required to carry out assessment
These resources include:
public sector legislation, regulations and guidelines
procedures and protocols
scenarios and case studies to capture the range of situations likely to be encountered when complying with public sector legislation
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 complying with legislation in the public sector, including coping with difficulties, irregularities and apparently conflicting legislative requirements
compliance with legislation in a range of (3 or more) contexts (or occasions, over time).
Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:
people with disabilities
people from culturally and linguistically diverse backgrounds
Aboriginal and Torres Strait Islander people
women
young people
older people
people in rural and remote locations.
Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:
case studies
portfolios
questioning
scenarios
simulation or role plays
authenticated evidence from the workplace and/or training courses
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
Replaces
State Code National Code Title Type
C3437 PSPLEGN301A Comply with legislation in the public sector Unit of competency
Replaced By
State Code National Code Title Type
AWU73 PSPLEG001 Comply with legislation in the public sector Unit of competency