Modification History
Release |
TP Version |
Comments |
3 |
PSP12V1 |
Unit descriptor edited. |
2 |
PSP04V4.2. |
Layout adjusted. No changes to content. |
1 |
PSP04V4.1 |
Primary release. |
Unit Descriptor
This unit covers the exercise of powers under the organisation's enabling legislation, and other relevant legislation for regulation, monitoring, inspection and investigation. It includes establishing regulatory powers, applying enabling legislation, utilising other legislation and standards, and working with other organisations.
In practice, exercising regulatory powers occurs in the context of other specialist and generalist public sector work activities such as acting ethically, promoting client compliance, assessing compliance, conducting investigations, making arrests, conducting search and seizure, interviewing, gathering evidence, etc.
No licensing, legislative, regulatory or certification requirements apply to this unit at the time of endorsement.
Application of the Unit
Not applicable.
Licensing/Regulatory Information
Not applicable.
Pre-Requisites
Not applicable.
Employability Skills Information
This unit contains employability skills.
Elements and Performance Criteria Pre-Content
Elements are the essential outcomes of the unit of competency. |
Together, performance criteria specify the requirements for competent performance. Text in bold italics is explained in the Range Statement following. |
Elements and Performance Criteria
ELEMENT |
PERFORMANCE CRITERIA |
1 . Establish regulatory powers |
1.1 Current information relating to enabling legislation and regulations is accessed and used to maintain up-to-date knowledge of requirements. 1.2 Powers provided under the legislation and the boundaries of those powers are confirmed. 1.3 Compliance requirements of the legislation, related regulations, standards, codes of practice and policy are identified and confirmed. 1.4 Acts and omissions that comprise non-compliance/offences under the legislation are identified and confirmed. |
2 . Apply enabling legislation |
2.1 Circumstances where regulatory powers will be exercised are identified and analysed to determine response/s or measures to apply, in accordance with the legislation and organisational policy and procedures. 2.2 Circumstances requiring the exercise of regulatory powers that are outside own limits are identified and referral to others is made in accordance with organisational policy and procedures. 2.3 Risks associated with the exercise of regulatory powers are identified and strategies to manage risks are identified in accordance with the organisation's risk management strategy. 2.4 Enabling legislation is applied consistent with the boundaries and powers contained therein and organisational policy and procedures. |
3 . Utilise other legislation and standards |
3.1 Other legislation and standards which impact on powers are identified and their requirements confirmed. 3.2 Apparently conflicting legislative directions are resolved or referred in accordance with organisational policy and procedures. |
4 . Work with other organisations |
4.1 Organisations that have jurisdictions which may overlap are identified and relationships are established and maintained in accordance with organisational policy and procedures. 4.2 Organisations available to provide assistance and advice or take referrals are identified and relationships are established for mutual benefit. 4.3 Organisational protocols and procedures are followed when working with other organisations . 4.4 Compliance matters are referred to other organisations for action when required in accordance with organisational policy and procedures. 4.5 Lead agency protocols/lines of authority are followed during operations involving more than one organisation. |
Required Skills and Knowledge
This section describes the essential skills and knowledge and their level, required for this unit. |
Skill requirements Look for evidence that confirms skills in:
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Knowledge requirements Look for evidence that confirms knowledge and understanding of:
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Evidence Guide
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. |
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Units to be assessed together |
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Overview of evidence requirements |
In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:
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Resources required to carry out assessment |
These resources include:
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Where and how to assess evidence |
Valid assessment of this unit requires:
Assessment methods should reflect workplace demands, such as literacy, and the needs of particular target groups, such as:
Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, 2 or more of:
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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 |
Range Statement
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. |
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Legislation may include: |
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Regulatory responses or measures may include: |
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Risks associated with the exercise of regulatory powers may result from: |
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Other legislation may include: |
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Standards may include: |
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Relationships may include: |
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Other organisations may include: |
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Unit Sector(s)
Not applicable.
Competency field
Regulatory.