Unit of competency Outline
Date retreived
21/07/2026 11:40 PM AWST
21/07/2026 11:40 PM AWST
Whilst all efforts are made to provide accurate and timely information from the relevant source/documentation, please be aware that the information supplied may not be the most current version. The accuracy of the detail has not been confirmed by the Department and therefore should not be relied upon without first confirming the contents.
Act on non-compliance
Act on non-compliance
Unit of competency
National Code
PSPREG405B
PSPREG405B
State Code
C8273
C8273
TGA Status
Replaced
Replaced
DTWD Status
Replaced
Replaced
State Implementation and Classification
Approved Date
07/07/2014
Field of Education
090901 - Business And Commercial Law
Original Release Date
07/07/2014
Nominal Hours
10
Description
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.
Notes
Elements and 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.
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
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
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
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
Replaces
| State Code | National Code | Title | Type |
|---|---|---|---|
| C3474 | PSPREG405A | Act on non-compliance | Unit of competency |
Replaced By
| State Code | National Code | Title | Type |
|---|---|---|---|
| AWT92 | PSPREG008 | Act on non-compliance | Unit of competency |
| State Code | National Code | Title | Type |
|---|---|---|---|
| S683 | ACM40110 | Certificate IV in Animal Control and Regulation | Qualification |
| J297 | PSP42112 | Certificate IV in Government (Revenue Administration) | Qualification |
| J295 | PSP41812 | Certificate IV in Government (Road Transport Compliance) | Qualification |
| J291 | PSP41412 | Certificate IV in Government (Statutory Compliance) | Qualification |
| J299 | PSP42312 | Certificate IV in Government (Trade Measurement) | Qualification |
| D368 | PSP42310 | Certificate IV in Government (Trade Measurement) | Qualification |