Unit of competency Outline

Date retreived
23/07/2026 12:51 AM AWST

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Use the constitution

Use the constitution

Unit of competency
National Code
BSBATSIL402B
State Code
D0576
TGA Status
Replaced
DTWD Status
Replaced
Current Release Number
1.00
Current Release Date
11/11/2010
View on TGA
State Implementation and Classification
Approved Date
18/07/2008
Field of Education
080307 - Organisation Management
Original Release Date
18/07/2008
Nominal Hours
40
Description
This unit covers ensuring that the organisations constitution is relevant and legal, that it is understood, and that it meets changing needs.Some aspects of governance activities may be subject to legislation, rules, regulations and/or codes of practice relevant to different job roles and jurisdictions.This unit covers ensuring that the organisations constitution is relevant and legal, that it is understood, and that it meets changing needs.Some aspects of governance activities may be subject to legislation, rules, regulations and/or codes of practice relevant to different job roles and jurisdictions.
Notes
Elements and Performance Criteria
1 Understand the constitution
  • 1.1 Explain key clauses to community members
  • 1.2 Seek clarification of clauses from experts
  • 1.3 Identify and document areas of the organisation not covered by the constitution
2 Ensure constitution is legal
  • 2.1 Check the constitution to ensure it is consistent with relevant law
  • 2.2 Check the constitution to ensure it is consistent with Traditional law
3 Apply constitution
  • 3.1 Follow constitutional provisions
  • 3.2 Check policy and programs to ensure they conform to the constitution
4 Amend the constitution
  • 4.1 Workshop suggested changes with the members
  • 4.2 Reach a clear decision as to amendments
  • 4.3 Use relevant procedures to make the required changes
  • 4.4 Ensure formal documentation of changes are made
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.
Experts may include:
Registrar of Aboriginal and Torres Strait Islander Corporations
solicitors
accountants
managers
Elders
Constitutional provisions may include:
elections
membership
objects
meetings
financial reporting
Policies and programs may include:
program objectives
commercial activities
eligibility for assistance
Relevant law may include:
the Act under which the organisation operates
Corporations Law
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
Evidence of the following is essential:
Integrated demonstration of all elements of competency and their performance criteria; and
Appropriate use of the constitution
Context of and specific resources for assessment
Assessment must ensure:
This unit of competency should be assessed through the performance of Board duties, but in the event that there is no opportunity to observe such a performance a simulated environment can be used but such simulation must replicate Board conditions in terms of: performing the task; managing a number of different tasks; coping with irregularities and breakdowns in routine; dealing with the responsibilities and expectations of the Board, including working with others; and transferring competency to other situations
Knowledge and performance to be assessed over time to confirm consistency in performance
Method of assessment
The following assessment method is appropriate for this unit:
Performance of Board duties, or through an accurate simulation of Board duties
Guidance information for assessment
Replaces
State Code National Code Title Type
C3757 BSBATSIL402A Use the constitution Unit of competency
Replaced By
State Code National Code Title Type
D4842 BSBATSIL413A Review and apply the constitution Unit of competency