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Unit of competency details

PSPREG405B - Act on non-compliance (Release 3)

Summary

Usage recommendation:
Superseded
Mapping:
MappingNotesDate
Is superseded by and equivalent to PSPREG008 - Act on non-complianceUnit code updated. Content and formatting updated to comply with the new standards. All PC transitioned from passive to active voice. Assessment Requirements created drawing upon specified assessment information from superseded unit. 06/Mar/2016
Supersedes and is equivalent to PSPREG405A - Act on non-compliance 04/May/2009

Releases:
ReleaseRelease date
3 (this release) 01/Nov/2012
(View details for release 2) 07/Mar/2012
(View details for release 1) 05/May/2009

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
PSP41404 - Certificate IV in Government (Statutory Compliance)Certificate IV in Government (Statutory Compliance)Superseded1-2 
ACM40110 - Certificate IV in Animal Control and RegulationCertificate IV in Animal Control and RegulationSuperseded1-2 
PSP41812 - Certificate IV in Government (Road Transport Compliance)Certificate IV in Government (Road Transport Compliance)Superseded
PSP42108 - Certificate IV in Government (Revenue Administration)Certificate IV in Government (Revenue Administration)Superseded1-2 
PSP42112 - Certificate IV in Government (Revenue Administration)Certificate IV in Government (Revenue Administration)Deleted
PSP42312 - Certificate IV in Government (Trade Measurement)Certificate IV in Government (Trade Measurement)Superseded
PSP41412 - Certificate IV in Government (Statutory Compliance)Certificate IV in Government (Statutory Compliance)Deleted
PSP42310 - Certificate IV in Government (Trade Measurement)Certificate IV in Government (Trade Measurement)Superseded1-2 
PSP41804 - Certificate IV in Government (Road Transport Compliance)Certificate IV in Government (Road Transport Compliance)Superseded1-2 
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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  05/Jul/2004 
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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 competency to issue advice, instructions, warnings, notices, fines and other actions in response to non-compliance situations. It includes attending situations where non-compliance is suspected/alleged, and taking action on non-compliance.

In practice, acting on non-compliance may overlap with other generalist or specialist public sector work activities such as acting ethically, exercising regulatory powers, promoting compliance, assessing non-compliance.

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 . Attend situations where non-compliance is suspected /alleged 

1.1 Procedure is followed in accordance with legal requirements and organisational policy and procedures.

1.2 Personal conduct is maintained in accordance with organisational guidelines and protocols.

1.3 Safety of self and others is protected in accordance with operational policy and procedures.

1.4 When assistance  is required, requests are timely and in accordance with legislation, policy and procedures .

1.5 Activities and actions are carried out in accordance with legislation, organisational policy and procedures and the rules of evidence.

2 . Take action on non-compliance 

2.1 Mitigating circumstances are considered, where appropriate, in accordance with organisational policy and procedures.

2.2 Action on non-compliance  is selected to match the seriousness of the offence.

2.3 Clients  are informed of the action, justification for it and their rights of appeal in accordance with legislation, organisational policy and procedures.

2.4 Action is taken in accordance with legal requirements and organisational guidelines.

2.5 Personal actions/conduct are carried out in accordance with organisational guidelines and protocols and protect the rights and responsibilities of clients.

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:

  • undertaking negotiation and conflict resolution
  • applying risk management and self preservation techniques
  • using judgment and decision making
  • exchanging often complex oral information in a form to suit diverse audiences
  • responding to diversity, including gender and disability
  • writing requiring accuracy of expression and formality in structure and format
  • applying public sector legislation such as occupational health and safety and environmental procedures in the context of actions on non-compliance

Knowledge requirements 

Look for evidence that confirms knowledge and understanding of:

  • legislation, organisational procedures and guidelines
  • organisational parameters for decision making
  • range of appropriate actions possible for different offences
  • negotiation in the context of achieving compliance
  • awareness of social and cultural issues (demographics)
  • public sector legislation and standards
  • occupational health and safety and environmental considerations to ensure the safety of self and others

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.

Units to be assessed together 

  • Pre-requisite units that must  be achieved prior  to this unit:Nil
  • Co-requisite units that must  be assessed with  this unit:Nil
  • Co-assessed units that may  be assessed with this unit to increase the efficiency and realism of the assessment process include, but are not limited to:
  • PSPETHC401A Uphold and support the values and principles of public service
  • PSPGOV408A Value diversity
  • PSPGOV422A Apply government processes
  • PSPLEGN401A Encourage compliance with legislation in the public sector
  • PSPREG401C Exercise regulatory powers
  • PSPREG402C Promote client compliance
  • PSPREG403B Assess compliance

Overview of evidence requirements 

In addition to integrated demonstration of the elements and their related performance criteria, look for evidence that confirms:

  • the knowledge requirements of this unit
  • the skill requirements of this unit
  • application of the Employability Skills as they relate to this unit (see Employability Summaries in Qualifications Framework)
  • action on non-compliance in a range of (3 or more) contexts (or occasions, over time)

Resources required to carry out assessment 

These resources include:

  • legislation, regulations, policy, guidelines and standards
  • public sector values and codes of conduct
  • range of actions appropriate for non-compliance under the legislation/regulations/standards
  • case studies and workplace scenarios to capture the range of situations likely to be encountered when acting on non-compliance

Where and how to assess evidence 

Valid assessment of this unit requires:

  • a workplace environment or one that closely resembles normal work practice and replicates the range of conditions likely to be encountered when acting on non-compliance, including coping with difficulties, irregularities and breakdowns in routine
  • action on non-compliance in a range of (3 or more) contexts (or occasions, over time)

Assessment methods should reflect workplace demands, such as literacy, and the needs of particular groups, such as:

  • people with disabilities
  • people from culturally and linguistically diverse backgrounds
  • Aboriginal and Torres Strait Islander people
  • women
  • young people
  • older people
  • people in rural and remote locations

Assessment methods suitable for valid and reliable assessment of this competency may include, but are not limited to, a combination of 2 or more of:

  • case studies
  • portfolios
  • questioning
  • scenarios
  • authenticated evidence from the workplace and/or training courses

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.

Assistance  may include:

  • other officers
  • other jurisdictions
  • other organisations
  • police

Legislation, policy and procedures  may include:

  • enabling legislation
  • organisational processes
  • codes of conduct
  • equal employment opportunity and anti-discrimination law

Action on non-compliance  may include:

  • oral or written instructions
  • warnings
  • seizure
  • infringement notices
  • expiation
  • cautions
  • fines
  • summons
  • notice of legal action
  • negotiation to achieve compliance if legally possible, and in accordance with organisational policy and procedures, undertaken when exercising prosecutorial discretion (sufficiency of evidence, public interest, reasonable prospect of success)

Clients  may include:

  • people from all age groups, cultural and linguistic backgrounds
  • other public sector or private sector organisations
  • people with weapons
  • people affected by alcohol or drugs

Unit Sector(s)

Not applicable.

Competency field

Regulatory.