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Unit of competency details

PSPREG003 - Apply regulatory powers (Release 1)

Summary

Usage recommendation:
Superseded
Mapping:
MappingNotesDate
Is superseded by PSPREG033 - Apply regulatory powersNon-equivalent. Unit Code changed. Minor changes to Application, Elements and PCs. FS added. Additions to PE and KE. AC expanded for clarification. 02/Apr/2022
Supersedes and is equivalent to PSPREG401C - Exercise regulatory powersUnit code updated. Content and formatting updated to comply with the new standards. All PC transitioned from passive to active voice. Unit title changed to better reflect unit outcomes. Assessment Requirements created drawing upon specified assessment information from superseded unit. 06/Mar/2016

Releases:
ReleaseRelease date
1 1 (this release) 07/Mar/2016


Training packages that include this unit

CodeSort Table listing Training packages that include this unit by the Code columnTitleSort Table listing Training packages that include this unit by the Title columnRelease
MAR - Maritime Training PackageMaritime Training Package 5.0-6.0 
SFI - Seafood IndustrySeafood Industry 1.0-2.1 
CPP07 - Property Services Training PackageProperty Services Training Package 14.4-15.0 
AHC - Agriculture, Horticulture and Conservation and Land Management Training PackageAgriculture, Horticulture and Conservation and Land Management Training Package 1.0-9.0 
RGR - Racing and Breeding Training PackageRacing and Breeding Training Package 2.0-4.1 
PSP - Public Sector Training PackagePublic Sector Training Package 1.0-4.0 
LGA - Local GovernmentLocal Government 1.0 

Qualifications that include this unit

CodeSort Table listing Qualifications that include this unit by the Code columnTitleSort Table listing Qualifications that include this unit by the Title columnUsage RecommendationRelease
SFI40319 - Certificate IV in Fisheries ComplianceCertificate IV in Fisheries ComplianceCurrent1-2 
PSP40716 - Certificate IV in Heavy Vehicle Road ComplianceCertificate IV in Heavy Vehicle Road ComplianceCurrent
RGR40518 - Certificate IV in Racing IntegrityCertificate IV in Racing IntegrityCurrent1-2 
MAR40118 - Certificate IV in Maritime Operations (Marine Surveying)Certificate IV in Maritime Operations (Marine Surveying)Deleted
AHC41720 - Certificate IV in Pest ManagementCertificate IV in Pest ManagementSuperseded
PSP30116 - Certificate III in GovernmentCertificate III in GovernmentSuperseded
RGR50218 - Diploma of Racing Integrity ManagementDiploma of Racing Integrity ManagementCurrent1-2 
PSP40516 - Certificate IV in Trade MeasurementCertificate IV in Trade MeasurementSuperseded
LGA40120 - Certificate IV in Local GovernmentCertificate IV in Local GovernmentCurrent
PSP40216 - Certificate IV in Court OperationsCertificate IV in Court OperationsCurrent
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Classifications

SchemeCodeClassification value
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  

Classification history

SchemeCodeClassification valueStart dateEnd date
ASCED Module/Unit of Competency Field of Education Identifier 091103 Legal Studies  09/Aug/2016 
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Unit of competency

Modification History

Release

Comments

1

This unit was released in PSP Public Sector Training Package release 1.0 and meets the Standards for Training Packages.

This unit supersedes and is equivalent to PSPREG401C Exercise regulatory powers.

  • Unit code updated
  • Content and formatting updated to comply with new standards
  • All PC transitioned from passive to active voice

Application

This unit describes the skills required to cover the exercise of powers under the organisation's enabling legislation and other relevant legislation for regulation, monitoring, inspection and investigation.

This unit applies to those working in public sector roles conducting regulatory activities.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work independently as part of a team, performing routine tasks involving a range of familiar and unfamiliar contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

Competency Field

Regulatory

Elements and Performance Criteria

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Establish regulatory powers 

1.1 Access and use current information relating to enabling legislation and regulations to maintain up-to-date knowledge of requirements.

1.2 Confirm powers provided under the legislation and the boundaries of those powers.

1.3 Identify and confirm compliance requirements of the legislation, related regulations, standards, codes of practice and policy.

1.4 Identify and confirm acts and omissions that comprise non-compliance or offences under the legislation.

2. Apply enabling legislation 

2.1 Identify and analyse circumstances where regulatory powers will be exercised to determine response or measures to apply.

2.2 Identify circumstances requiring the exercise of regulatory powers that are outside own limits and refer to others.

2.3 Identify risks associated with the exercise of regulatory powers and strategies to manage risks.

2.4 Apply enabling legislation consistent with the boundaries and powers contained therein.

3. Utilise other legislation and standards 

3.1 Identify other legislation and standards which impact on powers and confirm their requirements.

3.2 Resolve or refer apparently conflicting legislative directions.

4. Work with other organisations 

4.1 Identify organisations that have jurisdictions which may overlap and establish and maintain relationships.

4.2 Identify organisations available to provide assistance and advice or take referrals and establish relationships for mutual benefit.

4.3 Follow organisational protocols and procedures when working with other organisations.

4.4 Refer compliance matters to other organisations for action when required.

4.5 Follow lead agency protocols and/or lines of authority during operations involving more than one organisation.

Foundation Skills

Foundation skills are embedded within the elements and performance criteria of this unit.

Unit Mapping Information

This unit supersedes and is equivalent to PSPREG401C Exercise regulatory powers.

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623

 

Assessment requirements

Modification History

Release

Comments

1

These Assessment Requirements were released in PSP Public Sector Training Package release 1.0 and meet the Standards for Training Packages.

  • Assessment Requirements created drawing upon specified assessment information from superseded unit

Performance Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

  • undertaking research and analysis
  • using information technology to access relevant legislation and procedures
  • reading complex written materials and applying them to work practices
  • using scanning techniques
  • engaging in discussion involving exchanges of often complex oral information
  • choosing regulatory responses and/or measures to fit the circumstances and justifying those responses against legislation, guidelines, policy and regulations

Knowledge Evidence

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

  • full range of regulatory powers and the limits to those powers
  • enabling legislation
  • offences under the legislation
  • aspects of criminal law, administrative law, industrial law, contract law
  • statutory time limits
  • terminology used in legislation and procedures
  • organisational policies, guidelines and regulations
  • public sector legislation including, health and safety and environment relating to the exercise of regulatory powers

Assessment Conditions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=bebbece7-ff48-4d2c-8876-405679019623