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Unit of competency details

LGACOM406A - Investigate alleged breaches of legislation and prepare documentation (Release 2)

Summary

Usage recommendation:
Deleted
The Deleted usage recommendation was implemented on 13 June 2017 to describe training components that have no replacement. Enrolments in training components and statements of attainment or qualifications issued before 13 June 2017 are valid. For any components marked as deleted after 13 June 2017, the applicable transition/teach-out periods apply. For specific questions regarding the enrolment, delivery or issuance of a statement of attainment/qualification, please contact your training regulator.
Mapping:
MappingNotesDate
DeletedDeleted from LGA04 Local Government Training Package09/Feb/2021

Releases:
ReleaseRelease date
2 (this release) 11/Sep/2012
(View details for release 1) 13/Aug/2009

Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 090901 Business And Commercial Law  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 090901 Business And Commercial Law  03/Aug/2001 
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Modification History

LGACOM406A Release 2: Layout adjusted. No changes to content.

LGACOM406A Release 1: Primary release.

Unit Descriptor

This unit covers the administration of relevant legislation to ensure compliance.

Application of the Unit

This unit supports the attainment of skills and knowledge required for competent workplace performance in councils of all sizes. Knowledge of the legislation and regulations within which councils must operate is essential. The unique nature of councils, as a tier of government directed by elected members and reflecting the needs of local communities, must be appropriately reflected.

Licensing/Regulatory Information

Not applicable.

Pre-Requisites

Not applicable.

Employability Skills Information

This unit contains employability skills.

Elements and Performance Criteria Pre-Content

Elements describe the essential outcomes of a Unit of Competency

Performance criteria describe the required performance needed to demonstrate achievement of the element. Where bold italicised  text is used, further information is detailed in the Range Statement. Assessment of performance is to be consistent with the Evidence Guide.

Elements and Performance Criteria

ELEMENT 

PERFORMANCE CRITERIA 

1. Identify possible breaches 

1.1. Possible breaches  are identified through complaint or other means, recorded in accordance with legislative and council requirements and notified to more senior staff.

2. Investigate alleged breaches 

2.1. Further information  is obtained on possible breaches.

2.2. If inspection is authorised, the alleged offending party is notified and a time scheduled for an inspection that is conducted according to council procedures.

2.3. Available information from the inspection is assessed against relevant legislation  to determine if a breach has occurred and relevant details are accurately recorded.

2.4. The complainant is advised of investigation outcomes in accordance with council policies and procedures .

2.5. All parties are informed of their rights according to legislation and within appropriate time frames.

3. Propose appropriate action to achieve compliance 

3.1. Consultation with the alleged offending party is undertaken to facilitate resolution.

3.2. Options for action are identified to achieve compliance at the earliest date with the least inconvenience to all parties.

3.3. A practical action to achieve compliance is selected as a result of consultation and relevant authorities  are notified, where required.

4. Undertake action to achieve compliance 

4.1. Notices are issued to relevant parties that clearly document breaches and recommend appropriate action to achieve compliance.

4.2. A clear report recommending appropriate action is prepared and submitted to council.

4.3. Proceedings are instigated within the required time frame  in terms of required legal procedure.

Required Skills and Knowledge

This describes the essential skills and knowledge and their level, required for this unit

Required Skills 

  • negotiation, including providing supporting reasons, considering suggestions of others and responding appropriately
  • investigation
  • working to time lines
  • inspection techniques for possible breaches
  • communicating with public while adjusting communication to accommodate language and cultural differences
  • selecting, reading and interpreting relevant legislation
  • writing reports, including introducing the issues, arguments and supporting evidence and recommending actions

Required Knowledge 

  • council structure and services
  • relevant legislation and controls
  • forms of action
  • types of notices
  • administration

Evidence Guide

Overview of assessment requirements 

A person who demonstrates competency in this unit will be able to perform the outcomes described in the Elements to the required performance level detailed in the Performance Criteria. The knowledge and skill requirements described in the Range Statement must also be demonstrated. For example, knowledge of the legislative framework and safe work practices that underpin the performance of the unit are also required to be demonstrated.

Critical aspects of evidence to be considered 

  • Complaints are investigated
  • Alleged offender is consulted
  • Notices are issued
  • Reports are compiled

Context of assessment 

On the job or in a simulated work environment.

Method of assessment 

The following assessment methods are suggested:

  • observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies
  • written and/or oral questioning to assess knowledge and understanding
  • completion of workplace documentation
  • third-party reports from experienced practitioners
  • completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor

Evidence required for demonstration of consistent performance 

The following assessment methods are suggested:

  • observation of the learner performing a range of workplace tasks over sufficient time to demonstrate handling of a range of contingencies
  • written and/or oral questioning to assess knowledge and understanding
  • completion of workplace documentation
  • third-party reports from experienced practitioners
  • completion of self-paced learning materials including personal reflection and feedback from trainer, coach or supervisor

Resource implications 

Access to a workplace or simulated case study that provides the following resources:

  • computers
  • relevant legislation
  • Access to real parties in an action or simulated role-play process

Range Statement

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 in the Performance Criteria is detailed below.

Breaches  may include:

  • parking offences
  • swimming pools
  • dog nuisances
  • general by-laws
  • litter
  • pollution
  • unauthorised buildings
  • businesses operating outside permitted hours
  • illegal land use
  • fires
  • off-road vehicles
  • illegal landfills

Information  may include:

  • written and oral records
  • reports
  • instructions
  • directions from supervisor or management
  • formal and informal interviews
  • team meetings
  • reports from other services, agencies, specialists or experts
  • media

Legislation  may include:

  • federal
  • state or territory
  • local controls

Council policies and procedures  may include:

  • priority
  • bona fides of a complainant

Relevant authorities  may include:

  • building surveyors
  • planners
  • utilities
  • water authorities
  • council
  • state government authorities

Time frames  may include:

  • statute of limitations
  • state or territory specific

Unit Sector(s)

Regulatory Services.

Competency field

Not applicable.