Release 

Comments 

Release 1

This version first released with BSB Business Services Training Package Version 1.0.

ELEMENT 

PERFORMANCE CRITERIA 

Elements describe the essential outcomes.

Performance criteria describe the performance needed to demonstrate achievement of the element.

1 Assist with determining the legal framework for WHS in the workplace

1.1 Access current WHS legislation and related documentation relevant to the organisation’s operations

1.2 Use knowledge of the relationship between WHS Acts, regulations, codes of practice, standards and guidance material to assist with determining legal requirements in the workplace

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

1.4 Assist with seeking advice from legal advisers where necessary

2 Assist with providing advice on WHS compliance

2.1 Assist with providing advice to individuals and parties about their legal duties, rights and obligations, and the location of relevant information in WHS legislation

2.2 Assist with providing advice to individuals and parties about the functions and powers of the WHS regulator and how they are exercised, and the objectives and principles underpinning WHS

3 Assist with WHS legislation compliance measures

3.1 Assist with assessing how the workplace complies with relevant WHS legislation

3.2 Assist with determining the WHS training needs of individuals and parties, and with providing training to meet legal and other requirements

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

Skill 

Performance 

Criteria 

Description 

Reading

1.1, 1.2, 1.3,2.1, 2.2, 3.3

• Interprets and analyses complex WHS legislative and organisational texts

Writing

1.4, 2.1, 3.3

• Documents WHS legislative and organisational advice using structure, layout and language suitable for audience
• Drafts, documents and updates policies, procedures or processes according to requirements
• Uses appropriate vocabulary and register to seek legal advice

Oral communication

1.2-1.4, 2.1, 2.2, 3.1-3.3

• Uses structure and language suitable for audience to provide, seek and discuss WHS legislative information
• Uses questioning and active listening to clarify understanding

Navigate the world of work

1.2, 1.3, 2.1, 2.2

• Takes responsibility for adherence to legal and regulatory responsibilities and organisational policies and procedures in relation to WHS role and responsibilities
• Keeps up to date on changes to WHS legislation and regulations, and organisational policies and procedures

Interact with others

1.2, 1.3, 1.4, 2.1, 2.2, 3.1, 3.2, 3.3

• Understands what to communicate, with whom and how, in the context of seeking WHS legal advice
• Cooperates with others as part of WHS compliance activities, and contributes to specific activities requiring joint responsibility and accountability
• Collaborates with others to achieve individual and team outcomes

Get the work done

3.1-3.3

• Uses combination of formal, logical planning and intuitive understanding of context to identify relevant information and risks, and identify and evaluate alternative strategies in relation to WHS compliance
• Uses formal decision making processes, setting or clarifying goals, gathering information and identifying and evaluating choices against a set of criteria in relation to WHS compliance and training needs identification
• Contributes to the design of new approaches in relation to WHS compliance

Current WHS legislation and related documentation must include:

• current applicable Commonwealth and state or territory WHS Acts, regulations and codes of practice
• organisational WHS policies, procedures, processes and systems
• standards, guidance publications and alerts issued by the relevant WHS regulator.

Code and title  

current version 

Code and title 

previous version 

Comments 

Equivalence status 

BSBWHS402 Assist with compliance with WHS laws

BSBWHS402A Assist with compliance with WHS laws

Updated to meet Standards for Training Packages

Edits to clarify intent of Performance Criteria

Strengthened Assessment Conditions. Assessors of this unit of competency must hold a WHS qualification or equivalent at Diploma level or higher

Equivalent unit

Release 

Comments 

Release 1

This version first released with BSB Business Services Training Package Version 1.0.