Assessment Requirements for SISXIND003 Maintain legal knowledge for organisation governance

Release: 1

Assessment Requirements for SISXIND003 Maintain legal knowledge for organisation governance

Modification History

Not applicable.

Performance Evidence

Evidence of the ability to complete tasks outlined in elements and performance criteria of this unit in the context of the job role, and:

access and interpret regulatory information and determine the scope of compliance for specific business operations in relation to at least three different areas of compliance

develop a diverse range of policies and procedures for legal compliance with above areas of compliance

integrate, into compliance planning activities and documentation:

sources of detailed information and advice on regulatory compliance

objectives and primary components of a broad range of local, state, territory and commonwealth government laws relevant to specific sport, fitness or recreation business operations

use of policies and procedures in managing regulatory compliance.

Knowledge Evidence

Demonstrated knowledge required to complete the tasks outlined in elements and performance criteria of this unit:

legal responsibilities and liabilities of managers and directors in varying business structures

sources of information and advice on regulatory compliance:

local, state, territory or commonwealth government departments or regulatory agencies

industry associations

plain English documentation that explains the operational requirements of legislation

functions and general operating procedures of regulatory authorities of particular relevance to the sport, fitness or recreation industries

methods of receiving updated information on laws and licensing requirements

use of policies and procedures in managing regulatory compliance

range of formats for and inclusions in policies and procedures

objectives and primary components of a broad range of local, state, territory and commonwealth government laws to which all types of businesses must comply and that cover:

anti-discrimination especially provisions for Equal Employment Opportunity (EEO) and harassment

Australian Consumer Law (ACL) especially provisions for refunds, exchanges and cancellations, terms and conditions of quotations and consumer contracts

contracts

employer superannuation contributions

environmental protection especially provisions for environmental hazard identification, use of minimal impact practices and reporting of incidents

Fair Work Act 2009 especially provisions for national employment standards

local community protection especially provisions for land management and access and protecting the lifestyle of neighbouring residents

taxation

workplace relations

public liability and duty of care

work health and safety/occupational health and safety

workers compensation especially provisions for injury reporting and occupational rehabilitation

objectives and primary components of laws, codes, standards and licensing requirements that impact on specific operators in the sport, fitness or recreation industries; chosen to be applicable to the individual’s context

for each relevant law, code, standard and licensing requirement, the depth of knowledge must cover:

key practices that are prohibited by the law

auditing and inspection regimes

main consequences of non-compliance

need to apply for and maintain business or occupational licensing and associated mandatory training and certification requirements

requirements for record keeping and acceptable record keeping mechanisms

statutory reporting requirements for businesses

key business insurances required including public liability and workers compensation

adherence to mandatory codes of conduct enshrined in legislation

requirements to develop and implement plans, policies, codes of conduct or incorporate certain business practices

rights and responsibilities of employees and employers

other specific action that must be taken for legal compliance

sources of legal information and advice relevant to particular industry sectors

legal framework under which organisations operate:

non-incorporated groups

incorporated

company

company limited by guarantee

trust.

Assessment Conditions

Skills must be demonstrated in:

a sport, fitness or recreation environment or context for which a tailored set of regulatory requirements can be researched and compliance management implemented. This can be a workplace or simulated environment.

Assessment must ensure access to:

computers, software programs, printers and communication technology used to administer regulatory requirements

current legislation

current plain English regulatory documents distributed by government regulators

codes of practice and standards issued by regulatory authorities

regulatory information and business management manuals issued by industry associations or commercial publishers

current commercial policies and procedures used to manage regulatory issues

sources of specialist legal advice:

compliance consultants

industry associations

lawyers

local, state, territory or commonwealth government departments or regulatory agencies.

Assessors must satisfy the Standards for Registered Training Organisations’ requirements for assessors.

Links

Companion Volume implementation guides are found in VETNet - https://vetnet.gov.au/Pages/TrainingDocs.aspx?q=1ca50016-24d2-4161-a044-d3faa200268b