Unit of competency details

Release 

Comments 

Release 1

This Unit first released with BSB07 Business Training Package version 7.0.

Element 

Performance Criteria 

Elements describe the essential outcomes of a unit of competency.

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the required skills and knowledge section and the range statement. Assessment of performance is to be consistent with the evidence guide.

1. Assist with providing appropriate advice about legal frameworks relevant to WHS

1.1 Ensure assistance provided is appropriate to own job responsibilities and functions

1.2 Understand own limits of skills, knowledge and competence when providing assistance

1.3 Identify situations where it is necessary to seek advice from or refer matters to legal advisors and others  and seek or refer accordingly

2. Assist with determining legal frameworks relevant to WHS

2.1 Monitor current WHS legislation and other legislation, related documentation and other sources  relevant to the organisation and its operations

2.2 Identify changes, amendments and emerging issues in legislation relevant to the organisation

2.3 Assist with determining current and future legal requirements relevant to WHS in the workplace

2.4 Assist with identifying, confirming, reviewing and updating the duties, rights and obligations of individuals and parties  as specified in legislation

2.5 Communicate changes, amendments and emerging issues in legislation to individuals and parties

2.6 Seek advice from legal advisors and other sources where necessary

3. Assist with providing advice on compliance with legal frameworks relevant to WHS

3.1 Assist with providing advice to individuals and parties about their compliance with legal duties, rights and obligations under WHS legislation and other legislation relevant to WHS

3.2 Assist with providing advice to individuals and parties about the functions and powers of WHS and other relevant regulators, and how they are exercised

4. Assist with evaluating and implementing measures to comply with legal frameworks relevant to WHS

4.1 Assist with assessing how the workplace complies with WHS and other relevant legislation

4.2 Assist with identifying the training needs of individuals and parties about duties, rights and obligations

4.3 Assist with developing, delivering and evaluating training to meet identified training needs and any legal requirements for training

4.4 Assist with developing, implementing and evaluating changes to workplace procedures, activities, processes, policies and systems  that will achieve compliance

Overview of assessment 

Critical aspects for assessment and evidence required to demonstrate competency in this unit 

Evidence of the following is essential:

• assisting with determining current and future legal frameworks relevant to WHS in the workplace
• assisting with providing advice about legal and regulatory frameworks for WHS legislation
• providing advice on WHS-related legal compliance issues, including training needs analyses, talks, briefings, training sessions, and paper-based or electronic materials
• seeking timely and relevant advice from legal advisors and others
• using this advice to ensure legislative compliance.

Context of and specific resources for assessment 

Assessment must ensure access to:

• relevant Acts, regulations, codes of practice, standards and guidance material
• other appropriate workplace documentation
• reports from other parties consulted in ensuring compliance with WHS-related legislation.

Method of assessment 

A range of assessment methods should be used to assess practical skills and knowledge. The following examples are appropriate for this unit:

• direct questioning combined with review of portfolios of evidence and third-party workplace reports of on-the-job performance by the candidate
• demonstration of activities used to assist with compliance with WHS legislation and related legislation
• oral or written questioning to assess knowledge of how advice was provided in the workplace, interpreting and applying legislation, and reporting requirements of legislation
• review of WHS action plans, documented WHS training needs and associated documents, and recording processes undertaken to ensure WHS-related compliance
• simulated project-based activities, scenarios, case studies, role plays or actual activities associated with applying legislative frameworks for WHS.

Guidance information for assessment 

Holistic assessment with other units relevant to the industry sector, workplace and job role is recommended, for example:

• BSBWHS602A Facilitate WHS activities
• BSBWHS603A Implement WHS risk management
• BSBWHS604A Evaluate the WHS performance organisations.

Legal advisors and others  may include:

• lawyers
• WHS inspectors
• WHS regulators
• other regulators
• WHS specialists.

WHS legislation and other legislation, related documentation and other sources  may include:

• common law relevant to WHS
• consumer protection
• current applicable commonwealth and state or territory WHS Acts, regulations and codes of practice
• current applicable commonwealth and state or territory:

• workers’ compensation legislation
• equal opportunity legislation
• food safety legislation
• health legislation
• privacy legislation
• trade practices legislation

• other documents, such as policies, standards, guidance material and publications, alerts and prosecutions information issued by regulators
• regulator websites.

Individuals and parties  may include:

• contractors and subcontractors
• customers
• duty holders as specified in WHS Acts:

• PCBUs or their officers
• workers
• other persons at a workplace

• suppliers
• health and safety committees
• health and safety representatives
• unions
• WHS entry permit holders
• WHS inspectors
• WHS regulators
• Workers.

Workplace procedures, activities, processes, policies and systems  may include:

• human resources and other management systems
• risk-management systems and processes
• WHS management systems and processes
• WHS-related planning and design activities and processes, such as:

• information technology systems
• jobs and tasks
• maintenance processes and procedures
• physical and psychosocial work environments
• plant, equipment and tools, including their specification and acquisition
• shift work and general work rosters
• specification and acquisition of services
• work and workplace systems
• work processes, policies, structures and procedures
• workplace communications systems and processes
• workstations and work areas

• work processes and activities
• workers’ compensation, claims management and return-to-work systems and processes
• WHSIS and processes.